NEWS

Recently the People’s Court has judged that an arbitral award related to a non-compete clause for an employee was correct. It is one of the first times in Vietnam in which the enforcement of a non-compete clause was upheld. Even though it is not a legally binding precedent, it is still an important judgement.

Decree 51 allows foreign investment in the establishment of a commodity exchange in Vietnam, and foreigners can now trade on the commodity exchange, or become a broker or trader. It will also make trading in commodities such as coffee and pepper easier for Vietnamese farmers.

Circular 10 sets out requirements for the facility of gym and fitness centres, and personal trainers.

There have been issues, such as unfairness towards the customers, failure to fulfil tax obligations, and the sale of low-quality products, with MLM companies in Vietnam. Decree 40 intends to address these issues and provide a better legal framework for companies using MLM as well as create transparency.

Marieke van der Pijl, Business Development Manager at ACSV Legal, highlighted some of the impacts the new Penal Code can have on businesses and legal representatives on 19 June 2018 at a breakfast seminar of the Dutch Business Association Vietnam.

The 2 Draft Decrees provide changes on calculation of the severance allowance, disciplinary proceedings, disciplinary measures, and higher fines in case of administrative violations.

Vietnam has been chosen to be the most-attractive destination for Private Equity investment among other economies in Southeast Asia. What are the expectations and challenges faced by Private Equity investors in 2018? In June 2018 Ms Nhung (Grant Thornton) presented highlights of the PE Survey 2018 and Mark Oakley, Managing Partner of ACSV Legal, talked about issues related to structuring a PE deal in Vietnam.

Marieke van der Pijl, Business Development Manager of ACSV Legal, and Matthew Lourey, Managing Director of Domicile Corporate Services, gave presentations on 'How to be compliant as a business' at the BBGV Breakfast Seminar on 8 May 2018. Presentations were followed by a panel discussion with Mark Oakley, Managing Partner of ACSV Legal and Colin Blackwell, owner of Enablecode.

On 8 March 2018, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This agreement is largely the same as the Trans-Pacific Partnership (TPP).

Circular 16 entered into force early 2018 and will further align Vietnam with international Intellectual Property norms. It amends and supplements 49 out of 67 points of Circular 01. Circular 16 contains application rules, examination procedures, deadlines, and provides information on changes related to trademarks, patents and industrial designs.

1 January 2018 was an important date for Vietnam and ASEAN: 7 free trade agreements and economic partnerships came into force between Vietnam and Korea, the Eurasian Economic Union, Chile, and Japan; and between ASEAN and China, Korea, Australia/New-Zealand, India, and Japan, and the ASEAN Trade in Goods Agreement (ATIGA) was implemented.

The amended Law on Technology Transfer No. 07/2017/QH14 will come into effect on 1 July 2018. The main aim is to improve the technology transfer framework and develop a strong science and technology market in Vietnam while eliminating technologies that may adversely influence development.