While Vietnam is coming out of the Covid-19 epidemic, force majeure in Vietnam and elsewhere remains a major issue for investors both domestic and international. Cross-border flows of goods and people remain restricted, but internally, Vietnam is resuming business as usual to the extent possible. As the world locked down over the last few months, [...]
On 4 March 2020, Vietnam signed the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. The Convention takes effect on 3 May 2020. Vietnam is the 63 country to join the Convention. In joining the Convention, Vietnam continues its gradual accession to international judicial treaties. In [...]
Not too long ago I was looking at some labor law issues and tangentially saw a reference to a court case in Vietnam that addressed the issue of non-compete agreements. This intrigued me because the last time I looked into the issue there had been no real developments in the area and the consensus amongst [...]
Recently, a friend of mine was pressed with a problem. He signed an employment contract that stated specific duties. He is a computer programmer and his tasks are primarily associated with developing software and related research. But the firm he works for, an international company, decided to open a new line. They have begun offering [...]
I've spent the last two and a half days trying to figure out exactly what the courts do in Vietnam. I've come to the conclusion that their role is ill defined and that on purpose. I read through the Law on Promulgation of Legislative Documents, the Law on People's Courts, the Civil Procedure Code, and [...]
Highlights of the Labor Code 2019 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 [...]
Under Vietnam law, there are three methods for determining compensation. First, the total damage calculation as outlined above. This is the most damaging to the breaching party. Second, limitation by law. Third, agreement by the parties. Total damages for breach of contract include physical damage, spiritual damage, the benefits that would have been enjoyed by [...]
While I have been examining minority shareholder rights in privately held corporations in Vietnam, I have failed to handle a vital piece of business regarding such. I have failed to discuss who, exactly, is a minority shareholder. According to Merriam-Webster’s Dictionary, a minority shareholder is “a shareholder whose proportion of shares is too small to [...]
As this month marks the tenth anniversary of my career in Asia, I thought I would look back again on some of the interesting transactions from earlier in my time in Vietnam. In particular, I am thinking of an acquisition on which I worked that involved a rushed tax deadline, two parties who claimed they [...]
Formalities. Time consuming, seemingly needless, but so very important. When I was in Laos, I worked for an investment fund that offered some private parties loans. I was in charge of securing those loans. I did my due diligence, researched the secured transaction law--which was fairly simple--and drafted sufficient contracts to protect the fund. But [...]