ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Tư, 26 tháng 12, 2018

Foreign investors prefer indirect investment in Vietnam

HCMC - Foreign investors have stepped up their indirect investments in Vietnamese enterprises through capital contributions and stake acquisitions, instead of direct investments.

According to data from the Ministry of Planning and Investment’s Foreign Investment Agency, new foreign direct investment (FDI) approvals in Vietnam this year reported a decline over last year, while there was a surge in foreign indirect investment inflows.

Specifically, from early this year to December 20, foreign investors conducted nearly 6,500 transactions to contribute funds and acquire shares in local firms, with a combined value of US$9.89 billion, up a staggering 59.8% from the year-ago period.

Meanwhile, the country issued investment certificates for over 3,000 new FDI projects, with total registered capital of nearly US$18 billion in the period, down 15.5% year-on-year.

In addition, FDI investors registered an additional US$7.59 billion for nearly 1,200 other operational projects in the period, marking a fall of 7.59% against the same period last year.

In general, the country attracted US$35.46 billion in new foreign investment this year, equivalent to 98.8% of the figure recorded last year.

According to the Foreign Investment Agency, foreign investors injected capital into 18 sectors, of which the manufacturing and processing sector was the most attractive, receiving a total investment of US$16.58 billion, making up 46.7% of the fresh capital.

The real estate sector came in second, with US$6.6 billion, followed by the retail and wholesale sector, with US$3.67 billion.

Japan remained Vietnam’s largest investor this year, with US$8.59 billion, accounting for nearly 24.2% of the total. South Korea ranked second, with US$7.2 billion, and the third largest investor was Singapore, with US$5 billion.

- Saigon Times -

Thứ Hai, 24 tháng 12, 2018

Vietnam wants China to import more, invest more

China should increase imports of Vietnamese goods and make more hi-tech investments, government officials and business representatives say.

Le Hoai Trung, Vietnam's Deputy Minister of Foreign Affairs, proposed at the Vietnam-China Economic Promotion Forum Thursday that China creates more favorable conditions for more Vietnamese goods to enter the country through border gates.

"We hope that the Chinese government will be more open to the Vietnam market, especially for products that Vietnam has strong supply and China has high demand for, such as rice, pork, milk, agriculture, seafood, electronics and consumer goods," Trung told the forum attended by 500 Vietnamese government and business representatives and 200 Chinese counterparts.

Vietnam has a high trade deficit with China. From January to November, the country exported $37.7 billion worth of goods to China and imported $59.6 billion, a trade deficit of $21.9 billion, according to Vietnam Customs.

Vu Tien Loc, chairman of the Vietnam Chamber of Commerce and Industry, said: "Although Vietnam’s exports to China have been increasing this year and trade deficit is declining, I don’t think this trend will be sustainable."

He said it would require a big effort from authorities to pave the way for Vietnamese goods, especially agriculture products, to enter China.

Loc also proposed that that unofficial trade activities between the two countries at the border be formalized to guarantee long-term benefits for both sides.

As protectionism in the world rises, Vietnam and China need to cooperate to control trade cheating, like Chinese businesses exporting its goods via Vietnam to other countries, which would impact on sustainable development of both countries, Loc said.

Trung said at the forum that Vietnam welcomes foreign direct investment from China that is focused on high technology in infrastructure, supporting industry and agriculture.

He added that Chinese FDI businesses should ensure environmental protection and Vietnamese labors’ benefits when investing in the country. 

Loc added that China, as a leading country in the world in the high-tech sector, can provide this kind of investment to Vietnam.

"Vietnam is looking for a new type of foreign investment which has higher quality, integrate more with Vietnamese businesses using high-technology which are environment-friendly," he said.

China is Vietnam’s largest import market, while Vietnam is China’s largest trading partner in ASEAN and the 8th in the world.

From January to November, bilateral trade turnover reached over $97 billion, up 16.5 percent year-on-year, according to official data.

China has invested in over 2,000 projects in Vietnam, with a total registered capital of $13 billion. It ranks 7th out of 129 countries with FDI in Vietnam.


To Setting up Import and Export Company in Vietnam, Please contact our lawyers in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71

Thứ Năm, 20 tháng 12, 2018

ANT Lawyers Joined with International Law Firms in Hong Kong on Dec 7th, 2018

In order to meet the legal demand arising from oversea investors, ANT Lawyers representative, Managing Partner Mr Tuan Nguyen has signed cooperation agreement with other international law firms in Hong Kong on Dec 7th, 2018 to provide legal support and service across numerous countries.

The lawyers are from Hong Kong SAR, the United Kingdom, Myanmar, Thailand, Vietnam, Malaysia, Taiwan, Macau, China (Beijing, Shanghai and Chengdu) have met up and discussed cooperation plan. The cooperation is expected create a platform for communication and cooperation to provide legal support and services to global enterprises, optimizing the business environment, promoting interconnection, investment and trade cooperation. At the formal event, the eleven representatives of the participated international law firm signed the Memorandum of Understanding, and promised to strengthen legal cooperation and exchanges in policy analysis, legal research, and legal services to provide comprehensive services for investors.

The cooperation signing ceremony was participated by the representatives of Government of Hong Kong Special Administrative Region (“HKSAR”) and the Standing Committee of the National People’s Congress, the governors, members and other professionals to witness this important moment. Ms. Tan Huizhu – Deputy Director of the Basic Law Committee of the HKSAR; GBM, GBS, JP and Standing Committee of the National People’s Congress – Mr. Tan Yaozong; GBM, GBS, JP and Vice Minister Vice Minister of Legal Department of Liaison Office of the Central People’s Government in the HKSAR – Mr. Liu Chunhua attended the ceremony as guest.

Thứ Ba, 18 tháng 12, 2018

Vietnam officially introduces national rice trademark

CAN THO – The Ministry of Agriculture and Rural Development today, December 18, has announced the logo of Vietnamese rice, marking the milestone of building a national rice trademark after many years of tapping the global market.

The organizer of the third Vietnam Rice Festival taking place in the Mekong Delta province of Long An from December 18 to 24 noted that the event was aimed at supporting Vietnamese rice producers and traders in boosting trade and investment, as well as ensuring sustainable development and cementing the position of Vietnamese rice in the global market.

This is the first time Vietnam has announced the national rice trademark since the country entered the global rice market in 1989.

