05 05 2020

On 24 March 2020, the Government issued Decree No. 35/2020/ND-CP (“Decree 35”) providing detailed regulations for implementation of the new 2018 Law on Competition (the “2018 Competition Law”), which took effect on 1 July 2019. This decree will come into force from 15 May 2020. The 2018 Competition Law and its guiding rules under Decree 35 would significantly impact the M&A sector in Vietnam, as they expand the scope of transactions which are subject to economic concentration review.

04 24 2020

On 1 April 2020, the Prime Minister of Vietnam issued Decision No. 447/QD-TTg declaring Coronavirus (Covid-19) as a national pandemic in Vietnam. In addition, Vietnamese government has imposed numerous measures to minimize the spread of the Covid-19 and mitigate the economic impact of the Covid-19 outbreak which include:

04 17 2020

On 3 February 2020, the Government of Vietnam has issued Decree No. 15/2020/ND-CP on administrative sanctions in the sectors of postal, communications, radio frequency, information technology and electronic transactions (“Decree 15”), which came into effect on 15 April 2020 and superseded Decree No. 174/2013/ND-CP (“Decree 174”). Decree 15 adds remarkable regulations on administering the use of a social network platform (“SNP”) and information transmitted thereon and clearly assigning obligations of SNP users as separate from a social network service provider (“SNSP”).

04 06 2020

The significant growth of ride hailing services in Vietnam has widely been considered a major breakthrough in the transportation industry. Nevertheless, it has not been formally regulated under the current laws of Vietnam and the operation of ride hailing services by cars has caused several obstacles in terms of management. 

01 06 2020

On 20 November 2019, the National Assembly of Vietnam issued a new Labor Code with the purpose of promoting the Vietnamese labor market and solving essential problems from practical implementation of the Labor Code 2012. It is intended to create a more flexible legal framework on employment and harmonize the legitimate rights and interests of employees and employers under the overall socio-economic development of Vietnam.

08 25 2019

Recently, an updated draft new Law on Securities (the “Draft Law”) has been released by the Ministry of Finance for public comments, with a view to further improve the regulatory framework for the securities market in Vietnam. The Draft Law if adopted will take effect from 01 January 2021, and shall replace the existing legislation, Law No. 70/2006/QH11 on Securities dated 29 June 2006 as amended in 2010 (the “Current Law”). This article discusses some major changes under the Draft Law as compared with the Current Law. 

05 04 2019

Decree No. 06/2016/ND-CP on management, supply and utilization of radio and television services in Vietnam, dated 18 January 2016 (“Decree 06”), is one of the policies ensuring that many types of Internet service may be transmitted, including cross-border transmissions, to internet users in Vietnam. Modifying Decree 06, the Ministry of Information and Communications (the “MOIC”) issued a draft decree for public consultation between July and September 2018 (“Draft Decree”).

08 31 2018

On 12 June 2018, the Cybersecurity Bill was ratified by the National Assembly of Vietnam with an approval rate of 86.86%. The Cybersecurity Law is due to take effect on 1 January 2019 and provides regulations on the protection of national security, ensuring social order and safety in cyberspace. It also covers the responsibilities of concerned agencies, organizations and individuals when creating, transmitting, collecting, processing, archiving and communicating information in cyberspace.

07 31 2018

Foreign Investors in Vietnam treat education as an attractive sector for investment. Seeing the need for a more effective regulatory legal framework in this field to attract more foreign investment, the Government promulgated Decree No. 86/2018/ND-CP, dated 6 June 2018 (“Decree 86”), which will go into effect on 1 August 2018. Decree 86  regulates  foreign  cooperation  and  investment  in  the  education  sector  comprising: education  and  training  in  cooperation  with  foreign  parties;  educational  institutions with foreign invested capital; and foreign educational representative offices in Vietnam.

07 13 2018

On 20 April 2018 the Ministry of Industry and Trade issued Circular No. 6/2018/TT-BCT detailing provisions on trade remedies (“Circular 6”).

05 31 2018

On 2 February 2018, the Government promulgated Decree No. 15/2018/ND-CP guiding some articles of the Law on Food Safety 2010 (“Decree 15”) which took effect on 2 February 2018

04 26 2018

Being one of the most noticeable legal documents issued by Vietnam's government at the end of 2017, Decree No. 116/2017/ND-CP dated 17 October 2017 regulates the statutory conditions of vehicle manufacture, assembly, import and warranty & maintenance services ("Decree 116"). These regulations only apply to companies operating in automobile manufacture, assembly, import, warranty, and maintenance services in Vietnam, and for related authorities, organizations and individuals.

03 09 2018

On 15 January 2018, the Government has promulgated Decree No. 09/2018/ND-CP detailing the Commercial Law and the Law on Foreign Trade Management on the purchase of goods and related activities of foreign investors and foreign invested companies in Vietnam (“Decree 09”). This new decree took effect from the date of promulgation and replaced Decree No. 23/2007/ND-CP dated 12 February 2007 (“Decree 23”).

03 09 2018

The National Assembly of Vietnam passed Penal Code No. 100/2015/QH13 (the “New Penal Code”) on 27 November 2015. However, due to technicalities and modifications by the issuance of Law No. 12/2017/QH14 on amendments to the Penal Code on 20 June 2017, the New Penal Code came into effect on 1 January 2018. Among the other changes, the New Penal Code introduced new provisions on crimes of commercial legal entities. 

02 28 2018

On 12 June 2017 the National Assembly of Vietnam issued Law No. 04/2017/QH14 on supporting small and medium-sized enterprises (the “SME Support Law”) which took effect on 1 January 2018.

01 12 2018

The simplification of administrative procedures has now been widely acknowledged as an aim of the Vietnamese government as part of its wider plan to attract more foreign investment.

11 27 2017

On 14 September 2017, the Government promulgated Decree No. 105/2017/ND-CP on liquor trading (“Decree 105”) which will take effect as of 1 November 2017 and supersede Decree No. 94/2012/ND-CP dated 12 November 2012 on liquor production and liquor trading (“Decree 94”).

10 31 2017

The government recently issued a decree to streamline the procedures and requirements for registration of security measures, and improve information disclosure for secured assets.Decree No. 102/2017/ND-CP on registration of security measures was issued on September 1, 2017 and took effect on October 15, 2017 and replaced Decree No. 83/2010/ND-CP dated July 23, 2010.

09 25 2017

The Law on Technology Transfer No. 80/2006/QH11 (the “2006 LOTT”) was issued on 29 November 2006 when Vietnam was preparing for its accession to the WTO. During it’s more than 10 years of implementation, the 2006 LOTT contributed an important role in promoting innovation activities and technology transfers, applying advantages of science and technology in product manufacturing as well as frequently providing improvements in the lives of the people.

06 28 2017

Since its promulgation in 2006, Decree No. 89/2006/ND-CP on labelling products (“Decree 89”) is based on legal documents which so far, have been invalidated and replaced by higher level legal documents (presently, the Law on Consumer Rights Protection, dated 30 October 2010, and the Law on Products and Goods Quality, dated 21 November 2007).

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