What are Requirement on Sending Notices in Arbitration Proceedings in Vietnam?

According to Article 12 of Vietnam Law on Commercial Arbitration, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, the mode and order of sending notices in arbitral proceedings for dispute are specified as follows: Each party’s written explanations, correspondence papers and other documents shall be sent to the arbitration center or arbitration council in sufficient copies so that...

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What are Rights and Obligations of the Obligee?

The rights and obligations of the obligee are as following: Rights of the obligee: a) Request the guarantor, the guarantee-confirmation issuing party to fulfill guarantee obligations; b) Request the guarantor, the guarantee-confirmation issuing party to fulfill obligations and liabilities agreed upon in the guarantee commitment; c) File a lawsuit in accordance with laws if the guarantor or the guarantee-confirmation issuing party...

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Labour matters in the EU-Vietnam Free Trade Area (EVFTA)

The International Labor Organization (ILO) is an international organization founded in 1919, after World War I and became the first specialized agency of the United Nations in 1946. The main purpose of the ILO is Promoting the rights of the employee in the workplace, promoting employment opportunities, enhancing social protection, and enhancing dialogue with people about work-related issues. Until now, the organization has 186 members worldwide...

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Cybersecurity law in Vietnam and data privacy issue

Vietnam’s cybersecurity law has been passed on 12/6/2018, will officially come into effect on Jan 1st, 2019. This new law attracts attention, and contributions from many people. From the state management’s perspective, Cybersecurity Law is to protect national security. From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, ecommerce websites...

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Trading Conditions on Medical Device in Viet Nam

Medical device includes device related to human health, therefore, the business of medical device in the conditional business line in accordance with the law of Vietnam. Medical device is defined as kinds of device, tools, materials for implanting activities, reagents and in vitro calibration solutions, software which are used separately or in association with each other according to the instruction of their owners for human use for the purpose...

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What are Responsibility for Wrongful Request of Arrest of Ship?

According to Article 131 of Vietnam Maritime Law, the wrongful request of arrest of ship in Vietnam shall be subject to financial obligations. In particular: The applicant for arrest of a ship must be held legally liable for his request. If the request for arrest of a ship is wrongful, which may lead to any loss, such applicant shall be responsible for compensating for any loss or damage possibly incurred. Any loss or damage that may be...

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Foreign Investment in Education Sector in Vietnam

Foreign cooperation and investment in education are not new to Vietnam. There has been a number of schools and education institutions such as BVIS, Hanoi Academy, International School in Hanoi, Japanese International School, Vietnam-Australia School. Since Aug 1st, 1018, the decree 86/2018/ND-CP on international cooperation and investment in education in Vietnam will be effective, replacing Decree 72/2012/ ND-CP. According to Decree 86/2018/ND-CP,...

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Steps in processing of the written request for analysis of imports and exports are available for use

On June 28, 2018, the Ministry of Finance issued the Decision No. 1921/QD-TCHQ on introduction of the processes for sorting commodities, and imposing tax rates on imports and exports. Steps in processing of the written request for analysis of imports and exports are prescribed as follows: After receipt of the written request for analysis, the inspecting officer verifies documents submitted to request analysis and searching on the MHS system...

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Streamlining gold jewelry business conditions

This is the noticeable content of the Decision No. 1417/QD-NHNN approving the plan to simplify business conditions under the authority of the State Bank of Vietnam. According to the Decision, the State Bank has approved the plan to abolish a number of licensing conditions for purchase and sale of gold jewelry or decorative gold, including 02 following conditions:  - The business must be established under law and have been granted...

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What Laws Will be Applied for Dispute Settlement by Arbitration in Vietnam?

Under Article 14 of Law on Commercial Arbitration, applicable laws for dispute settlement by arbitration in Vietnam will be Vietnamese if the case involve no foreign element. If dispute involving foreign invested enterprise, parties need to agree on language. If parties do not have such language agreement for arbitration, the arbitration council will decide. In particular: For a dispute involving no foreign element, the arbitration council...

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following: 1. Organizations and individuals that process personal information shall: a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information; b/ Use the collected personal information for purposes other than the...

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