To build the rice trademark, the ministry had earlier hosted a rice logo design contest.

Earlier, Le Thanh Tung, head of the southern representative office of the ministry’s Department of Crop Production, told The Saigon Times that Vietnam had completed procedures to seek international protection for its rice trademark.

Accordingly, to have the rice trademark protected, Vietnam filed an application with the Madrid System, a system for the registration of worldwide trademarks governed by the Madrid Agreement and the Protocol relating to the agreement. A single application with the system enables a trademark owner to obtain protection in all member nations.

Tung remarked that the ministry had also formulated regulations concerning the use of the Vietnamese rice trademark, requiring individuals and organizations to meet particular criteria to use the trademark.

In particular, Decision 1499/QD-BNN-CBTTNS 2018 stipulates individuals and organizations can use the certified trademark when granted business registration certificates or investment certificates that include rice production, processing and trading.

Individuals and organizations must be certified to satisfy food-safety requirements for rice processing, preservation and trading, or they must obtain one of the following certificates: good manufacturing practices, hazard analysis and critical control points, food safety management system ISO 22000, international food standards, global standards for food safety, food safety system FSSC 22000 or equivalents that are still valid.

Further, they must have rice products that are certified to meet Vietnamese standards, fulfill tax obligations and boost environmental protection activities.

Rice products that have been certified include white rice, jasmine white rice and glutinous white rice.

Regarding product quality, rice bearing the Vietnamese rice trademark must meet national quality standards, with white rice meeting TCVN 11888:2017 requirements, jasmine white rice meeting TCVN 11889:2017 requirements and glutinous white rice meeting TCVN 8368:2010 requirements. If there is a change to quality standards, rice products must comply with the updated standards.

Under the ministry’s Decision 1499, individuals and organizations have the right to use the rice trademark and their own brands for packaging, advertising and trading certified rice products. They can also exploit, use and enjoy other economic benefits from the trademark and participate in rice trademark promotion activities.

However, individuals and organizations are obliged to use the trademark only on certified rice products, to ensure product quality, to inform the trademark management unit if they no longer need to use the trademark and to pay any related fees.

-The SaigonTimes-

Thứ Hai, 17 tháng 12, 2018

Việt Nam courts should be more prepared to handle foreign investor v. State investment disputes

Việt Nam should not be too “scared or concerned” of legal disputes between the State and foreign investors, but the judicial system should be prepared to deal with such situations.

The remark was made by Vũ Thị Châu Quỳnh, deputy director general of the Department of Legislation, under the Ministry of Planning and Investment (MPI) at a workshop on dispute settlement between foreign investors and recipient countries held on Friday.

Amongst the concluded cases during 1987-2017, 37 per cent of cases were ruled in favour of the State and only 28 per cent in favour of the investor, she said, with the remaining either undecided or discontinued, citing the statistics by the United Nations Conference on Trade and Development (UNCTAD) and the Investor-State Dispute Settlement Navigator (ISDS), noting the figures represent the fact that the State has fared better in tribunals.

As Việt Nam becomes increasingly integrated into the global economy, risks of friction would increase along with the benefits the country could reap from foreign investment, said Caitlin Wiesen, Country Director of the United Nations Development Programme (UNDP) in Việt Nam.

She noted that bringing a dispute to court is usually the “last resort” of enterprises to ensure their rights and benefits.

“Therefore, the court plays a very important role in ensuring a fair business environment. The court’s adjudication must be fair, prompt and accurate,” she said.

Việt Nam has signed 66 bilateral investment treaties since 1990 and 12 free trade agreements, with one entering the final phase, and negotiations for three more are underway.

Nguyễn Thị Hoàng Anh, a Supreme Court judge, said all judicial agencies were told to review and amend the domestic legal system in line with provisions in the 11-country Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) that Việt Nam’s National Assembly ratified in November.

Previously, in 2014, the Government issued a decision on international dispute settlement mechanism, which set out tasks and collaboration processes between State agencies in handling these issues. The mechanism is applied when foreign investors file legal complaints against the Vietnamese Government at international tribunals, according to an international investment protection agreement Việt Nam has signed or the contract between the investor and the Vietnamese Government.

Việt Nam also amended its denunciation and complaint laws to facilitate the settlement of disputes, including ones with foreign entities, the judge said.

Also noting that to avoid costly and time-consuming disputes, Quỳnh of the planning ministry is reviewing bilateral investment treaties Việt Nam has signed with other countries, to eliminate outdated ones, better clarify the responsibilities of the State, include more exceptions to protect State’s rights and benefits and set out more detailed procedures on many matters.

However, she noted that whether foreign partners would concur with all the conditions Việt Nam set out would rely on the nature of bilateral relations, on a case-by-case basis.

The legal official said the most frequently occurring disputes have to do with land property, State-owned enterprises violating the contracts with private enterprises prompting the latter to file complaints against the State, the State revoking or refusing to grant investment licences, or legislation changes resulting in supposed damage to the enterprises.

Quỳnh also urged local courts to be prepared for common claims against the judicial process in disputes, including that fair and equal treatment has not been exercised, the court’s decisions are arbitrary and lacking sufficient legal basis and problems in procedures or issuance of the verdict.

Currently, foreign direct investment in Việt Nam accounts for 55 per cent of the country’s industrial input, 70 per cent of imports’ revenue and 18 per cent of tax collected. This sector also provides jobs for 3.7 million Vietnamese.

The workshop, aimed at judges of the province-level courts and Superior Courts – who handle the dispute verdicts – with updates on international experience in state-investor disputes, recommended practices in the legal procedures as well as Việt Nam’s obligations in following through on the various trade pacts it is a party to in handling these disputes.

The workshop is part of UNDP’s regional project ‘Promoting a fair business environment in ASEAN’, which targets Indonesia, Malaysia, Myanmar, the Philippines, Thailand and Việt Nam.

Source: Viet nam News

Thứ Năm, 13 tháng 12, 2018

Google plans a representative office in Vietnam

A senior Google official says the tech behemoth is studying the process of opening a representative office in Vietnam.

Google senior vice president Kent Walker told Deputy Prime Minister Vuong Dinh Hue at a meeting Tuesday that the opening of a rep office in the country would follow the principle of ensuring that host country regulations do not contradict the firm’s international commitments.

