Articles
11 11 2021

Despite various difficulties and challenges from the coronavirus (COVID-19) pandemic, Vietnam has maintained its position as a credible and attractive investment destination for foreign investors, in part because of its abundant labor resources, a stable socio-political situation, infrastructure for manufacturing and circulation, and numerous investment incentives. Even with the COVID-19 pandemic, the Ministry of Industry and Trade (MOIT) has recently announced that the total foreign direct investment (FDI) in the last nine months of 2021 reached US$22.15 billion, an increase of 4.4% over the same period last year.

10 26 2021

Promulgated on16 May 2013 and officially effective as from 1 July of the same year, Decree No. 52/2013/ND-CP on e-commerce (“Decree 52”) has acted as the legal “backbone” for managing e-commerce activities in Vietnam for several years.

10 29 2021

Vietnam has been a member of the World Intellectual Property Organization (“WIPO”) since 1976. It has been a contracting party to a certain number of WIPO-related treaties or conventions, including the Bern Convention (since 2004), Brussels Convention (since 2006) and Paris Convention (since 1949), the Madrid Agreement (since 1939), the Madrid Protocol (since 2006) and the Patent Cooperation Treaty (since 1993). The Intellectual Property (“IP”) legal and regulatory framework of Vietnam was overhauled and greatly improved in preparation for WTO accession. Most importantly, it adopted the first Law on Intellectual Property in 2005 (as first revised in 2009).

10 22 2021

With a purpose to attract and create more investment opportunities for foreign investors, the Prime Minister promulgated Decision No. 29/2021/QD-TTg dated 6 October 2021 on special investment incentives (“Decision 29”). Decision 29 brings insight to the levels, duration and conditions of applying special incentives for investment projects.

10 22 2021

After three months experiencing strict lockdown regulations from the fourth wave of COVID-19, Vietnam is changing its strategy to control the outbreak. The Government of Vietnam has announced a gradual opening and resumption of activities from the end of September 2021. Accordingly, the National Steering Committee for COVID-19 Prevention and Control has agreed to change the strategy policy from “Zero COVID” to “Safe and flexible adaption and effective control of the COVID-19 pandemic” under guidance of Resolution No. 128/NQ-CP of the Government of Vietnam dated 11 October 2021 (“Resolution 128”).

10 21 2021

In the context of the pandemic, manufacturing activities in industrial zones (IZs) became nearly impossible in some southern areas, which led to the disruption of the supply chain and a shortage of labour. One reason for this situation is that localities were not interested in developing social housing for workers.

10 15 2021

Due to the current situation of the prevention and control of the Covid-19 pandemic, and the improvement of treatment capacity as well as the increase of vaccination rates in Vietnam, there has been a demand for a new strategy in response to the pandemic. With this in mind, the Government of Vietnam has issued Resolution No. 128/NQ-CP dated 11 October 2021 providing temporary guidance on the “Safe adaptation, flexibility and effective control of the COVID-19 pandemic” on 11 October 2021 (“Resolution 128”).

10 14 2021

Employment relationships in Vietnam are governed by the 2019 Labour Code, which took effect as 1 January 2021 (the “Labour Code”), and its guiding regulations. In comparison to some other countries in the region, the position of employees is well protected. Vietnamese labour law is mandatory in a one-sided way: Employers and employees may not agree on terms that are less favourable to the employee than the conditions set out in labour legislation. They may, however, agree on terms that are more favourable.

10 08 2021

Seeing that telecom sector is regularly changing, as are its governing regulations. The Ministry of Information and Communications (“MIC”) has recently released for public comments the draft decree (the “Draft Decree”) amending and supplementing a number of articles of Decree No. 25/2011/ND-CP guiding the implementation of the 2009 Law on Telecommunications (the “Telecom Law”), as amended by Decree No. 81/2016/ND-CP dated 1 July 2016 (“Decree 25”).

10 01 2021

On 6 September 2021, the Government issued Resolution No.100/NQ-CP (the “Resolution 100”) approving the prior proposal of the State Bank of Vietnam (the “SBV”) for developing a decree on a regulatory sandbox for financial technology (“FinTech”). Resolution 100 acts to further the previous plans of the SBV to launch a regulatory sandbox for FinTech in Vietnam (“Fintech Sandbox”) demonstrated by the draft decree on Fintech Sandbox (the “Draft Fintech Sandbox Decree”) released for public comment in early June 2020.

