Legal Considerations for Transferring Personal Data Abroad

The transfer of personal data outside of Vietnam involves strict legal procedures to ensure compliance with regulations and the protection of individual rights. This document outlines the essential legal considerations and requirements for organizations intending to transfer personal data internationally. 1. Transfer of Personal Data for Permissible Purposes Personal data may only be collected, processed, […]

Is the Architectural Design Drawing Protected by Copyright?

The intersection of architecture and copyright law raises important questions about the protection of creative works in the built environment. As architects and designers invest significant time, effort, and resources into their creations, understanding the legal frameworks that safeguard their intellectual property becomes essential. This discussion examines whether architectural design drawings are protected by copyright, […]

Back-to-Back Clauses in Contracts: Principles and Practice under Vietnamese Law

In complex commercial transactions, particularly those involving multiple tiers of contracts such as supply chains, subcontracting, or project development, the concept of back-to-back clauses plays a crucial role. These clauses aim to ensure consistency and alignment between the primary (master) contract and downstream contracts by transferring obligations, rights, or liabilities from one party to another […]

Valuation of Intellectual Property Assets in Vietnam: Legal Framework and Practical Challenges

In a modern economy increasingly shaped by innovation and intangible value, intellectual property (IP) has become a central asset of many businesses. In Vietnam, where economic modernization is accelerating alongside commitments to international trade agreements, the recognition of IP as a valuable business resource is growing. However, turning that recognition into economic leverage requires the […]

Non-Solicitation Clauses under Vietnamese Law: Scope, Enforceability, and Practical Use

In modern employment and commercial relationships, protecting legitimate business interests such as customer networks, confidential information, and human resources is essential. One of the mechanisms commonly used to prevent unfair competition is the non-solicitation clause, which restricts a party—usually an employee, former business partner, or agent—from enticing clients or employees away after the relationship ends. […]

On-Demand vs. Conditional Guarantees: Understanding the Legal Divide in Commercial Risk Allocation

In international commerce, construction, and financing transactions, guarantees play a critical role in managing risk and securing performance. Two commonly used forms are the on-demand guarantee and the conditional guarantee. While both serve to assure one party that the other will fulfill their obligations—or face financial consequences—their legal nature, enforceability, and risk allocation differ significantly. […]

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