Asia Legal

During the enterprise’s operation, there is often a part of employees that do not comply with the enterprise’s labor internal regulations rules. For the purpose of creating favorable conditions for employers in managing the labor source and maintaining stability in enterprise business activities, current labor legislation allows employers to issue labor internal regulations and apply sanctions to their employees for violations of regulations. This is one of the fundamental rights of the employer in the labor relation. However, the application of these rights must be within legal framework and in case it contravenes the legal framework, the application of discipline on employees will be considered illegal. Q: What labor disciplinary measures can enterprises apply as per the current law? A: According to the current law, labor discipline is the regulations on compliance in respect of time, technology, production, and business management promulgated by the employers in the labor internal r...

  On September 1, 2021, the Government published a draft amending and supplementing a number of articles Decree No.   31/2015/NĐ-CP  detailing several articles of the Law on employment regarding assessment and grant of certificates of national occupational skills was issued on March 24, 2015, and took effect from May 15 2016 (hereinafter referred to as “ Draft ”) for the purpose of enhancing the standardization and development of occupational skills of employees, promoting the development of skilled human resources, especially highly skilled human resources to help raise the level of Vietnamese labor skills, contributing to improve labor productivity and increase national competitiveness. This Draft focuses on the following amendments and supplements: Firstly, the Draft supplemented the definition and classification of certificates of national occupational skills. Accordingly, the definition of the certificates of national occupational skills as a certification that a wor...

In the process of foreign investors investing and doing business in Vietnam, Visa and Work permit are indispensable legal documents that play a key role in immigration and legally work in Vietnam for his/her business purposes. In this article, Asia Legal will provide some regulations and contents that foreign investors need to know about Visa and Work permit when investing and doing business in Vietnam.   I.               Visa   1.             Type of Visa   foreign investors investing in Vietnam through the form of establishment or capital contribution to companies operating in Vietnam are objects who eligible for a visa to do long-term business activities in Vietnam. According to Clause 7, Article 8 of the Law on entry, exit, transit, and residence of foreigners in Vietnam, foreign investors investing in Vietnam will be granted visas with...

One of the most concern for the foreign investors investing in other countries is the investment guarantee for their business. In order to ensure the foreign investors can safely invest in Vietnam, the laws of Vietnam have provided a number of guarantees for the foreign investors when they invest in Vietnam. Below are typical guarantees for the foreign investors when they invest in Vietnam 1.         1.  Guarantees for assest ownership [1] . Lawful assets of the foreign investors shall not be nationalized or confiscated by administrative measures. Except for being bought or requisitioned by the State for reasons of national defense, security, national interests, state of emergency, natural disaster management, the investors shall be reimbursed or compensated in accordance with the regulations of law. The price for buying will be determined in the most common price in the market with the same types and technical standards, quality, and origin at the time ...