New PPP laws in Vietnam:moving closer towards bankable projects?

Overview on Public – Private Partnership (“PPP”) Laws in Vietnam

Vietnam’s infrastructure development has struggled to keep up with continued economic and population growth. According to the statistics, Vietnam needs about US$170 billion for infrastructure investment in the period from 2011 to 2020 while the State budget is constrained, capital sources from state budget and official development assistance (“ODA”) are estimated to meet only a half of the identified requirements.

In this situation, PPP is the most appropriate mechanism for Vietnam. In practice, other countries have successfully implemented partnership between the public and private sector. Put it simply, the idea is that the public sector has the ‘users’ (or customers) and land and can provide other incentives, such as tax breaks while the private sector can bring in technology, capital, and efficiency through experience.

Regulatory framework on food safety testing

i.          General regulatory framework on food safety

The Law on the Quality of Products and Goods No. 05/2007/QH12 dated 21 November 2007 (“QPG Law”) and Law on Food Safety 55/2010/QH12 dated 17 June 2010 (“FS Law”), together with their guiding regulations, are the legal documents primarily regulating food safety matters in Vietnam.

The QPG Law (effective as of 1 July 2008) regulates the responsibilities of manufacturers/ traders for the quality of their products and provides for the Ministry of Science and Technology’s overall responsibility for State management of the quality of goods, including foods. The FS Law (effective as of 1 July 2011), specifies the responsibilities to the Ministry of Health (MOH), Ministry of Agriculture and Rural Development (MARD) and Ministry of Industry and Trade (MOIT) for the safety of food; and describes the rights and obligations of organizations and individuals in respect of food safety, conditions to ensure food safety and doing business in food, advertising, labeling food etc.

Disaster of Domestic Arbitration Verdict Annulment in Vietnam – How to avoid?

Enforcement Of Domestic Arbitral Awards In Vietnam

Recently, the media of Vietnam paid much attention to Vinalines case, the largest shipping corporation in Vietnam who lost an arbitration case brought to the Vietnam International Arbitration Center (VIAC). However, Vinalines then asked the court in Hanoi, Vietnam for annulment of VIAC’s verdict. Under the VIAC verdict, Vinalines has to pay VND 62.5bn to the South Korean SK E&C to compensate for its’ breach of a harbor construction contract with SK E&C at Van Phong transit port, Khanh Hoa province. Vinalines did accept this verdict but later on submitted a request to the Hanoi People’s Court for this verdict’s annulment. Meanwhile Vinalines also asked for the intervention and support of the relevant ministries.

How does the appeal process work in Vietnam?

Under the Penal Proceeding Code of Vietnam, the appeal process will be applied when the first-instance judgments or decisions in such cases are appealed or protested against before they become legally valid.

Under the applicable regulations, the entitled persons, e.g. defendants, victims and their lawful representatives, civil plaintiffs, civil defendants and their lawful representatives, etc… will be entitled to appeal while the procuracy bodies shall have the right to protest against first-instance judgments or decisions.

In case of appeal or protest, the appellants or protestants must send their written appeals to the courts within fifteen days after the date of pronouncement of judgments and the competent court of appeal must open appellate court sessions within sixty days for provincial-level court; within ninety days for Supreme People’s Court after receiving the case files. The appellants must send their written appeals to the courts within fifteen days after the date of pronouncement of judgments. The late appeals may be accepted if plausible reasons can be given that are reviewed and decided by the trial panel of the court of appeal.

Tiền lương đóng bảo hiểm xã hội là bao nhiêu?

Thực tiễn hiện tại là nhiều các doanh nghiệp, đặc biệt là doanh nghiệp sản xuất tại các khu công nghiệp lựa chọn mức đóng Bảo hiểm xã hội cho người lao động bằng mức lương tối thiểu, và thấp hơn tổng tiền lương thực trả hàng tháng. Tuy nhiên nhiều ý kiến cho rằng mức lương đóng Bảo hiểm xã hội phải là mức lương thực trả hàng tháng. Vậy nên hiểu mức lương đóng bảo hiểm theo quy định pháp luật hiện nay là như thế nào?

Regulations on holding a suspicious in Vietnam

I.              Cases of the suspicious person being held

Under the Penal Proceeding Code of Vietnam, the suspicious person may being held under the mode of custody or temporary detention with a certain timeframe depend on each case.

