Laws in Vietnam

  Enterprises of different corporate types have difference in managerial mechanisms in which Board of Members (BM), General Meeting of Shareholders (GMS) and Board of Directors (BD) always play very important roles. This article aims to analyze 2 basic differences in terms of their legal status and decision-making rights.   BM in LLCs, partnerships GSM in JSCs BD in JSCs Multiple-member LLCs Single-member LLCs Partnerships Legal status The supreme governing body of the company Designated by the company’s owner, perform the owner’s rights and obligations in the owner’s name; perform the company’s rights and obligations in the company’s name, except the rights and obligations of the Director/General Director; take responsibility to the law and the owner for his/her performance. Like those in single-member LLCs. Consist of all voting shareholders and is the s...

  Decree No. 31/2021/ND-CP, providing instructions for implementation of the 2020 Law on Investment in effect as of March 26, 2021, Contains the Appendix listing several services and activities subject to restrictions on foreign enterprises’ investment. Below is this list: 1. Trading goods and services on the list of commercial State monopolies.   2. Press and information gathering activities in any form.   3. Fishing or fishery production.   4. Investigation and security services.   5. Judicial administration services, including judicial expertise service, bailiff service, property auction service, public notary service, estate guardian service.   6. Sending employees to work abroad under employment contracts.   7. Investment in the construction of cemeteries and graveyards for transfer of rights to use land associated with their infrastructure   8. Household garbage collection service.   9. Public opinion polling (public su...

  Sticking car decals is a usual need of the car owner. However, if the car owner wishes to stick a decal in different color than the original one and the decal covers a large part of the car body, can that owner be granted reissued inspection certificate for his/her car? In fact, this is an easy question. According to regulations laid down in the Circular No. 70/2015/TT-BGTVT , inspection certificates (register certificates) will become invalid in the following cases:   - Motor vehicles have already obtained new inspection certificates and stickers.   - Already receiving loss declarations from car owners   - Already receiving recall notices from register units   - Motor vehicles are involved in any accident to the extent that they fail to meet prescribed quality, technical and environmental safety requirements.     - Actual technical parameters of cars are not consistent with those shown on inspection certificates.   Whenever car driv...

  After assessment and approval of the first vaccine protecting against Covid-19 to be delivered in Vietnam, the Ministry of Health issues the Decision No. 1210/QD-BYT , approving the Plan to receive, preserve, allocate and use COVID-19 vaccines secured through the COVAX Facility for the 2021-2022 period. In this Plan, the recommended vaccine delivery schedule in 2021 is informed. This schedule is shown in the Appendix I to the Decision No. 1210 as follows: 1. 1 st Quarter/2021: - Quantity:  Approximately 1.2 million of doses for about 600,000 persons. - Beneficiaries: No. Prioritized population Estimated number of persons Vaccination rate Number of recipients 1 Health workers 500,000 0.95 475,000 2 Staff engaged in disease prevention and control activities 116,000 0.95 110,200 Total 616,000 ...

  Currently, the State has licensed Covid-19 vaccines for use within the territory of Vietnam. Because of wishing to urgently vaccinate their employees, many enterprises have imported Covid-19 vaccines at their discretion for their own use. However, is this allowed?   The Resolution No. 21/NQ-CP , issued on February 26, 2021, regulates the purchase and use of COVID-19 vaccines.   As per regulations laid down in clause 7 of Article 4 in this Resolution, the State encourages competent entities to organize voluntary vaccination if they have demands and can pay for vaccination at their own expense.   Organizations, units and enterprises are allowed to use funds within the recurrent expenditure estimates covered by the law on state budget or operating funding sources as prescribed by laws or operating expenditures prescribed by laws or recorded as deductible expenses for determination of taxable income according to the corporate income tax law, in order to vaccinate...