A report on the government website also quoted Walker as saying that he agreed with the Vietnamese government on the need for cyber-security to ensure a stable society. Google will cooperate with authorities in achieving this goal, he said.

The rep office announcement came as Vietnam’s cybersecurity law is set to take effect next month. The law requires digital businesses like Facebook and Google to open a representative office in Vietnam.

Deputy PM Hue said that he appreciated Google’s contribution to a draft decree on guidelines to implement the law and ensure cyber-safety and security.

"Vietnam’s market advantages and the adaptability of its young workforce will be attractive factors for Google to open a representative office in Vietnam," he said.

Meanwhile, a Google spokesperson told Reuters Wednesday: "We remain very excited to see how technology is being used by businesses and people in Vietnam. There are a number of different factors we look at before opening an office, but we have nothing to announce at this time."

Vietnam’s Cybersecurity Law, which was passed in June, requires tech businesses to store the data of Vietnamese users in Vietnam, and to provide this data to the Ministry of Public Security upon receipt of requests in writing, in cases where any infringement of the cybersecurity law is being investigated.

Seventeen U.S. lawmakers in July urged the CEOs of tech giants Facebook and Google to resist changes stipulated by the law.

However, Vietnam’s Ministry of Foreign Affairs reasserted that the cybersecurity law is designed to protect rights of organizations and individuals. 

- evnexpress -

Thứ Tư, 12 tháng 12, 2018

Application documents for grant of commercial bank establishment licenses are now released

The Circular No. 28/2018/TT-NHNN amending the Circular No. 40/2011/TT-NHNN was promulgated by the Governor of the State Bank of Vietnam on November 30, 2018.

Pursuant to this Circular, Article 14 in the Circular No. 40 specifies application documents for licenses for establishment and operation of commercial banks.
The Circular No. 28 amends and supplements regulations on submission of criminal records of personnel of the control and management boards as follows:
- These criminal records must be issued by criminal record database authorities (Vietnamese nationals), competent authorities of Vietnam or other overseas countries (Non-Vietnamese persons);
- These criminal records must be issued no later than 06 (six) months before the date of submission of application documents;
- These criminal records must contain such information as criminal status, prohibition of holding office, establishing and managing enterprises and cooperatives.

- Thuvienphapluatvn -

Chủ Nhật, 9 tháng 12, 2018

Documentation requirements for grant of certificates of conformance to food safety regulations are now available

This is the highlight of the Circular No. 43/2018/TT-BCT on food safety administration within the scope of responsibilities assigned to the Ministry of Industry and Trade.

The Circular prescribes that, in case of application for initial issue of a certificate of conformance to food safety regulations, application documentation will be comprised of the followings:

- The completed application form No. 01a.

- The interpretation of facilities, equipment and appliances conforming to food hygiene and safety regulations prepared using the form No. 02a (applicable to manufacturing establishments), 02b (applicable to business establishments) or the form No. 02a and 02b (applicable to manufacturing and business establishments).

- The certificate of fitness for occupation/ the list of workers fit for work of the owner of the food manufacturing and business establishment and the person directly manufacturing and trading foods, issued by a district-level healthcare service provider (a duplicate copy attested by the applicant establishment).

- The certificate of completion of training in food safety knowledge/ the certificate of acquisition of food safety knowledge of the food manufacturing and business establishment and the person directly manufacturing and trading foods (a duplicate copy attested by the applicant establishment).

This means that the certificate of business registration/ the certificate of enterprise registration/ the certificate of investment in the food manufacturing and business industry will not be required in comparison with the application requirements prescribed in the Circular No. 58/2014/TT-BCT dated December 22, 2014 remaining in force to date.

The Circular No. 43/2018/TT-BCT will take effect on January 1, 2019.

Source: Thuvienphapluatvn

Thứ Tư, 5 tháng 12, 2018

The Regulations on Mediation in the Draft of Law on Mediation, and Dialogue in Vietnam

Over the past few years, the civil cases or administrative claims have been increasing on quantity as well as complex nature. There are opinions that, in reality, while Western countries choose negotiation or mediation as the first measure of dispute settlement, court is favored in Vietnam as main measure of dispute resolution in Vietnam. Theoretically, Vietnam legal system shows that the regulations on mediation, dialogue have been relatively formulated during the judicial reform process. To address the gap in reality, there are recent changes in regulations encouraging parties to use mediation and dialogue as dispute resolution. Recently, the Draft Law on Mediation, Dialogue at the Court has been published since 01 October 2018 for public opinions.

Organization of Court Annexed Mediation and Dialogue in Vietnam

In order to implement mediation and dialogue at court, the Chief Justice of People’s Supreme Court issues the decision on establishing Mediation and Dialogue Center including Director, Deputy Director(s), Mediators. The Director is the head of Center appointed by one of two following measures: (1) the Chief Justice of the Court in the locality where the Center is located assigns the Judge to act according to the rotational regime; or (2) the Mediators elect among themselves. Human resources are mobilized to appoint Mediators selected from the followings: (1) retired Judges, Procurators, Investigators and other retired judicial officials; (2) Retired junior or senior officials; (3) Experts and other professionals with at least 10 years of experience in its work; and (4) Person with high prestige in society and satisfying the following standards:

– Being a Vietnamese citizen, residing in Vietnam, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having good moral qualities, having strong political will and prestige in the community, honest, objective;

– Having good health to ensure the fulfillment of the assigned tasks;

– Having experience and capacity for mediation and dialogue;

– Volunteer for mediation, dialogue settlement.

In the situation of tight state budget and overload of work at Court, the mobilization of human resources not belonging to the State but meeting certain criteria for being Mediators is one of the necessary requirements to ensure the success of this regulation.

Scope of Court Annexed Mediation and Dialogue in Vietnam

Scope of mediation and dialogue under the provision of this Draft shall be applicable to civil and administrative disputes; request for recognition of voluntary divorces, child custody agreement, division of property upon divorce within the jurisdiction of the Court according to the provisions of the Civil Procedure Code, Law on Administrative Procedures or civil, administrative dispute requested by one or more parties to the Court annexed mediation and dialogue for settlement.

