Legal advice & case studies.

When Should the Employer Send Notice of Termination of Labour Contract to Employee Before Contract Expiration?

When Should the Employer Send Notice of Termination of Labour Contract to Employee Before Contract Expiration?

To ensure the compliance with law, it is suggested to seek advice from employment lawyers in Vietnam.  The following is the initial guidance for consideration and reference. When employer can terminate labour contract? Expiration is one of the circumstances which permit termination of labor contract under the Labor Code. Accordingly, the employer must inform in … Read More

Scope of Chapter 9 – Investment in CPTPP Agreement

Scope of Chapter 9 – Investment in CPTPP Agreement

[vc_row][vc_column width=”2/3″][vc_column_text] CPTPP is a new-generation FTA covering many aspects in addition to the traditional areas such as trade of goods, services. Non-traditional areas such as labor, environment, intellectual property, etc. all have significant commitments and are specified in each chapter. Enterprises of state member must meet certain conditions applicable to each area to enjoy … Read More

Legal consequences of the trademark with origin in Vietnam

Legal consequences of the trademark with origin in Vietnam and designation EU registered under Madrid system after Brexit

After 47 years being a member of EU, UK officially left EU on January 31, 2020. This is an almost half of century relationship, thus, there would be a number of arising confusion as well as the issue which is in need of negotiation to complete the process including trademark registration with origin from Vietnam. … Read More

When a Contract is Invalid Due to Non-compliance With Form?

When a Contract is Invalid Due to Non-compliance with Form?

Generally, contracts for sale and purchase of goods and service contract shall be expressed in verbal or written form or established with specific acts. For types of contract which must be made in writing provided by law, such contract must comply with such form regulation. Particularly, contract for international purchase and sale of goods shall … Read More

What Rights Shareholder Holds in Joint Stock Company?

What Rights Shareholder Holds in Joint Stock Company?

Shareholders are individual or organization that owns at least one share of the joint-stock company and also are owner of the joint-stock company. Along with these roles, their interests are tied to business operations although they may not directly manage the day-to-day company affairs. In order to implement governance, the powers and responsibilities of each … Read More

Register copyright in Vietnam

How to Use Published Works Without Permission or Pay Royalties, Remuneration?

According to regulation of current Law on intellectual property, copyright means rights of an organization or individual to works created or owned by such organization or individual. Copyright to a work includes moral rights and property rights. If other organization or individual wishes to exploit, use a part or the whole of works, they shall … Read More

What Are the Conditions for Initiating an Anti-dumping Case?

What Are the Conditions for Initiating an Anti-dumping Case?

Anti-dumping measures as trade remedies are imposed to protect the domestic market against the unfair penetration and competition from foreign goods. GATT requires member countries to reduce tariffs as well as other non-tariff trade barriers on goods in general and to impose trade remedies in accordance with statutory conditions and procedures in particular. The investigating … Read More

How Copyright Related Rights Are Regulated?

How Copyright Related Rights Are Regulated?

Copyright related rights (hereinafter referred to as related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmers. Related rights shall arise at the moment of the above subject matters are fixed or displayed without causing loss or damage to copyright. Principally, related … Read More

How Non-voting Depositary Receipt Work?

How Non-voting Depositary Receipt Work?

Decree No. 60/2015/ND-CP (Decree 60) amending and supplementing a number of articles of Decree No. 58/2012/ND-CP issued by the Government on May 26th, 2015 has lifted foreign ownership limit of the public enterprises (with conditions) and permitted enterprises operating in all sectors and areas without restriction on foreign ownership to self-set out limits of foreign … Read More

How Violations of Fundamental Principles Causes Annulment of Arbitral Awards in Vietnam?

How Violations of Fundamental Principles Causes Annulment of Arbitral Awards in Vietnam?

Arbitration award is final and binding upon the parties. The arbitral award takes effect from the date of its issuance and is not subject to appeal and protest which is a feature of dispute resolution through commercial arbitration. Therefore, the regulations on annulment of arbitral award should be carefully implemented to closely monitor these awards, … Read More

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