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NEWS

What's Going On

LATEST DRAFT LABOUR CODE MORE IN LINE WITH INTERNATIONAL LAWS


The latest draft text to amend the Labour Code includes substantial changes to recognise the evolution of labour relationships under the impact of the Industrial Revolution 4.0. Important is also that the draft for the first time contains a definition of sexual harassment, which is already prohibited under the current Labour Code.

30 September
DECREE 27 ON THE USE OF INTERNET SERVICES AND ONLINE INFORMATION

Decree 27 on the use of internet services and online information intends to create an investment environment that will increase online activities ranging from online gaming, social networks and website creation. At the same time, it will regulate the management of social network sites.

13 August
DECREE 81 ON TRADE PROMOTIONS

Decree 81 provides guidance on the Commercial Law regarding trade promotion activities. It is expected to create a more efficient trade environment with simpler procedures and more detailed regulations on commercial promotions.

19 July
ENFORCEMENT OF NON-COMPETE CLAUSE

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.

18 July
DECREE 51 ALLOWS FOREIGN INVESTMENT IN COMMODITY EXCHANGE IN VIETNAM

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.

22 June
CIRCULAR 10 ON REQUIREMENTS FOR FITNESS AND GYM FACILITIES, AND TRAINERS

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

21 June
DECREE 40 AND CIRCULAR 10 ON MULTI-LEVEL MARKETING

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.

29 May
HOW WILL THE NEW PENAL CODE IMPACT YOUR BUSINESS?

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.

27 May
DRAFT DECREES AMENDING DECREE 5/2015 AND 95/2013 RELATED TO LABOUR CODE

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

24 May