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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

- 28 / 12 / 2019 -
New points on Unilateral termination of a Labor Contract by the Labor Code 2019
On November 20, 2019, the National Assembly promulgated the Labor Code No. 45/2019 / QH14 (“Labor Code 2019”) to replace the Labor Code No. 10/2012 / QH13 (“Labor Code 2012”). The 2019 Labor Code will take effect on January 1, 2021. Accordingly, the 2019 Labor Code has introduced a lot of new regulations, one of […]
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- 22 / 12 / 2019 -
Procedures for issuing Decision on workers circulating plant varieties
On December 13, 2019, the Government issued Decree 94/2019 / ND-CP on guidelines for the law on cultivation of plant varieties and cultivation. This Decree takes effect from February 1, 2020. Accordingly, in Article 5 of Decree 94/2019, there are regulations on dossiers and order of procedures for granting decisions on workers circulating plant varieties, […]
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- 22 / 12 / 2019 -
New regulations on sanctioning administrative violations regarding violations of regulations on foreign exchange activities
On November 14, 2019, the Government issued Decree No. 88/2019 / ND-CP stipulating penalties for administrative violations in the field of currency and banking. This Decree takes effect from December 31, 2019 and replaces the Government’s Decree No. 96/2014 / ND-CP of October 17, 2014, on sanctions against administrative violations in the field of currency […]
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- 22 / 12 / 2019 -
Handling cases where credit institutions fail to make payment or pay insufficient amount of money to buy State Bank Vietnam’s bills
On October 22, 2019, the State Bank of Vietnam (SBV) issued Circular No. 16/2019 / TT-NHNN stipulating the issuance of SBV bills. Accordingly, the Circular has detailed regulations on handling measures for credit institutions’ chiefs who fail to make payment or pay insufficient amount of money to buy SBV bills. The issuance of SBV bills […]
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- 22 / 12 / 2019 -
New points are noted in the Labor Code 2019
On November 20, 2019, the National Assembly of the Socialist Republic of Vietnam passed Labor Code No. 45/2019 / QH14. This Code takes effect from January 1, 2021, replacing Labor Code No. 10/2012 / QH13. Accordingly, the 2019 Labor Code takes effect from January 1, 2021. The 2019 Labor Code has some notable new points […]
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- 22 / 12 / 2019 -
Requirements for investment projects on manufacturing construction materials
On December 16, 2019, the Government issued Decree No. 95/2019 / ND-CP on amending and supplementing a number of articles of Decree No. 24A / 2016 / ND-CP dated April 5, 2016 of the Government on construction materials management. Accordingly, this Decree takes effect from February 10, 2020. Regarding the requirements for investment projects on […]
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- 22 / 12 / 2019 -
Payment finalization documents, procedures for price support for railway transport business enterprises to perform transportation for special tasks and social security tasks
On December 17, 2019, the Ministry of Transport issued Circular 49/2019 / TT-BGTVT providing guidance on the process, records of settlement and price support procedures for railway transport business enterprises carrying out transportation in service of special tasks and social security tasks. This Circular takes effect from February 1, 2020. According to Clause 2, Article […]
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- 15 / 12 / 2019 -
Guidance of digital signature and electronic signing on electronic invoice
On September 30, 2019, the Ministry of Finance issued Circular 68/2019 / TT-BTC guiding the implementation of Decree 119/2018 / ND-CP providing for electronic invoices when selling goods and providing services. Accordingly, at Point dd, Clause 1, Article 3, digital signature, electronic signatures of sellers and buyers on e-invoices are prescribed as follows: – In […]
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