The Procedures for Court Annexed Mediation and Dialogue in Vietnam

Upon receipt of the lawsuit petition, petition for recognition of voluntary divorces, child custody agreement, division of property upon divorce as provided in Article 190 of the Civil Procedure Code, Article 119 of the Law on Administrative Procedures, the Court shall forward the petition, request and the documents and evidences enclosed to the court annexed Mediation and Dialogue Center when satisfying the following conditions: (1) The case falls under the jurisdiction of the Court; (2) The claimant, the defendant do not refuse the mediation or dialogue before the court accepts the case; and (3) The case shall not fall into the case which must not be mediated under the provisions of the Civil Procedure Code or which dialogues cannot be held under the Law on Administrative Procedures.

According to the prevailing laws, there are two types of conciliation: pre-litigation conciliation and conciliation in litigation proceedings. The conciliation process under Civil Procedure Code, Law on Administrative Procedures shall not be governed by the Law on Mediation and Dialogue. Therefore, mediation under this draft law is in the form of optional pre-litigation mediation.

Recognition and Enforcement of Court Annexed Mediation Settlement in Vietnam

After mediation or dialogue, the parties can request the Court to recognize the successful mediation or dialogue settlement. The decision to recognize or to not recognize a successful out-of-Court mediation result shall immediately take effect and shall not be appealed against according to appellate procedures (Item 8 of Article 419 of the Civil Procedure Code 2015), but can be protested according to cassation or reopening procedures under the provisions of the Civil Procedure Code. This provision is also recorded in the Draft of Law on Mediation, Dialogue. Out-of-court mediation results are recognized by the court and will be enforced by civil judgment enforcement agencies under law on enforcement.

From the international experience and the reality of Vietnam, the effective implementation of the mechanism of mediation and dialogue has great significance for the settlement of civil and administrative disputes, promotes consensus in society; reduces the number of cases workload, the demand to bring to trial; facilitates the Court to focus resources to further improve the quality of the trial.

Pilot Project of Court Annexed Mediation in Vietnam

Through the pilot project under decision No. 332/QD-TANDTC dated Mar 9th, 2018, Official letter No. 48/TANDTC-PC dated Mar 9th, 2018, and Official letter No. 72/72/TANDTC-PC dated Apr 16th, 2018 the Mediation and Dialogue Center in Hai Phong has received more than 2,500 petition and brought to mediation, dialogue nearly 2,400 applications. The project has been expanded to Hanoi, Ho Chi Minh City, Da Nang, Bac Ninh, Khanh Hoa, Long An. The results and experience of the project will be an important basis for the drafting of the Law on Mediation and Dialogue.

Tuan Nguyen, Esq., CEDR Accredited Mediator

Thứ Hai, 3 tháng 12, 2018

Vietnam’s wind power tariffs attractive, but grid capacity a major concern

Vietnam’s new feed-in tariffs are attracting great interest in wind power, but investors are concerned about grid connection and purchase agreements.

The new feed-in tariffs (FIT) are expected to be attractive to domestic and foreign investors, Tommaso Rovatti Studihard, South East Asia sales director for wind power developer Vestas Asia Pacific, told VnExpress International.

The government recently approved tariff revisions under Decision 39 on support mechanisms for the development of wind power.

The decision, effective from November 1 this year, raises the tariffs from 7.8 US cents per kWh to 8.5 US cents for onshore and 9.8 US cents for offshore generation respectively.

"Electricity demand will grow at an estimated 8 - 10 percent a year from now to 2030. This represents realistic opportunities for investors," Studihard said.

Conjecturing that the national plan envisages adding 1,000 MW of wind power by 2020 and 6,000 MW by 2030, he said the targets are achievable.

"Vestas is excited about the Vietnamese market, probably this is the most promising market in the Asian region with very good wind resources," he said.

Vestas has so far put three wind power projects into operation in Vietnam and plans to have another project come online by 2019 and "do a lot more in the future."

Studihard noted that over the next three to five years there are huge opportunities in Vietnam to have some gigawatts of wind power, but the bankability of the power purchase agreement (PPA) remains an issue with many investors, especially international investors, and banks finding it a little difficult to be comfortable with.

There are no clear termination and force majeure clauses in the PPA, which hinders the attraction of foreign investment, especially from banks and credit institutions, he explained.

"One more problem is Vietnam’s weak grid capacity, which would become a bottleneck for developing wind and other renewables. The grid needs to be upgraded to tap the great potential Vietnam has for offerable, sustainable and reliable wind power."

Bui Van Thinh, CEO of the Thuan Binh Wind Power JSC (TBW), said having gained success in developing the 24MW Phu Lac wind power project in the central province of Binh Thuan, TBW is completing procedures to start construction of a 30MW wind power project in neighboring Ninh Thuan Province.

But the weak grid capacity is the biggest challenge to expanding renewables like wind and solar power, he said.

The transmission line near Phu Lac site could handle 100MW, compatible with two 50MW wind power projects.

Overload capacity is imminent once a solar power project connects with the transmission line, Thinh noted, citing the concerning fact that there are eight solar power projects in the locality approved to connect with the grid.

"The government should instruct the state-run Electricity of Vietnam (EVN) to install transmission lines to cope with the renewable power projects across the country, especially those in Ninh Thuan and Binh Thuan."

Ninh Thuan and Binh Thuan are central provinces that have the greatest potential for renewable energy in the country.

While 2,000 MW of solar power are proposed to be generated in Ninh Thuan, the local transmission line can only handle a few hundred megawatts. Thus, 110 kV or 220 kV transmission lines need to be installed before pushing the power to the 500kV transmission line and sending it to Ho Chi Minh City or Danang City, Thinh added.

Nguyen Van Thanh, deputy head of the Ministry of Industry and Trade’s Electricity and Renewable Energy Authority, said demand for energy, wind power in particular, has been growing rapidly.

The need for ensuring energy security but also sustainable development has changed Vietnam from an energy seller to buyer, with the country’s dependence on imported energy sources also rising, he said.

Vietnam also faces a shortage of primary energy, with coal imports posing many risks related to supply, price and transportation, he noted.

"Given that, efficient exploitation of new and renewable sources would play a key role in the country’s socio-economic development, energy security and sustainable development.

"The country is working diligently to draft policies for the efficient and economical use of energy, diversification of energy sources and increasing application of new and eco-friendly technologies," Thanh added.

Under the revised Power Development Plan VII, power stations in the country are expected to generate a total of 60,000 MW by 2020. Of these, coal-fired stations would make the largest proportion of 42.7 percent, followed by hydropower (30.1 percent), gas-fired plants (14.9 percent) and renewable energy sources (9.9 percent).

