Navigating Employment Disputes in Vietnam

 In Vietnam's evolving economy, businesses face growing challenges like market contractions and global tensions, often leading to workforce reductions and terminations. These actions can profoundly impact employees, especially expatriates, creating emotional, financial, and legal challenges.

 

Vietnam's Labor Code governs contract termination scenarios, such as mutual agreements, contract expiry, task completion, structural changes, or economic difficulties. However, disputes often arise over severance pay, notice periods, or termination grounds, escalating into legal conflicts.

Employment dispute law firms in Vietnam play a critical role in navigating labor-related disputes. They help employers manage workforce changes legally and minimize risks like unfair dismissal claims. Their expertise ensures compliance with labor laws during terminations.

For employees, especially expatriates unfamiliar with local labor laws, Vietnam employment dispute law firms provide essential advocacy, safeguarding their rights to severance, relocation support, and fair treatment.

The rising need for legal guidance reflects Vietnam's dynamic labor market, emphasizing the importance of professional support to address the complexities of employment disputes effectively.

Law firms in Vietnam that specialize in employment dispute resolution are essential in managing these cases, ensuring adherence to the law and equitable resolutions. Engaging trusted legal experts early helps employers and employees address disputes effectively, fostering confidence and integrity in the process.

Learn more: 7 Essential Insights from Employment Dispute Law Firms in Vietnam: Navigating the Challenges of Contract Termination

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Real Estate and Construction in Vietnam

Real Estate and Construction in Vietnam

We handle a wide range of complex transactions for nearly every type of product thanks to our extensive experience in the real estate industry. Our cost-effective teams and understanding of real estate industry fundamentals set us apart from other law firms.

In the negotiation and acquisition of residential apartments, houses, and tenant leases for office, industrial, retail, and other commercial space, our real estate dispute lawyers in Vietnam represent landlords, tenants, investors, and real estate buyers.

We have particular expertise in negotiating and structuring engineering, procurement, and construction (EPC) contracts for construction projects. In order to structure and negotiate EPC arrangements that satisfy the competing requirements of owners, contractors, lenders, and other project participants, our real estate dispute lawyers in Vietnam collaborate closely with our clients. Our attorneys are prepared to expect issues and perceive open doors in the venture advancement setting.

We are able to provide better solutions because we have a thorough understanding of the industries we serve.

ANT Lawyers, a law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

Let ANT Lawyers help your business in Vietnam.

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How to Close a Business in Vietnam?

How to Close a Business in Vietnam?

All corporations, companies, partnerships, branch offices, representative offices and other business entities are legal entities in Vietnam which can only be dissolved through formal procedures.

I. What are the major challenges with closing a business in Vietnam?

The main thing to remember throughout the process is that the dissolving company, a branch office or a representative office, one  should pay close attention to the involvement of all key stakeholders, i.e. the employees, customers, creditors, business partners and relevant authorities.

The following are key information to gather for thorough analysis

-Company size in terms of capital and number of employees?

-Enterprise’s business sector?

-Tax invoice usage declaration?

-Annual profit?

-Compliance with tax procedures?

-Administrative violations in the field of taxation?

-Any outstanding tax?

-Tax document filing records?

-Other tax matters?

II. What does the dissolution process involve?

Once an analysis has been through, the next procedures mostly deal with reporting and submitting the relevant documents to the various regulatories and tax authorities at each step of the process, terminating contracts, liquidating assets and settling liabilities, and general administrative work such as returning the corporate seal, registration certificates, and having the company’s name removed from the system of the license authorities.

III) How to prepare document to close a business in Vietnam?

1. Documents submitted to the licensing authority in Vietnam

-Liquidation notice of enterprise;

-Minutes of the meeting of Management Board/ Board of Directors decided on the dissolution of enterprises;

-The company’s decision on liquidation;

-Report on enterprise asset liquidation;

-The list of creditors and the paid debt;

-Documents evidencing that enterprise has fulfilled all of its tax;

-Confirmation on social insurance for employees after the dissolution decision;

-The seal and certificate of seal sample registration.

2. Documents submitted to the tax authority in Vietnam

-Liquidation notice of enterprise;

-Minutes of the meeting of Management Board/ Board of Directors decided on the dissolution of enterprises;

-The company’s decision on dissolution;

-Audit reports and tax settlements;

-The financial statements for the year to date the decision on dissolution;

-The company’s tax liabilities audited by tax authority;

-Verification of tax obligations of the enterprise. 

Closing a business in Vietnam might be a lengthy process and more complicated than setting up a company in Vietnam. Sometimes, it is important to make a decision to exit and start a new venture.  As a law firm in Vietnam, we do assist clients to close the business, exit the investment and deal with pending issues with licensing authorities including department of planning and investment, department of labour, tax bureau and others.

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Marriage and Family Dispute Law Firm in Vietnam

Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family dispute lawyers in Vietnam could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:  

 

 Marriage and Family Dispute Law Firm in Vietnam

-Consulting the general provisions of the Law on Marriage and Family in Vietnam;

-Reviewing and drafting prenuptial agreement;

-Advising on marriage with foreigners; 

-Advising on divorce involving foreigners;

-Consulting on division of property, children in divorce;

-Consulting on lawsuit to protect interests;

-Lawyers representing and protecting the clients at competent authorities;

-Consulting on child adoption procedures.

