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Đang hiển thị bài đăng từ Tháng 3, 2024

Employment lawyers in Vietnam

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The slowing of global and Vietnam economy emerged from global geographical tensions, uneven recovery from pandemic (Covid-19), disruption of supply chain, and inflation depresses business investment, hence leads to weaker employment demand, and contributes to increasing potential employment disputes. Companies whom face increasing cost encounter the needs to reduce workforce, cut salary, and avoid bonus to streamline operation. Employee impacted by inflation look out for informal jobs that lack social protection. Many of the issues could be foreseen and hence disputes could be avoided if there are adequate agreements in place with the advice of employment dispute lawyers in Vietnam based on laws and the balanced benefits approach to neutralize the conflicts. Our employment practice at ANT Lawyers helps clients with the following: Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts. Employment documents: drafting,

The Benefits of Mediation Services

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The process of integrating with market economy is developing strongly, which creates many opportunities for businesses to extend their operation and cooperate with international companies. As a result, dispute arising is inevitable. To coincide with benefits, especially information confidentiality under parties’ agreement, commercial mediation is one of the commercial alternative dispute resolution which is more and more popular. Commercial mediation is a dispute resolution negotiated by parties and the mediator is the third party as an intermediary to support parties to resolve dispute under the regulations of Decree 22/2017/ND-CP on February 24th, 2017. Following the regulations, commercial mediation can be negotiated by parties before, after or at any time of dispute resolution process. By Decree 22, commercial mediation is applied in cases of a dispute between parties with at least one party practicing commercial activities or another dispute under the laws can be resolved by the c

Dispute Resolution with the Help of Arbitration Lawyers in Vietnam

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Dispute Resolution Through Arbitration Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handling disputes requires the skills from litigation law firm with dispute lawyers in Vietnam whom bring in experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes. If the agreement between parties refer to arbitration as a method of dispute resolution, then it is suggested to engage arbitration lawyers in Vietnam for advice and representation. Litigation at court or dispute through arbitration In Vietnam, most of contracts refer to litigation at court as a method of dispute resolution. The overload of works the court might make dispute resolution taking over a long period of time, discouraging disputants to use litigation at court. Thing has changed over the last 10 years or so after the introduction of Law on Arbitration. In the current business environment, many lawyers have been introduced to arbitratio

Real Estate Dispute Law Firms in Vietnam Discuss Land Disputes

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What Procedures for Conciliation and Settlement of Land Dispute? Land disputes or real estate disputes or property disputes in Vietnam are among the most complicated disputes which arise regularly in daily life in Vietnam. Resolving these kinds of disputes might take time and the lawyers at real estate dispute law firms in Vietnam could help identify the root causes and propose suitable approach for conciliation and settlement. What types of land disputes in Vietnam? The disputes related to land, real estate and property are normally of high value and are very diverse which may be dispute over land use right, ownership of house attached to land use right, disputes over rights to land usage rights resulted from inheritance, disputes on division of property during divorce , disputes of transfer and transformation transaction, leasing, sub-leasing, mortgage relating to property or land use rights. What are land dispute resolutions in Vietnam? Land use right dispute means a dispute over

Best Practices for Drafting Commercial Contracts in Vietnam

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As an investor in Vietnam, one learns quickly that the one of the cornerstone of successful risk management for business operations is a well-drafted commercial contract. The robustness of commercial contracts often reflects the resilience of a business against the complexities of the Vietnamese market. Here are insights into drafting commercial contracts to safeguard interests and navigate risks. Drafting Commercial Contracts in the Vietnamese Market The art of drafting commercial contracts in Vietnam requires an in-depth understanding of the local legal environment. The Vietnamese market, burgeoning with opportunities, also comes with its share of risks. Every draft commercial contract should be seen as a shield, tailored to protect against these risks. The first step is ensuring that every draft commercial contract adheres to Vietnamese laws and customs. This is pivotal because a contract that overlooks local regulations is like a ship without an anchor—it won’t stand up to legal sc

Infrastructure Energy in Vietnam

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Vietnam’s energy sector is booming, attracting international investors and companies eager to participate in the country’s ambitious energy projects. Navigating the complex legal landscape of this dynamic industry requires expertise and a deep understanding of the local regulations. ANT Lawyers, an energy law firm in Vietnam , provide legal advice in energy law and is here to guide you through the intricacies of the sector. Our Expertise in Energy Law At ANT Lawyers, we recognize the critical role that energy plays in Vietnam’s development. Our team of experienced lawyers in Vietnam is dedicated to providing comprehensive legal services tailored to the needs of our clients in the energy sector. Project Compliance and Advisory We have a proven track record of advising multinational corporations such as Toshiba Corporation, Mitsui Engineering & Shipbuilding Co., IHI Corporation, and CTCI on compliance and regulatory matters related to energy projects in Vietnam. Whether it’s ensurin

Real Estate Dispute Lawyers in Vietnam Could Help with Property Disputes

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What Are Real Estate Issues During Transaction: How Real Estate Dispute Lawyers in Vietnam Could Help? The buyer and seller would neglect to use lawyers until real estate dispute lawyers in Vietnam are needed. The real estate market is always an attractive market with a large source of potential speculative profits for investors. Because real estate transaction is always high in value, and buying a property for most people is always a life time important decision, and many times with the financial support from the bank, therefore in developed country, real estate lawyers are always involved in all steps of the transaction to ensure the legitimate transfer of the property. When dispute arise, real estate dispute lawyers in Vietnam will then be referred to for advice and representation. Disputes arisen from deposit agreement, sales and purchase agreement in Vietnam In Vietnam, in reality, many real estate transitions are conducted by the buyer and sellers themselves without real est