By 2030, the total capacity would soar to 129,500 MW, with coal and gas-fired plants accounting for 42.6 percent and 14.7 percent respectively, similar to the figures set for 2020. But the ratio of renewable energy sources is set to double to 21 percent by then.

Source: evnexpress

Thứ Tư, 28 tháng 11, 2018

Insurance business requirements are streamlined

On November 7, 2018, the Government promulgated the Decree No. 151/2018/ND-CP on revision of investment and business requirements under the state management, especially in the insurance business sector.

The Decree revises certain noticeable contents as follows:

- Requirements for grant of the license for establishment of the insurance enterprise or the insurance brokerage enterprise:

The requirement under which the organization contributing capital to establishment of an enterprise must not have the accrued loss till the date of submission is abolished.

- Requirements for establishment of an insurance joint-stock company:

+ Have at least 2 shareholders that meet requirements set forth in clause 1 of Article 7 and own at least 20% of total share of the company (the previous requirement prescribes 2 founding shareholders).

+ Repeal the requirement: Within duration of 03 years from the date of issue of the license, founding shareholders must own at least 50% of ordinary shares of the company of which sale is authorized.

For more details, see the Decree No. 151/2018/ND-CP (in force from November 7, 2018).

Source: Thuvienphapluatvn

To Set up business in Vietnam, please contact our lawyers for advice via email or call our office at (+84) 24 730 86 529

Thứ Hai, 26 tháng 11, 2018

Vietnam Ratifies the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Vietnam has recently ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP (before Trans-Pacific Strategic Economic Partnership Agreement – TPP. This Agreement was signed on 08 March 2018 in Santiago, Chile including 11 countries New Zealand, Canada, Japan, Mexico, Singapore, Brunei, Chile, Malaysia, Peru, Australia and Vietnam.

TPP was initially expected to form a largest free trade area in the world with the participation of the United States of America (USA). Nonetheless, the President of USA – Mr. Donald Trump – withdrew USA from TPP, and the remaining members have to re-negotiate and establish CPTPP as a result. Eleven countries participating in the CPTP have total GDP of USD 10,000 billion equivalent to 13.5% of global GDP.

CPTPP will contribute to boost the export of goods to major markets such as Japan, Australia, Canada and Mexico as well as attract foreign investment into the sectors that Vietnam needs to be developed. Further, this participation has established trade relations with the countries which have never signed a free trade agreement with Vietnam before such as Canada, Mexico or Peru. One of the commitments of CPTPP, the members of CPTPP agree to eliminate import duties on almost all products within 7 years, and Vietnam is flexible up to 10 years. Joining CPTPP, Vietnam not only commits to open up markets, remove tariff barriers, continue to open and facilitate trade, but also continues to show the transparency of the State management on market’s development. The business lines being benefited directly and strongly from CPTPP are garment, textile, footwear, food manufacturing, drink, confectionaries, tobacco, …which is expected to receive investment from oversea through setting up company, factory, and business joint venture in Vietnam.

Further, CPTPP regulates the new legal issues being labour, environment, government procurement, Intellectual Property, state enterprises, …The CPTPP essentially retains the provisions of the TPP Agreement, but with the USA withdrawal, it allows Member States to reserve a number of articles to ensure the balance in the new situation.

In conclusion, Vietnamese enterprises should firstly keep up the commitments of CPTPP in order to seek up the favorable policy trends and to prepare the plans to build competitiveness and enhance the prestige on brand and product quality.

Thứ Năm, 22 tháng 11, 2018

Abolishing regulations on cosmetics management

The Government has promulgated the Decree No. 155/2018/ND-CP on amendments and supplements to certain regulations regarding investment and business requirements under the state management of the Ministry of Health.

The Decree abolishes regulations set forth in the Circular No. 06/2011/TT-BYT on cosmetics management as follows:

- Removing the duplicate copy of the Certificate of Business Registration of an organization or individual responsible to launch cosmetic products into the market from the application requirements for announcement of cosmetic products. 

- Removing the following documents from the application requirements for the certificate of conformance to ASEAN Cosmetic Good Manufacturing Practices:

+ Duplicate copy of the Business Registration Certificate or the Investment License.

+ Training program and assessment report of the “Cosmetic Good Manufacturing Practices” training internally held by a cosmetic business. 

+ List of cosmetic products in process or in the process planning.

Additionally, the Decree No. 155 abolishes certain regulations on cosmetic manufacturing requirements prescribed in the Decree No. 93/2016/ND-CP dated July 1, 2016.

The Decree No. 155/2018/ND-CP will take effect on November 12, 2018.

Source: Thuvienphapluatvn
To set-up business in Vietnam, Please contact our lawyers in Vietnam for advice via email or call our office at +84 28 730 86 529

Thứ Ba, 20 tháng 11, 2018

Decree: Amending certain decrees on investment and business requirements, and administrative procedures in the information and communications sector

mendments to and abrogation of certain articles of the Government’s Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration and implementation of the Law on publishing.

1. Clause 1 Article 7 is amended as follows:

a) Point a Clause 1 is amended as follows:

“a) The application for the license for establishment of representative office shall be made in Vietnamese (if a foreign language document is submitted, it must be translated into Vietnamese and legally notarized) and submitted to the Ministry of Information and Communications. The application includes: The application form for the license; the written certification granted by a foreign competent authority certifying that the publishing house or the publication distribution company (the applicant) lawfully operates in the country where its head office is located; the certified copies or the copies presented with their originals for verification purpose of bachelor’s degree or academic qualifications of higher level, the criminal record and the family register or documents proving the lawful residence in Vietnam of the head of the representative office, issued by competent authorities of Vietnam;"

b) Point b Clause 1 is amended as follows:

“b) Within 20 business days from the receipt of a complete application, the Ministry of Information and Communications shall issue the license for establishment of the representative office to the applicant; in case of refusal, a written response in which reasons for such refusal are indicated must be given to the applicant.

If an application submitted through the Internet or postal service is incomplete or contains incorrect forms of documents, within 03 business days from the receipt of the application, the Ministry of Information and Communications (the Agency of Publication, Print and Release) shall inform and instruct the applicant to modify the application either by telephone, email or fax.

A license for establishment of representative office is valid for 05 years from the date of issue and may be extended provided that each extension shall not exceed 05 years.”