A person who is arrested in urgent cases, offenders caught red-handed, offenders who confessed or surrendered themselves or persons arrested under pursuit warrants, may be applied for custody. Applied for custody means that person will be held for a temporary period when the competent authority opine that it is necessary to apply for the custody, e.g. the custody will support for the investigation or may prevent the suspicious person from continuing to perform the crime or escaping, etc… In other cases, the suspicious person may be allowed to leave, normally after completing the minutes with the competent authority.

Practising Law in Vietnam

A lawyer in Vietnam is entitled to select either of the following forms of legal practice:

1.            Practice in a legal practising organization, implemented by establishing or participating in the establishment of a legal practising organizations; [or] by working pursuant to a labor contract for a legal practising organization.

2.            Practice as an individual meant the lawyer works pursuant to a labor contract for a body or organization not being a legal practising organization.

The legal practising organizations shall comprise (i) Lawyer’s offices and (ii) Law companies

New laws help harness capital inflows

Vietnam Investment Review - New laws help harness capital inflows

On November 26, 2014, the National Assembly passed the new Law on Investment and Law on Enterprises. Both changes were initiated to spur additional foreign investment interest that should commence after the signing of the Free Trade Agreement with the European Union and the Trans-Pacific Partnership (TPP).

Chairman of the Vietnam Chamber of Commerce and Industry Dr. Vu Tien Loc, in a recent conference on the subject of foreign investment in Hanoi, indicated that foreign investment was responsible for creating between 21 per cent and 30 per cent of the social development in the country as well as contributing close to 20 per cent of the gross domestic product of Vietnam. There is no question that foreign investment is of vital importance to the continued growth and prosperity of Vietnam.

Environment protection of small businesses in Vietnam

The obligations on environment protection in respect to the individual, small business, e.g. bar, restaurant business are generally regulated under a number of legal documents, e.g. the Law on Environment protection No. 52/2005/QH11 dated November 29^th 2005, Decree No. 29/2011/ND-CP dated April 18^th 2011 regulating on strategic environment assessment report, environmental impact assessment reports, commitment to environmental protection; Decree No. 117/2009/ND-CP dated December 31^st 2009 on dealing with violation in the field of environment protection (Decree No. 117/2009/ND-CP).

Under the applicable laws on environment protection (Article No. 24 of Law on Environment Protection), the household scaled production, business and service units and objects that are not fallen into the categories required for preparation of Strategic Environment Assessment Reports and Environmental Impact Assessment Reports shall be subject to the commitment to environmental protection made in written form.

Can the foreigner be subject to free legal aid in Vietnam?

Under the Law on Legal Aid of Vietnam the persons entitled to legal aid are: (i) Poor people; (ii) People with meritorious services to the revolution; (iii) Lonely elderly people, disabled people and helpless children and (iv) Ethnic minority people permanently residing in areas with exceptionally difficult socio-economic conditions.

At present, the Law on Legal Aid is silent on the availability of the free legal aid to foreign nationals. However, this Law states that when a treaty to which Vietnam is a contracting party contains any provisions different from those of this Law, the provisions of that treaty shall apply. Therefore, this will depend on whether Vietnam and the country where the foreigner has citizenship have signed any legal aid treaty on criminal matters or not.

Opening a bank account of the foreigners in Vietnam

The requirements on opening a foreigner's bank account is set out by the bank and each bank has its' own requirement and limitation (stricter and less strict depending on each bank). The banks in Vietnam generally require for a Work Permit or Residence Card in respect to the foreigner's bank account. The Citibank requires with a Work Permit or Residence Card without any exemption. While in ANZ, the citizen of England, Austrialia, New Zealand will be required only for passport. Standards Chartered will base on the term of foreigner's residence in Vietnam at the time of opening bank account (whether the foreigner has been in Vietnam for more than or less than 06 weeks) to ask for the certificate of residence registration issued by the local police authority of Vietnam. HSBC requires the US citizen for filling the form W9 and providing with a copy of car license or ID card with the purpose of proving the residence address

Work permits dominate dialogue

SaiGon Times Daily- Work permits dominate dialogue

HCMC – Work permits for foreign employees among other pressing issues took center stage at a dialogue in HCMC on December 4 between enterprises and the Ministry of Labor, Invalids and Social Affairs.

At the dialogue held by the HCMC Investment and Trade Promotion Center (ITPC) and Nhan Viet Management Group (NVM Group), lawyer Miki Yasufumi at Vietnam International Law Firm (VILAF) asked why the validity of work permits for foreign workers is reduced to two years from three while their labor contracts can last three years.

