07 10 2020

On 17 June 2020, the National Assembly has passed Law No. 62/2020/QH14 amending and supplementing a number of articles of the 2014 Law on Construction (the “Amended Construction Law”). The Amended Construction Law will be effective from 1 January 2021, except for a number of articles which will enter into force on 15 August 2020. The Amended Construction Law is expected to consolidate regulations across different specialized laws, and reduce administrative procedures for investors. The key points are addressed below.

06 25 2020

The Ministry of Industry and Trade (the “MOIT”) has recently proposed a new decree (the “Draft Decree”) to amend and supplement Decree No. 52/2013/ND-CP dated 16 May 2013 on e-commerce (as amended by Decree No. 08/2018/ND-CP dated 15 January 2018) (“Decree 52”). The Draft Decree will remedy identified deficiencies in regulations and deal with issues that have occurred during the implementation of Decree 52 such as the sale of fake goods in e-commerce trading floors; the control of e-commerce activities on social network platforms; the control of cross-border e-commerce activities; the management of foreign investment activities in Vietnamese enterprises doing business in e-commerce trading floors; etc. 

05 29 2020

The steadily rising manufacturing costs in China caused by the ongoing US – China trade war have left many manufacturers with little choice but to break down their manufacturing activities and relocate to other territories outside of China. With the addition of the COVID-19 pandemic, the urgency to reduce manufacturing costs and stabilize operations has become even more relevant. With these dual crises in mind, Vietnam emerges as one of the most attractive potential markets for relocation—with its relatively low labor costs, favorable investment conditions, affordable rent, a reliably growing economy, and success in restraining and controlling COVID-19.

05 22 2020

With social distancing over, Vietnam has started to move towards the “new normal” of post-COVID-19. This alert will hopefully help Vietnamese enterprises to prepare for recovery in this “new normal” and in taking the necessary steps to transition workforces back to work safely. 

05 21 2020

On 7 May 2020, the Department of Construction of Ho Chi Minh City (the “HCMC DOC”) issued Official Letter No. 4801/SXD-PTDT (the “OL 4801”) seeking opinions on the draft report to the People’s Committee of Ho Chi Minh City (the “HCMC PC”) on the proposed procedures for development of commercial housing projects in Ho Chi Minh City as directed by the Vice Chairman of the HCMC PC in Official Letter No. 2837/VP-DT (the “OL 2837”).

05 12 2020

Given the impact of Covid-19 and to support the business community, on 8 April 2020 the Government of Vietnam issued Decree No. 41/2020/ND-CP on extension of deadlines for payment of taxes and land rent (“Decree 41”), which took effect from the date of signing. Below is a summary of the key contents of Decree 41.

05 08 2020

The Ministry of Information and Communications (the “MIC”) has presented to the Government a draft decree dated 21 April 2020 on the amendment and supplementation of 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 “Draft Decree”). The Draft Decree propounds new definitions and combines the existing regulations in the governing sectors, including social networks and cross-border provision of public information. Accordingly, the Draft Decree empowers the management role of the Government authorities as well as details the obligations of relevant entities.

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”).

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