Can an Employer Terminate an Employment Contract Based on an Employee’s “Poor Health” Following a Periodic Medical Examination?

I. Introduction In practice, some employers terminate employment contracts after receiving the results of a periodic medical examination indicating that an employee’s health condition is “unsatisfactory” or “not suitable” for the job. This raises an important legal question: does such a health assessment constitute a lawful ground for unilateral termination under Vietnamese labour law? The […]

Foreign Heirs of Land Use Rights in Vietnam: What Happens When a Land Use Right Certificate Cannot Be Issued?

As cross-border family relationships become increasingly common, it is not unusual for foreign nationals or overseas Vietnamese to inherit land use rights in Vietnam from relatives. However, inheriting land use rights does not necessarily mean that the heir may obtain a Land Use Right Certificate (“LURC”), commonly referred to as a “Red Book”. Under the […]

Copyright in Tattoos Under Vietnamese Law: Who Owns the Rights – the Tattoo Artist or the Tattooed Individual?

As tattoos continue to gain mainstream acceptance and commercial value, questions surrounding copyright ownership in tattoo designs have become increasingly relevant. While Vietnamese intellectual property laws do not specifically regulate tattoos, the issue raises an important legal question: who owns the copyright in a tattoo—the tattoo artist who created the design, or the individual who […]

Non-Compete Agreements in Vietnam: Legal Challenges and Alternative Strategies for Employee Retention

1. The Current Status of Non-Compete Agreements in Vietnam In recent years, many employers in Vietnam have sought to implement Non-Compete Agreements (“NCAs”) as a means of protecting trade secrets, technological know-how, customer relationships, and other valuable business interests. NCAs are also commonly used to mitigate the risk of talented employees joining competing businesses after […]

Inheritance and Transfer of Management Rights over Facebook, TikTok, and YouTube Accounts Upon the Account Holder’s Death

1. Legal Challenges in Inheriting Monetized Social Media Accounts Unlike traditional assets such as real estate, bank deposits, or shares in a company, social media accounts are typically administered by foreign technology platforms and governed by their respective terms of service. Accordingly, even where heirs are legally entitled to inherit assets under Vietnamese law, obtaining […]

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