How to Successfully Use a Non-Compete Clause in Vietnam

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 [...]

By |2020-03-25T12:40:46+07:00March 25th, 2020|Contract Law, Dispute Resolution, Employment|Comments Off on How to Successfully Use a Non-Compete Clause in Vietnam

Selecting KPIs in Vietnam’s Employment Law

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 [...]

By |2020-03-02T10:22:42+07:00March 2nd, 2020|Contract Law, Employment|Comments Off on Selecting KPIs in Vietnam’s Employment Law

Judiciary’s Role Under-defined in Vietnam

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 [...]

By |2020-02-19T12:26:49+07:00February 19th, 2020|constitutional, Contract Law, Dispute Resolution|Comments Off on Judiciary’s Role Under-defined in Vietnam

Vietnam Labor Law Update

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 [...]

By |2020-01-13T16:08:55+07:00January 13th, 2020|Business News, Contract Law, Employment, Legal News|Comments Off on Vietnam Labor Law Update

Contractually Limiting Liability in Vietnam Law

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 [...]

By |2020-01-06T11:50:45+07:00January 6th, 2020|Contract Law, Dispute Resolution|Comments Off on Contractually Limiting Liability in Vietnam Law

Who is a Minority Shareholder in Vietnam?

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 [...]

By |2019-11-25T11:47:29+07:00November 25th, 2019|Contract Law, Corporate and commercial, M&A|Comments Off on Who is a Minority Shareholder in Vietnam?

Conditions Precedent

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 [...]

By |2019-10-21T16:28:35+07:00October 21st, 2019|Contract Law, Corporate and commercial, M&A|Comments Off on Conditions Precedent

Legal Formalities in Indochina

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 [...]

By |2019-10-15T08:54:45+07:00October 15th, 2019|Contract Law, Corporate and commercial, Dispute Resolution, Inward Investment|Comments Off on Legal Formalities in Indochina

Don’t Trust a BCC

A while ago I was working with another lawyer on an M&A deal. The target company was a Vietnamese entity that operated in a restricted sector. This meant that foreign ownership was limited. Our client was a foreign entity that had a Business Cooperation Contract with the Vietnamese entity that stated that the foreign entity [...]

By |2019-10-07T10:22:53+07:00October 7th, 2019|Contract Law, Corporate and commercial, Inward Investment, M&A|Comments Off on Don’t Trust a BCC

Shop & Go Gone Bust

In a story reported by VN Express here, Shop & Go, a chain of nearly a hundred convenience stores in Ho Chi Minh City and Hanoi was sold to Vingroup for $1. Shop & Go was a Singaporean enterprise that was one of the first in the convenience store space in Vietnam. Unfortunately, Shop & [...]

By |2019-04-08T15:55:07+07:00April 8th, 2019|Business News, Business plans, Competitive research, Contract Law, General, Inward Investment|Comments Off on Shop & Go Gone Bust
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