2. Point c Clause 2 Article 7 is amended as follows:

“c) Within 07 business days from the receipt of a complete application, the Ministry of Information and Communications shall re-issue or extend the license for establishment of the representative office; in case of refusal to re-issue or extend the license, a written response in which reasons for such refusal are indicated must be given to the applicant.”

3. Point a Clause 1 Article 8 is amended as follows:

“a) It must have a head office of adequate area meeting relevant regulations on standards of working offices;”

4. Clause 1 Article 9 is amended as follows:

a) Point a Clause 1 is amended as follows:

“a) Before appointing the general director (or director) or the editor-in-chief of a publishing house, the agency in charge of managing such publishing house must submit an application for approval from the Ministry of Information and Communications. The application includes: The application form for approval of the personnel appointment; the resume of the to-be-appointed person; the certified copy or the copy presented with its original for verification purpose of the bachelor’s degree or higher of the to-be-appointed person;”

b) Point c Clause 1 is amended as follows:

“c) Within 15 business days from the receipt of a complete application, the Ministry of Information and Communications shall give or refuse to give a written approval for the appointment, dismissal or discharge of the general director (or director) or the editor-in-chief of a publishing house.”

5. Point b Clause 2 Article 13 is amended as follows:

“b) With respect to documents proving production space: The certified copy or the copy presented with its original for verification purpose of the certificate of land use rights or the contract or any documents proving the land allocation or lease of land, premises or workshop."

6. Clause 2 and Clause 3 Article 14 are amended as follows:

a) Point b Clause 2 is amended as follows:

“b) Within 20 business days from the receipt of a complete application, the Ministry of Information and Communications shall issue the license to import publications to the applicant; in case of refusal, a written response in which reasons for such refusal are indicated must be given to the applicant.”

b) Point b Clause 3 is amended as follows:

“b) Within 07 business days from the receipt of a complete application, the Ministry of Information and Communications shall re-issue the license to import publications to the applicant; in case of refusal to re-issue the license, a written response in which reasons for such refusal are indicated must be given to the applicant.”

7. Article 17 is amended as follows:

a) Point a Clause 1 is amended as follows:

“a) It must have a server located in Vietnam;”

b) Clause 2 is amended as follows:

“2. Requirements regarding technicians in charge of operating and managing the publishing and distribution of e-publications are laid down in Point a Clause 1 and Point a Clause 2 Article 45 of the Law on publishing. To be specific:

They must complete training courses in Information Technology.”

c) Point b Clause 3 is amended as follows:

“b) Technical measures must be adopted to prevent unauthorized access via the Internet;”

8. Point b Clause 2 Article 18 is amended as follows:

“b) Within 15 business days from the receipt of the documentation of registration of e-publication publishing or distribution, the Ministry of Information and Communications shall examine the implementation of the Scheme and give a written certification of registration of e-publication publishing or distribution to the applicant; in case of refusal, a written response in which reasons for refusal are indicated must be given to the applicant;”

9. The following regulations of the Government’s Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration and implementation of the Law on publishing shall be abrogated:

a) Point c Clause 1 Article 6;

b) Clause 3 Article 8;

c) Points b, c, e Clause 1 Article 17;

d) Point a Clause 3 Article 17;

dd) Clause 5 Article 17.

Source: Thuvienphapluatvn

Chủ Nhật, 18 tháng 11, 2018

The Cases of Tranferring Money from Vietnam Abroad

In the context of international economic integration, more and more foreign investors are coming and investing in Vietnam. Besides, many Vietnamese individuals and organizations have also implemented many investment activities, living, traveling… abroad. Therefore, there are needs to transfer money from Vietnam abroad. According to the provisions of Vietnamese laws on foreign exchange management, domestic individuals and organizations are allowed to transfer money abroad in the following cases:

For individuals being Vietnamese citizens, they are entitled to buy, transfer or bring foreign currencies overseas according to the State Bank’s regulations for the following purposes: to study and receive medical treatment abroad; traveling; business trip; visiting abroad; to pay charges and fees to foreign countries; allowances for relatives members living abroad; transfer of inheritance money to overseas heirs; transfer money in case of permanent residence abroad; One-way money transfer for other legitimate needs.

For enterprises, they are allowed to transfer money abroad when performing the following cases: Carrying out payment and transferring money related to the import or export of goods and/or services; payment of payments and remittances related to commercial credits and short-term bank loans; make payments and transfers related to direct and indirect investment income; transfer money when being allowed to reduce direct investment capital; payment of debts and interest of foreign loans; make one-way money transfers; payment and other remittance according to regulations of the State Bank of Vietnam.

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Thứ Năm, 15 tháng 11, 2018

Guidance on entitlement to tariff preferences upon export of goods to EU

On October 30, 2018, the Ministry of Industry and Trade promulgated the Circular No. 38/2018/TT-BCT prescribing the certification of the origin of goods according to the generalized system of preferences (GSP) upon export of goods to EU, Norway, Switzerland and Turkey.

Pursuant to the Circular, if a tradesperson wishes to enjoy GSP preferences upon export of his/her products to the abovementioned markets, he/she must apply for REX code registration, except those products belonging to a shipment of which total worth is not greater than €6,000 (ex works price). 

The tradesperson must release the GSP documents certifying the origin of goods for each shipment which are valid for a period of 12 months from the release date.

The GSB certificate of origin may be released after export and must be submitted to a customs authority of the importing country within duration of 02 years from the importing date.

Goods exported as small packages of which total worth is not greater than €500 or goods which are personal luggage totaling €1,200 at maximum may be eligible for exemption from the requirement of submission of the GSP certificate of origin.

Those goods exempted from the requirement of submission of the certificate of origin as mentioned above are imported for personal consumption only, not for commercial purposes, and the import thereof must not be regular.

The Circular No. 38/2018/TT-BCT in force from December 14, 2018; in particular, the GSP certificate of origin will be applied from January 1, 2019.

During the transitional period, any tradespersons that have not received REX codes yet will remain eligible to obtain the certificate of origin issued using the sample A upon export of their products to the aforesaid markets.

Source: Thuvienphapluatvn

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Thứ Ba, 13 tháng 11, 2018

Vietnam retains anti-dumping taxes on Chinese H-shaped steel

HCMC – The Ministry of Industry and Trade has issued two decisions on maintaining anti-dumping measures against some galvanized steel and H-shaped steel products from China and South Korea, Thanh Nien newspaper reported.

