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Determining the jurisdiction of the court and practical risks

Determining the jurisdiction of the court and practical risks

Determining the competent court is the first and one of the most critical steps in civil proceedings. In practice, numerous lawsuits are returned or significantly delayed due to the filing of claims with an incompetent court. This article analyzes the legal grounds for determining court jurisdiction under the current Civil Procedure Code and highlights practical […]
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Shareholders’ right of access to information and the company’s confidentiality obligations

Shareholders’ right of access to information and the company’s confidentiality obligations

The right to access information is one of the most fundamental rights afforded to shareholders to safeguard their interests and enhance transparency in corporate governance. However, this right is always subject to corresponding confidentiality obligations and statutory limitations under the Law on Enterprises. This article analyzes the scope of shareholders’ information rights, common legal risks, […]
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Shall not applied aggravating circumstances “Committing a crime more than once” if it has already been counted as qualifying circumstance

Shall not applied aggravating circumstances “Committing a crime more than once” if it has already been counted as qualifying circumstance

Committing a crime more than once may constitute both a penalty-framing circumstance and an aggravating circumstance for criminal liability under certain provisions of the Criminal Code. This article analyzes the applicable legal provisions and the latest guidance issued by the Council of Judges of the Supreme People’s Court to clarify the circumstances under which this […]
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From 1 July 2026: abolition of licensing requirements for employment services and labour outsourcing services

From 1 July 2026: abolition of licensing requirements for employment services and labour outsourcing services

From 1 July 2026, the Employment Service Licence and the Labour Outsourcing Licence will be officially abolished pursuant to the Law on Investment 2025 and Resolution No. 66.18/2026/NQ-CP. This article outlines the key regulatory changes regarding business conditions, notification procedures, and important compliance considerations for enterprises engaging in employment service and labour outsourcing activities. 1. […]
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Bail as a preventive measure in criminal proceedings

Bail as a preventive measure in criminal proceedings

In criminal proceedings, preventive measures are applied by competent procedural authorities and persons conducting legal proceedings in order to promptly prevent criminal offences, ensure the effective conduct of investigation, prosecution, adjudication and enforcement of criminal judgments. Preventive measures include: holding a person in urgent circumstances, arrest, temporary detention, detention pending trial, bail, deposit as security, […]
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Commentary

- 04 / 03 / 2021 -
Increase the fine for the group of violations on the use and publicity of diplomas and certificates in contravention of regulations
  On December 18, 2020, the Government issued Decree 04/2021/ND-CP stipulating the sanctioning of administrative violations in the field of education (“Decree 04“). Accordingly, Decree 04 has increased the fine for the group of violations on using and publishing diplomas and certificates in contravention of regulations. As follows: A fine of between VND 5,000,000 and […]
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- 04 / 03 / 2021 -
New rules on the conditions for transferring land use rights in the form of subdivision and sale of land
On December 18, 2020, the Government issued 148/2020/ND-CP amending a number of Decrees guiding the Land Law (“Decree 148“). Accordingly, Decree 148 has new regulations on the conditions for transferring land use rights in the form of division of plots and sale of land plots. As follows: In Clause 17, Article 1 of Decree 148 […]
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- 04 / 03 / 2021 -
Time of submission of certificate of origin of imported goods
On January 25, 2021, the Minister of Finance issued Circular No. 07/2021/TT-BTC prescribing the time for submitting certificates of origin of imported goods in the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA). Specifically: The customs declarer shall submit the certificate of origin of imported goods at the time […]
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- 04 / 03 / 2021 -
Cases of transfer of securities ownership are not required to be deposited
On December 31, 2020, the Ministry of Finance issued Circular No.119/2020/TT-BTC regulating the registration, depository, clearing and settlement of securities transactions. The Circular takes effect from 15th February, 2021.  In which, there are provisions for a number of cases where the transferor of securities ownership is not required to conduct the securities depository before the […]
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- 04 / 03 / 2021 -
New requirements for projects on building material production
On February 9, 2021, the Government issued Decree No. 09/2021/ND-CP on Management of building materials. In this Decree, the contents of management of construction investment projects on production of building materials are recorded, specifically as follows: Firstly, the implementation of construction investment projects for construction of building materials production is carried out in accordance with […]
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- 04 / 03 / 2021 -
Cancellation of the status of a public company in case of failure to meet the condition of a public company due to an organization, dissolution or bankruptcy
On December 31, 2020, the Ministry of Finance issued Circular No. 118/2020/TT-BTC guides some contents on offering, issuing securities, public offering, repurchasing shares, registering public companies and canceling the status of a public company. This Circular takes effect from February 15, 2021. One of the highlights of this document is related to the procedures for […]
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- 04 / 03 / 2021 -
Imported or exported goods are not required to declare tax each time it arises
On January 22, 2021, the Minister of Finance issued Circular No. 06/2021/TT-BTC guiding the implementation of a number of articles of the Law on Tax Administration dated June 13, 2019 on tax administration of goods import, goods export. Accordingly, this Circular stipulates cases that import and export goods are not subject to tax declaration every […]
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- 04 / 03 / 2021 -
Preferential tax exemption and reduction of corporate income tax for science and technology enterprises
On January 11, 2021, the Minister of Finance issued Circular No. 03/2021/TT-BTC guiding tax exemption and reduction of corporate income tax for science and technology enterprises. The Circular regulates for conditions for enjoying tax exemption and reduction of corporate income tax for science and technology enterprises as follows: The certificate of science and technology enterprise […]
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