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AMENDMENTS TO DECREE 152 ON REQUIREMENTS TO HIRE FOREIGN EMPLOYEES

Obtaining a work permit or a work permit exemption certification in Vietnam is often a concern for foreigners. Decree 152 caused some issues, especially with regard to the requirement to have a degree matching the job. This is no longer required. There is a new requirement to post the vacancy before starting the recruitment.

27 Sep 2023

LABOUR LAW RELATED CHANGES
As of 1 October 2017 a work-permit can be requested on-line and as of 1 January 2018 foreigners are obliged to participate in the social insurance scheme and the amount on which the contribution is based changes, as more will fall under salary.

29 Nov 2017

CIRCULAR 27 ON SELF CERTIFICATION OF GOODS ORIGIN IN AEC
Circular 27 on self-certification of certificate of origin no longer contains the requirement of total export turnover of at least USD10 million in the preceding year to ASEAN member states. This allows SMEs, and larger companies as well, to increase export to ASEAN countries and take advantage of preferential tariff treatment of the ASEAN Trade in Goods Agreement (ATIGA).

11 Dec 2017

DECREE 9 ON TRADING (EXPORT/IMPORT) AND DISTRIBUTION FDI COMPANIES
Decree 9 gives information on business license requirements, issuance term, administrative procedures and relevant authorities. Requirements for foreign owned enterprises (FOE) to obtain a business licence are reduced, the retail sector is opened up and the same requirements apply to companies from non-WTO countries. The economic needs test (ENT) remains and new requirements are introduced.

10 Jan 2018

DECREE 8 ON ABOLISHMENT OF INVESTMENT CONDITIONS
Decree 8 sets out a wide range of amendments of investment conditions imposed on enterprises in various trade areas such as food production and trading, oil and gas, tobacco, electricity, and franchising. Its main objective is to reduce administrative procedures and easing doing business. The expected abolishment of the registration requirement for franchises did not materialise.

16 Jan 2018

DECREE 14 ON CROSS BORDER TRADE
Decree 14 provides details on cross-border trade activities with neighbouring countries China, Laos, and Cambodia. It contains specific provisions on trade activities in border areas and the purchase, sale and exchange of goods among border inhabitants.

NEW CYBERSECURITY LAW EXPECTED TO IMPACT FDI
The new Cybersecurity Law is expected to impact FDI as it requires investors to open a branch or representative office when active in sectors covered by the law. Companies have to comply with the requirements by 1 January 2019.

08 Nov 2018

DECREE 108 SIMPLIFIES BUSINESS REGISTRATION
Decree 108 will simplify the business registration procedures and reduce costs. Notable changes are related to registration and notification requirements; and the prohibition of setting up another business location is removed.

05 Sep 2018

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 2018

DECREE 22 ON IPR
Decree 22 provides additional information on collection and distribution of royalties, protection invalidation of copyright and related rights, and the timeline related to the copyright registration certificate.

25 Sep 2018

DECREE 82 ON NEW CONCEPTS OF INDUSTRIAL PARKS AND THEIR INCENTIVES
Vietnam is working towards supporting different kinds of industries by introducing new concepts of industrial zones with incentives. Decree 82 introduces the new concepts, such as the auxiliary industrial zone, or supporting industry zone, and the eco-industrial zone. Incentives are also set out for manufacturers of supporting industries' products and eco-enterprises.

05 Sep 2018

COMPETITION LAW WILL IMPACT M&A ACTIVITIES AND OFFSHORE COMPANIES
The new Competition Law is expected to have an impact on mergers, consolidations, acquisitions, joint ventures between offshore parties. It will also apply to foreign companies, with or without a presence or subsidiary in Vietnam.

30 Aug 2018

DECREE 74 ON PRODUCTS QUALITY INSPECTION
The Law on Product and Goods Quality sets out requirements products must meet before they can put on the Vietnamese market. Most notable changes in Decree 74 are the possibility to self-assess product conformity and that several products such as samples and luggage when arriving at Tan Son Nhat international airport, are exempted of inspection.

28 Aug 2018

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