Legal Enforceability and the Conflict between “Right to Work” vs. “Freedom of Contract” In the context of an increasingly competitive labor market, Non-Compete Agreements (NCAs) have become a standard instrument for corporations to protect their trade secrets and market position. However, the enforceability of such agreements within the Vietnamese jurisdiction remains a contentious legal issue, […]
Practical Impacts on Major FDI Enterprises in Vietnam and Alternative Investment Support Policies From January 1, 2024, Vietnam officially implemented the Global Minimum Tax (GMT) framework pursuant to Resolution No. 107/2023/QH15. This represents a fundamental shift in the country’s Foreign Direct Investment (FDI) attraction strategy, effectively ending the era of tax-incentive-based competition. The following analysis […]
(Contract Negotiation and Financial Obligations Phase) Having mastered the market entry procedures, the enterprise enters the pivotal phase: Negotiating the Franchise Agreement and managing cash flow. This lesson analyzes the three legal pillars that directly affect the rights and financial health of the business: Information Transparency, IP Assets, and Foreign Contractor Tax. 1. The “15-Day” […]
(For Franchising from Abroad into Vietnam) To successfully introduce an international brand into Vietnam, an enterprise must master the current rules. This article systemizes the updated legal regulations, specifically highlighting the changes between old and new documents to prevent errors during the dossier preparation process. 1. Current Legal Document System (Updated 2025) Currently, Decree 35/2006/ND-CP […]
1. Introduction Foreign borrowing is a vital channel for Foreign-Invested Enterprises (FIEs) in Vietnam to finance operations, project expansion, and machinery imports. However, cross-border capital flows are strictly regulated under Vietnam’s foreign exchange management regime. Strict compliance with registration and reporting requirements is mandatory. Failure to register medium and long-term loans with the State Bank […]
Introduction E-commerce has become one of Vietnam’s fastest-growing sectors, attracting significant foreign investment. However, foreign-invested enterprises (FIEs) engaging in online business must navigate a complex licensing regime. Compliance with the Law on E-Transactions 2005 (amended 2023), the Law on Investment 2020, the Law on Cybersecurity 2018, and decrees such as Decree No. 52/2013/ND-CP on E-Commerce […]