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. […]
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. […]
1. Legal Recognition of NDAs Non-disclosure agreements (NDAs) are widely accepted under Vietnamese law, though the term itself is not explicitly defined in legislation. Instead, NDAs are treated as civil contracts governed by the Civil Code 2015. Article 3 and Article 388 of the Civil Code affirm the freedom of contract principle, allowing parties to […]