ANT Lawyers - a Marriage and Family Dispute Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

 

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Requirement on Sending Notices in Arbitration Proceedings in Vietnam

 

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

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires litigation law firm with dispute lawyers in Vietnam having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes.

 

Arbitration Lawyers 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 every member of the arbitration council and the other party has one copy, and one copy is filed at the arbitration center;

Notices and documents to be sent by the arbitration center or arbitration council to the parties shall be sent to the addresses or to their representatives at the correct addresses notified by the parties;

Notices and documents may be sent by the arbitration center or arbitration council directly, in registered or ordinary mails, by fax. telex, telegram, email, or other modes which acknowledge such sending;

Notices and documents sent by the arbitration center or arbitration council will be regarded as having been received on the date the parties or their representatives receive them or if such notices and documents have been sent to addresses or to their representatives at correct address notified by the parties;

The time limit for receiving notices and documents shall be counted from the date following the date such notices and documents are regarded as having been received. If the following date falls on a holiday or day off under regulations of the country or territory in which the notices and documents have been received. This time limit shall be counted from the subsequent first working day. If the last day of this time limit falls on a holiday or day off under regulations of such country or territory, the time of expiration is the end of the subsequent first working day.

Arbitration lawyers in Vietnam at ANT Lawyers - a Law firm in Vietnam with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients throughout the process. The arbitration lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

 

 

 

 

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Vietnam Up-holds the Application of Anti-dumping Measures on Flat-rolled, Painted Alloy Steel from the South Korea and China

On April 20^th, 2021 the Ministry of Industry and Trade issued Decision No. 1283/QD-BCT on the results of the first review of the application of anti- dumping measures of some alloy steel products or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

 

Anti-dumping measures applicable to alloy or non-alloy steel products that are flat-rolled or painted were not requested to be reviewed periodically by any parties On May 5^th, 2022, the Ministry of Industry and Trade issued Decision No. 843/QD-BCT on remaining s or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

Within 60 days before the end of one year from the date of this decision, the relevant parties could request for review again.  This decision takes effect on May 5^th, 2022.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our international trade lawyers, countervailing duty lawyers and antitrust lawyers in Vietnam at ANT Lawyers - A Anti-dumping law firm in Vietnam  could be of help.

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Regulations on Investment in Telecommunications Services in Vietnam

The field of telecommunications has appeared in Vietnam for more than 30 years and has helped the business environment and social life of Vietnam to develop. The process of liberalizing the telecommunications sector in Vietnam has led to the expansion of the telecommunications network and has become an attractive field for investors to set up company in telecom service, internet service, or join with Vietnamese partner on business cooperation contract in the same fields.

 

Telecommunication Lawyers in Vietnam

Currently, telecommunications services are not just telephones and telex, but variy with many types from simple to complex such as audio, video, data transmission services,… Besides the conveniences brought in life, telecommunications services have really become one of the important infrastructures of the economy. However, Vietnam government also impose certain requirements on foreign investors entering Vietnam in this sector.

Specifically, at present, foreign investors can only participate in investments in the form of joint ventures or business cooperation contracts with Vietnamese enterprises to provide telecommunications services. However, for the provision of services with network infrastructure, the partner in which the investor joins the joint venture must be a licensed telecommunications service provider in Vietnam. In addition, foreign investors are also limited on the percentage of charter capital in joint ventures. Accordingly, for services without network infrastructure, foreign investors own not more than 65% of charter capital and for services with network infrastructure, foreign investors do not own more than 49% legal capital of the joint venture.

On the other hand, foreign investors participating in business cooperation contracts will be able to sign a new agreement or switch to another form of presence with conditions no less favorable than those they are currently receiving. Furthermore, an organization or individual that already owns more than 20% of the charter capital or shares in a telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise doing business in the same company a market for telecommunications services.

Therefore, if the investor meets the above conditions, the investor will carry out the procedures for establishing an economic organization. Like other foreign-invested organizations, the establishment will go through two stages: investment registration and business establishment. For foreign investment projects in the business of telecommunications services, it is necessary to receive the investment approval of the Prime Minister. Accordingly, the investor submits the application for approval of the investment policy of the investment project to the investment registration agency and within 03 working days from the date of receipt of the complete dossier, the investment registration agency submit the application for appraisal opinions of the Ministry of Information and Communications. Within 15 days from the date of receipt of the dossier, the Ministry of Information and Communications shall give its appraisal opinions on the extent under its state management and send it to the Ministry of Planning and Investment. Within 40 days from the day on which the application is received, the investment registration agency shall organize the appraisal of the dossier and make an appraisal report and submit it to the Prime Minister for approval of the investment policy. After receiving the approval of the investment policy, the investor proceeds to establish the business as domestic entities.

The telecommunication services are subject to strong regulations hence the conditions for foreign investors to invest and set up company in telecommunication services or take part in providing telecommunication services are also relatively complicated. Therefore, investors are suggested to undertake research on telecommunication regulatory specific to their business with the help of telecommunication services lawyers in Vietnam to make the investment effectively.

Professionals at ANT Lawyers work on many a variety of telecommunications, media and technology transactions and cases. Our attorney’s industry knowledge and expertise allow us to effectively support the information technology sector. We could deliver the experience and expertise needed to handle issues in both private practice and in corporate and regulatory bodies.

You could learn more about ANT Lawyers TMT Practice or contact our TMT lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529.

 

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