Due Diligence of Real Estate Transactions: A Necessity in Purchasing Real Estate. 5 Reasons

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  In the ever-evolving landscape of real estate law, Vietnam has recently passed significant amendments that reshape the framework for real estate transactions within the country. These changes not only expand the opportunities for investors and property buyers but also introduce new regulations and conditions that demand rigorous compliance. This development underscores the critical importance of undertaking due diligence of real estate transactions, a process that involves thorough investigation and verification of all aspects of a property deal before finalization. This article delves into the key highlights of the amended Vietnam real estate law and explores why due diligence of real estate transactions is indispensable for navigating this complex legal terrain. Understanding the Amended Vietnam Real Estate Law The recently amended Vietnam real estate law effective from 2025 introduces several pivotal changes and additions that impact various facets of real estate transactions. Amo

Elevating Vietnam’s Healthcare System: The 2023 Law on Medical Examination and Treatment

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After thirteen years of implementation, the Law on Medical Examination and Treatment No. 40/2009/QH12, amended by Law No. 21/2017/QH14, has significantly enhanced Vietnam’s healthcare system. This legislation has created an essential legal framework that has improved state management in healthcare, elevated the quality of medical services, and introduced Vietnam to modern, world-class medical techniques. The law has also standardized healthcare activities by setting minimum requirements for professional certifications and operational licenses for healthcare facilities. However, the enactment of this law revealed certain practical issues and imperfections that lacked a legal solution. To materialize the policies of Vietnam, address existing shortcomings, and respond to newly emerged challenges with the aim of developing and improving healthcare services for the public, Vietnam passed the Law on Medical Examination and Treatment No. 15/2023/QH15 on January 9, 2023. This law, which will

Navigating Legal Frameworks for Online Business: Comment from E-Commerce Lawyers

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In the swiftly evolving landscape of online commerce, the legal intricacies surrounding e-commerce can often appear daunting to even the most experienced business owners. In Vietnam, e-commerce lawyers play a pivotal role in navigating the complexities of digital trade. Their expertise is crucial for ensuring that online transactions not only meet rigorous standards for transparency and authenticity but also adhere to the country’s stringent intellectual property laws. E-Commerce Potential in Vietnam? Vietnam’s e-commerce landscape has been growing at an unprecedented rate, riding the wave of increased digital connectivity and a burgeoning young population eager to embrace the convenience of online shopping. As one of Southeast Asia’s fastest-growing e-commerce markets, Vietnam presents a fertile ground for digital enterprises, bolstered by a tech-savvy consumer base and government initiatives that encourage digital economy. The potential for e-commerce business in Vietnam is vast, wi

Apply for Construction Operation Permits in Vietnam: Navigating the Legal Framework

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  In the realm of Vietnam’s construction industry, the importance of legal compliance cannot be overstated—especially when it concerns foreign contractors eager to capitalize on the burgeoning market. The linchpin of legality in this sector is the Construction Operation Permit. This document stands as a testament to the contractor’s adherence to Vietnamese laws and regulations, ensuring that their operations proceed without a hitch. To apply for construction operation permits is to navigate a legal labyrinth that, while complex, is structured to foster a secure, transparent, and efficient business environment. Applying for Construction Operation Permits Vietnam’s approach to regulating foreign contractors is systematic and governed by the Law on Construction and its decrees giving guidance. When contractors apply for construction operation permits, they are engaging with a system designed to uphold both local and international construction standards. The decree outlines the necessary c

When Should the Employer Send Notice of Termination of Labour Contract to Employee Before Contract Expiration?

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To ensure the compliance with law, it is suggested to seek advice from employment lawyers in Vietnam . The following is the initial guidance for consideration and reference. When employer can terminate labour contract? Expiration is one of the circumstances which permit termination of labor contract under the Labor Code. Accordingly, the employer must inform in writing to the employee of the terminating date of labor contract at least 15 days prior to the expiration. Termination of labor relationship in each circumstance must follow different conditions and procedures to ensure the interests and obligations of both employee and employer and avoid potential labor disputes. Previously, an administrative penalty was applied to violations of the labor contract termination notice mentioned above. If the employer fails to inform the employee, the employer will be subject to a warning or a fine with amount from VND 500,000 to VND 1,000,000. However, the Decree 28/2020/ND-CP issued on March 1

Guidelines on Labor Law in Vietnam: 9 Matters

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Navigating the intricacies of labor law in Vietnam is essential for both employers and employees to ensure a harmonious and productive workplace. The labor law in Vietnam encompasses a wide range of regulations and provisions designed to protect the rights and interests of workers while ensuring that employers can effectively manage their workforce. This article aims to provide a detailed overview of the key aspects of labor law in Vietnam, highlighting its significance in fostering fair labor practices and promoting a stable employment environment. The Framework of Labor Law in Vietnam The labor law in Vietnam is grounded in the Labor Code, which has undergone several amendments to adapt to the changing socio-economic landscape and international labor standards. The Labor Code outlines the rights, obligations, and responsibilities of employees and employers, covering various domains such as employment contracts, working hours, wages, labor discipline, and dispute resolution. Employmen