Responsibility for Trade Union establishment in Vietnam

I.       Responsibility for Trade Union establishment

Firstly, under the Article 189.2 of Labor Code 2012, the directly superior level trade union above a grassroots trade union has the right and obligation to persuade employees to join trade union, and to establish a grassroots trade union in their enterprise, agency or organization; and has the right to require the employers and the local state administrative authority for labor to facilitate and assist the establishment of grassroots trade union.

The employer does not have the responsibility for directly establishing the grassroots trade union. The employer only has the obligation to facilitate the establishment and operation of grassroots trade union.

Regulations on child adoption in Vietnam

Following Vietnam's ratification on November 1, 2011, Vietnam became the full member of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption and this Hague Convention was entered into force in Vietnam on February 1, 2012. The laws of Vietnam do not prohibit the foreigner from child adoption, so it is possible for a foreigner to adopt a child in Vietnam provided that he/she is qualified for the adoption requirements. However, the foreigner may face with the lengthy and complicated administrative procedures for being permitted to adopt a child.

It is important to note the principles under the Law on Adoption of Vietnam that the foreigners must be permanently reside in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child and the adoption by a person living abroad is allowed only when no domestic substitute family can be found.

Management, provision, and use of internet service and online information in Vietnam

Management, provision, and use of internet service and online information in Vietnam are basically regulated by among other legal documents, Decree No. 72/2013/ND-CP on management, provision, and use of internet service and online information issued by the Government on 15 July 2013 (“Decree 72”).

Below are the summary of some main content in Decree 72:

Firstly, Decree 72 provides detailed regulations on online game business which are viewed to loosen the obstacles in online game business during last few years. Decree 72 classifies the video games into 04 different methods of service provision (i.e. Video games that have interaction among multiple players via the game server; Video games that only have interaction between the players and the game server; Video games that have interaction among multiple players without interaction between players and the game server; Video games that are downloaded from the Internet without the interaction among players and between players and the game server) and provides the requirement for establishment of online gaming service center.

How to apply for criminal record in Vietnam?

Under the current laws on criminal records, a foreigner who has been living in Vietnam for more than 06 months may apply for the criminal records at the local Department of Justice where he/she lives.

The applicant must fill the standard forms and provide the copy of passport, visa and residence card (residence book or temporary residence certificate issued by the ward-level police authority where the applicant is living). The applicant must directly show the original document if the application dossier is not notarized.

Can a state official sign a labor contract with the private entity in Vietnam?

In order to answer this question, it is important to clarify for what purpose and which position he/she signs labor contract with the private entities. Moreover, it also needs to check whether that state official is a civil servant or a public employee since the law of Vietnam classifies those 02 terms:

Under the Law on Cadres and Civil Servant No. 22/2008/QH12: Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial and district levels; in People’s Army agencies and units, other than officers, professional military personnel and defense workers; in People’s Police offices and units other than officers and professional non-commissioned officers, and in the leading and managerial apparatuses of public non-business units of the Communist Party of Vietnam, the State and socio-political organizations (below collectively referred to as public non-business units), included in the payrolls and salaried from the state budget; for civil servants in the leading and managerial apparatuses of public non-business units, they are salaried from the salary funds of these units according to law.

Database collection and requirement on local server maintaining in Vietnam

The law of Vietnam respects and protects the right to privacy so the collection, use and publication of information and data from the users of internet services must have the consent of such users.

In general, the web search portal service providers like foreign investor have their Term of Use and Privacy Policy which publish the scope of data collection and use, the methods of data protection and the responsibility of the service provider. Any user must accept those Term of Use and Privacy Policy before using the service. The Term of Use and Privacy Policy are the binding agreements between the service provider and the user.

Establishment of the association of foreign businesses in Vietnam

Under the Decree No. 08/1998/ND-CP of the Government dated 22 January 1998 promulgating the Regulations on the establishment of the association of foreign businesses in Vietnam (“Decree No. 08”), the Government of Vietnam accordingly allows the foreign investment permitted to perform the commercial, investment and service activities in Vietnam to establish the associations or clubs of foreign businesses in Vietnam (“Association”) provided that the foreign businesses satisfy with the requirements and agree with the content in this Decree No. 08.

How do Vietnam laws define about force majeur?

Under the applicable laws of Vietnam, only Civil Code 2005 has the definition of force majeur (i.e. Article 161 of Civil Code 2005).

Article 161 of Civil Code 2005 regulate about Time periods excluded from limitation periods for initiating legal action for civil cases and from limitation periods for requesting resolution of civil cases.

Under this article, the time period during which one of the following events occurs shall be excluded from limitation periods for initiating legal action for civil cases and from limitation periods for requesting resolution of civil cases: