Exclusive rights to distribute particular products in Viet Nam will be addressed in a new decree being drafted by the Ministry of Trade.

The draft Decree on Trading Enterprises promises to be the first of several regulations addressing the concerns of foreign-invested enterprises seeking guarantee of distribution rights in Viet Nam.

For the last several years, dismissal of employees has been the subject matter of most labour court cases in Viet Nam. In many cases, employees won the case because the usual assumptions of foreign investors are different from the way Vietnamese employment law operates. Recently, Official Letter 1593 of the Ministry of Labour, Invalids and Social Affairs (MoLISA), dated 27 May 2005, has confirmed one strict interpretation of the Labour Code. This article discusses some issues that employers should be aware of to avoid being hauled to court.

The National Assembly passed the unified Enterprise Law and the common Investment Law in November. They will replace the existing Enterprise Law and Foreign Investment Law on July 1, 2006. As it is with much of Vietnamese law, it is difficult to clearly interpret the law and fully predict the impact without implementing decrees.

The amended Commercial Law and the amended Civil Code have recently been approved by the National Assembly of Vietnam and they will take effect from 1 January 2006. Set forth below are the highlights of those amendments. Clearer legal relationship: Currently, the laws of Vietnam are very confusing with the provisions in Civil Code, the Commercial Law and the Ordinance on Economic Contracts overlapping and contradicting each other.

The sixteenth Draft Investment Law currently in the works is part of Viet Nam's efforts to follow international investment practices as it looks to further integrate into the global market. While this effort indicates Viet Nam's seriousness regarding trade and joining bodies like the WTO, the draft has faults that alarm foreign investors.

On November 29, 2005 the National Assembly passed the unified Enterprise Law (UEL) and the common Investment Law (CIL), which will take the place of the current Enterprise Law (EL) and Foreign Investment Law (FIL) on July 1, 2006. The CIL regulates access and entrance to the market through licensing and registration requirements, and conditional sectors of the market. The UEL regulates matters of corporate governance for both domestic and foreign enterprises, granting a more level playing field than is found under the current investment regime.

On November 29, 2005 the National Assembly passed the unified Enterprise Law (UEL) and the common Investment Law (CIL), which will take the place of the current Enterprise Law (EL) and Foreign Investment Law (FIL) on July 1, 2006.

Singapore, 27 May 2011 – VILAF won the Vietnam Deal Firm of the Year 2011 Award at the Asia Legal Business Law Awards held in Singapore on 27 May 2011. 

Last month, VILAF also won the Chambers Asia Pacific Award 2011 for the Vietnam jurisdiction.

Legal500 has consistently listed VILAF on the 1st tier for all major areas of practice, especially Finance, Capital Markets, Corporate and M&A, Projects and Energy and Real Property.

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