Antidumping duties on H-shaped steel imports from China remain unchanged. Another decision on retaining the anti-dumping tariffs on galvanized steel items imported from China and South Korea into Vietnam was also launched.

In the last 60 days of a year starting from the issuance of the decisions, the relevant sides may submit a request for a review.

Earlier, on August 21, 2017, the ministry decided to slap anti-dumping duties on Chinese H-shaped steel imports classified under Harmonization System Codes 7216.33.00, 7228.70.10 and 7228.70.90.

Four steel manufacturers and 10 commercial enterprises that participated in the antidumping investigation were subject to the antidumping tariffs of 20.48%-22.9%. Meanwhile, other steel manufacturers and exporters had to pay a duty of 29.17%.

Besides this, the Ministry of Industry and Trade, on March 3, 2016, decided to launch an anti-dumping investigation into galvanized steel imports from China, Hong Kong and South Korea.

During the probe that lasted one year, the ministry on September 1, 2016 levied temporary anti-dumping duties of 4%-38.34% on these imports.

On March 30, 2017, the ministry slapped official antidumping duties on galvanized steel imported into Vietnam. Chinese galvanized steel product imports were subject to duties of 3.17%-38.34%, while imports from South Korea received a lower rate of tariffs, at 7.02%-19%.

Source: TheSaigontimes

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Thứ Năm, 8 tháng 11, 2018

Vietnam gets ready to lift foreign ownership caps

A new draft law is set to attract more foreign investment into multiple sectors by removing foreign ownership caps.

At a Wednesday forum in Hanoi, the Ministry of Finance presented a draft securities law that would remove the current 49 percent foreign ownership cap in many sectors, allowing majority or even 100 percent ownership of a company.

"The new law would remove the limit on companies operating in many of more than 200 of the conditional sectors," a Reuters report quoted Nguyen Quang Viet, an official in the State Securities Commission’s legal department, as saying.

In Vietnam, conditional sectors refer to industries subject to additional regulations that would override limits set out by the securities law.

"We expect the new law to encourage development of the market in a faster, stronger and more sustainable manner," Deputy Finance Minister Huynh Quang Hai said at the forum.

Former head of the Central Institute for Economic Management (CIEM) under the Ministry of Planning and Investment Le Dang Doanh said that the bill would "push" more foreign investment into Vietnam.

"Foreign investors have been reluctant to invest in Vietnamese businesses because they can only own a minority stake so far," he told VnExpress International.

Should the 49 percent restriction be removed, foreign companies will be able to gain further management rights, which will be a big incentive to enter Vietnam and expand their business, he added. "With the new law, they can hold decisive positions in Vietnamese companies."

Industry insiders also expect that the new regulation will allow foreign investors to expand their operations in Vietnam.

Citibank's Tsuyoshi Yamashita, who deals with Japanese businesses expanding into Vietnam, told the Nikkei Asian Review that real estate and infrastructure-related business, such as thermal power generation, will likely see a higher demand from foreign companies to do business together.

Roy Zuin Forney, an analyst in international business advisory at consultancy Dezan Shira & Associates, said that Asian investors will be interested in seeking merger and acquisition (M&A) deals with Vietnamese companies to reach into this market.

Vietnamese people’s rising income has allowed more of them to afford health care, which would be a potential market for the pharmaceutical sector, he said.

One source familiar with M&A deals in Vietnam told the Nikkei that Indian drugmaker Renova Global, which already has an office in Vietnam, is looking for opportunities to expand further in the country.

Informational technology and logistics are other industries that will also likely see more foreign investment flow in, industry insiders said.

However, Vietnam remains firm in keeping "sensitive and important" sectors out of the list.

Companies in security, defence, telecommunications and insurance, will continue to have 49 percent foreign ownership caps, Reuters quoted State Securities Commission official Viet as saying. The limit for banks will remain at 30 percent, he added.

Can Van Luc, a government economic advisor, said the government would consider raising limits on foreign ownership of banks on a case-by-case basis.

The draft law is expected to be submitted to the parliament for approval next year and take effect in January 2020.

Source: evnexpress

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Thứ Ba, 6 tháng 11, 2018

Government courts Swiss enterprises to invest in Vietnam

HCMC – The Government has expressed its desire to attract further investment from Swiss enterprises, praising their great strengths in advanced technology as well as their experience with the fourth industrial revolution and the global supply chain, news website Vietnam Plus reported, citing Deputy Prime Minister Vuong Dinh Hue.

Deputy Prime Minister Hue on Monday, November 5, held a meeting with a Swiss enterprise delegation led by Andreas Gerber, head of Swiss SME business at Credit Suisse bank, in a visit to Vietnam to gain more insights into investment opportunities in the country.

The Government will create as many favorable business conditions as possible to ease the investment flow from foreign firms, stated Hue. He stressed that the country had considered foreign-invested enterprises an integral part of its economy and lauded the activities of the Swiss delegation in some localities across the country over the years.

Hue noted that there was significant room for foreign investment opportunities in Vietnam. In particular, Vietnam is in need of further overseas investment in areas in which Swiss firms excel.

Apart from that, the Government also prioritizes developing the finance-banking sector and encourages mergers and acquisitions in this sector to establish fintech and digital banking models in the years to come.

Moreover, foreign companies are encouraged to participate in the process of equitizing State-owned enterprises, become their strategic partners or get involved in local ventures and startup development.

Addressing the reception, Andreas Gerber remarked that the delegation had come to Vietnam for the fifth time to seek business opportunities. This time, it will visit the northern localities of Hanoi, Haiphong City and Ninh Binh Province.

The delegation aims to transfer advanced technologies from Switzerland to Vietnam in the coming period, according to its leader. During the visit, one of the enterprises decided to invest directly in the country.

This is reportedly the largest Swiss delegation seen to date, with enterprises boasting strong business performance and operating in various sectors, such as glass manufacturing, nanotechnology, medical technology combined with artificial intelligence, application software and communications.

As for Vietnam, the Government has prioritized foreign investment in nine sectors such as transportation and socioeconomic infrastructure under the public-private partnership format, manufacturing and supporting industries deploying advanced technology, hi-tech agriculture and logistics, said Hue.