09 29 2021

On 20 October 2015, the Government issued Decree No. 101/2015/ND-CP (“Decree 101”) providing regulations for upgrading and rebuilding apartment buildings. After six years (2015-2021) of being in effect, the implementation of Decree 101 has met with several difficulties leading to the slow and ineffective upgrading and rebuilding of apartment buildings.

09 23 2021

To enforce more rigorous control of cross-border advertising activities, the Vietnamese government issued Decree No.70/2021/ND-CP on July, which took effect on September 15. Thai Gia Han, junior associate at Indochine Counsel, pores over the new conditions applicable to digital advertising in Vietnam and how these impact those who provide cross-border advertising services.

09 21 2021

In implementation of the Prime Minister’s direction under Official Letter No. 6505/VPCP- PL dated 15 September 2021 (OL 6505), the Ministry of Planning and Investment has just issued Official Letter No. 6278/BKHDT-PC dated 17 September 2021 (OL 6278). One of the remarkable points under this OL 6278 is the proposal for amendment of Article 75.1(c) of the Law on Investment 2020 (LoI 2020) providing the amendment of Article 23.1 of the Law on Residential Housing 2014 (LoRH 2014).

09 20 2021

On 22 May 2018, the Government issued Decree No. 82/2018/ND-CP regulating the management of industrial zones and economic zones (“Decree 82”). Decree 82 created the legal framework for industrial zones to attract foreign investment capital, therefore driving economic growth. Within the first five months of 2021, industrial and economic zones have attracted about 291 foreign investment projects with newly registered capital and increases in existing capital reaching approximately USD6.02 billion, an jump of about 10.3% over the same period last year.

09 20 2021

Which legislative and regulatory provisions, or any other guidelines or policies that govern or regulate cryptocurrency in your jurisdiction?

There are two types of virtual currency commonly known in Vietnam, in-game units which are used for making purchases in digital environments such as video games or contests, and cryptocurrencies. A third type is currently undergoing a pilot program and is a cash based digital payment which allows for non-banked individuals to deposit hard currency in their digital wallets. This chapter will limit its discussion to cryptocurrencies which made their market debut in Vietnam around 2017.

09 14 2021

On 10 September 2015, the Government issued Decree No. 76/2015/ND-CP (“Decree 76”) providing detailed regulations for implementation of the Law on Real Estate Business 2014 as amended on 17 June 2020 (the “LoREB”). After six years (2015-2021) of effectiveness, the implementation of Decree 76 has revealed several difficulties and obstacles requiring research, amendment, supplementation or replacement to accord with current situations.

08 13 2021

A controversy surrounds patent rights, particularly around much sought-after vaccines. Nguyen Thi Hong Anh, partner and head of the IP and Technology Practice Group at Indochine Counsel, provides a summary of the laws and regulations directed to compulsory licensing of patent rights in Vietnam.

08 05 2021

The Government has recently released Decree No. 23/2021/ND-CP dated 19 March 2021 providing detailed guidance for Articles 37.3 and 39 of the Employment Law No. 38/2013/QH13 dated 16 November 2013 in respect of employment service centers and enterprises (“Decree 23”), which took effect on 1 June 2021 and replaced Decree No. 52/2014/ND-CP dated 23 May 2014 (as amended in 2018) regulating conditions and procedures to issue employment service licenses (“ESL”) for employment service enterprises (“ESEs”) (“Decree 52”).

08 04 2021

Social networks (the “SN / SN(s)”) have for long been a part of many people’s daily routine, especially during quarantine period. Following up on the plan to establish a safe and healthy cyber environment, the Government of Vietnam (the “GOV”) has recently issued the second draft decree amending Decree No. 72/2013/ND-CP dated 15 July 2013, on the management, provision and use of internet services and cyber information (“Decree 72”) and Decree No. 27/2018/ND-CP dated 1 March 2018 amending Decree 72 (the “2nd Draft”). In comparison with the first draft previously released around April, 2020 (the “1st Draft”), the 2nd Draft added certain worth-noting provisions on SNs, electronic information sites / general electronic information sites, cross-border provision of information, etc.

08 02 2021

In the context of the Covid-19 pandemic’s renewed spread, several proposals for the temporary waiver of patent rights for inventions relating to Covid-19 vaccines have been made by a number of countries, including South Africa and India. This is so that poor and developing countries may more conveniently access the vaccine, and more effectively respond to the health challenges. Such proposal has been supported by the Directors of the WTO and the WHO, as well as Mr. Joe Biden, the President of the United States, but most countries in the European Union still strongly oppose such a waver based on the view that the temporary waiver of patent rights may reduce vaccine manufacturers’ profits and therefore, discourages technology innovation and creation.

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