Source: TheSaigonTimes

Chủ Nhật, 4 tháng 11, 2018

ANT Lawyers Participating in Vietnam-Austria Business Forum in Vienna on October 15, 2018.

On the afternoon of October 14th, 2018, the Vietnam Prime Minister Nguyen Xuan Phuc and his wife led Vietnamese delegation to Vienna for official visit to Republic of Austria under the invitation of Austrian Chancellor Sebastian Kurz. On October 15th, 2018, the Prime Minister Nguyen Xuan Phuc had an official meeting with the Chancellor Sebastian Kurz and participated in the Vietnam – Austria Business Forum.

In Vienna, the representative of ANT Lawyers law firm, Mr. Tuan Nguyen participated the Vietnam – Austria Business Forum organized by the Vietnam Chamber of Commerce and Industry (VCCI) and the Austrian Federal Economic Chamber (WKO). This forum has been joined by the representatives from 60 Vietnamese businesses and over 100 Austrian companies. The lawyer of ANT Lawyers law firm met the representative of Austrian companies including Asteas Technologies GmbH & Co KG, AGES – Austrian Agency for Health and Food Safety, FRONIUS International GmbH, Europlast Kunststoffbehälterindustrie GmbH, Bitmedia e-solutions GmbH, D2 Consult International GmbH,… to discuss the Vietnam market entrance possibilities.

The meeting has occurred in the context that Vietnam Prime Minister and the Austrian Chancellor emphasized the importance of promoting the bilateral cooperate on economic, investment and trade; the opportunities post signing the Free Trade Agreement between Vietnam – EU (EVFTA) and Investment Protection Agreement (IPA) looking into the future.

The Vietnam economy has been achieving high growth for the last 30 years. Vietnam is a large market with a population of almost 100 million, 65% of the country’s workforce is young, and the increasing number of internet and smart phone users in Vietnam has also opened up a great opportunities for e-commerce development. Vietnamese Government has committed to vigorously reform and created optimal conditions for Austrian investors. The Prime Minister suggested Austrian companies invest in high-tech agriculture, processing and manufacturing industry, especially agricultural product processing, high-tech zones,…

Along with the advantages facilitated by Vietnamese Government, Austrian companies will seek for investment opportunities to set up company in Vietnam, joint invest, or cooperate to transfer technology. It is expected that both countries will further cooperate and receive benefits from competitive advantage of each other, contribute to economic development and promote the relationship between Vietnam and Austria.

Mr Tuan Nguyen, the representative of ANT Lawyers law firm is honored to participate in the Vietnam – Austria Business Forum, and together with its law firm partner in Austria, Leitner HirthRechtsanwälte GmbH, under the leadership of Markus Leitner, to promote the development of trade relation between Vietnam – Austria in particular and Vietnam – EU in general. With legal and business expertise and experience, we will continue to support the Austrian and other European companies to invest in Vietnam and that Vietnamese company to enter Austrian and European market.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City. We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service. 
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Thứ Tư, 31 tháng 10, 2018

New highlights of Decree No. 148 providing guidance on 2012 Labor Code available in full

1. Person authorized to conclude an employment contract within a family household and organization without legal personality

As provided by the new regulation, the person authorized to act as the legal representative of a family household or an entity will be entitled to sign an employment contract on the employer side, instead of the householder or the head of that entity who usually signs the employment contract in most cases. 

2. Contractual terms and conditions

- With regard to the pay grade promotion or the pay raise, the Decree adds cases in which both contracting parties may negotiate about whether the employer’s statutes or the collective bargaining agreement are applied.

- With regard to the working and rest time, the Decree adds cases in which both contracting parties may negotiate about compliance with labor rules, statutes of the employer, the collective bargaining agreement and/or legislative regulations.

(It is not necessary to specify the working time in an employment contract). 

3. Regulations on employment contracts with elderly employees

If an employer has no demand or the elderly employee does not meet required health standards, both parties will negotiate for (instead of “carry out”) termination of the employment contract.

4. Employer’s obligations arising in case of any changes in the organizational structure, technologies or any change made for economic reasons 

The Decree sets out the new regulation under which the employer is bound to inform in writing the provincial-level regulatory authority in charge of labor affairs of the abovementioned changes (including guidance on details of the notification form). 

5. Regulation on the working period used as a basis for calculation of resignation or dismissal allowances

- The period of probation or internship is not assumed as an employee's total actual working time upon calculation of these allowances. 

- The period of paid leave from work for performing a citizen’s obligations as provided by regulations in force is the time length of an employee’s actual working for an employer.

- For the purpose of calculation of these allowances, the allowed period is the time length of payment of unemployment insurance contributions which is the period of an employee’s participation in the unemployment insurance (currently, there is none of regulations on this matter). 

- The Decree adds cases in which the employer is permitted to extend the time of processing of an employee’s claim for their interests upon termination of an employment contract to the maximum duration of 30 days, including the followings:

Merger, amalgamation, splitting and separation of an enterprise or cooperative, transfer of the property rights under Article 45 of the Labor Code.

6. Base pay rate serving as a basis for calculation of salary or wage paid an employee on leave

Base pay rate serving as a basis for calculation of salary or wage paid an employee on annual leaves, public or national holidays or paid personal business leaves is the pay agreed upon in an employment contract (instead of the pay specified in the employment contract in the preceding month) divided by the number of normal working days in a month as per the employer's regulations, and multiplied by the number of annual days-off, national, public holidays or paid personal business leaves. 

7. The Decree adds the regulation on the base pay rate serving as a basis for calculation of compensation in case of unilateral termination of employment contract in breach of laws

8. Registration of labor rules

Provincial-level regulatory authorities in charge of labor affairs are not bound to inform in writing (simply inform) the employer in case of any rules in violation of laws.

9. Procedures for imposition of labor disciplinary actions

- The employer only has to ensure that the notification of invitation to the meeting about disciplinary actions is received by participants before the meeting takes place (unlike existing regulations, the Decree does not require that the notification of invitation must be sent at least 5 working days before the meeting). 

- In the absence of any participant without good and sufficient reasons, the employer may hold that meeting at their discretion and does not have to obey the existing regulation under which at least 3 times of invitation to the meeting are required.

The Decree No. 148/2018/ND-CP is going to be in force on December 15, 2018.

Source: Thuvienphapluat

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