Is an enterprise that has become insolvent required to file a petition for bankruptcy proceedings, and what penalties apply if it fails to do so?
Question: My limited liability company with two or more members is facing cash-flow difficulties. Several debts owed to suppliers and banks are more than six months overdue and cannot be paid. Management wants to keep operating and has not considered bankruptcy. Under the current regulations, when is an enterprise deemed insolvent, is the legal representative […]
Requirements for Establishing a Branch of a Foreign Trader in Vietnam for Restaurant Business Operations
Question: A company established overseas, with valid incorporation documents, intends to establish a branch in Vietnam to conduct restaurant business activities. In this case, what conditions must the foreign enterprise satisfy to establish a branch in Vietnam? Answer: Pursuant to Article 8 of Decree No. 07/2016/ND-CP, the issuance of a License for Establishment of […]
Can an employer unilaterally change an employee’s salary?
Question: Due to financial difficulties, a company plans to reduce the salaries of certain employees by 20% for a period of six months. The company considers the salary reduction temporary and necessary to maintain its business operations. In this case, can the company unilaterally decide to reduce the employees’ salaries without obtaining their consent? […]
Conditions and procedures for establishing a sales e-commerce website by Vietnamese traders, organizations, and individuals for business activities with an online ordering function.
Question: A Vietnamese trader, organization, or individual intends to establish a sales e-commerce website with an online ordering function to directly conduct business in Vietnam. In this case, is the entity required to carry out any administrative procedures, and what legal conditions and processes must be satisfied? Answer: Pursuant to the Law on E-Commerce […]
Is an employer required to pay severance allowance to an employee who has participated in unemployment insurance?
Question: An employee has worked for a company for five years and has participated in unemployment insurance throughout the entire period of employment. Upon the lawful termination of the employment contract, the employee requests that the company pay severance allowance for the five years of service. Is the company legally required to pay this allowance? […]
Registration of Retail Business Objectives and the Requirement to Obtain a Business Licence by a Foreign-Invested Enterprise
Question: A foreign-invested enterprise has registered business line VSIC 4799 – Other retail sale not elsewhere classified, under Decision No. 27/2018/QD-TTg. However, the enterprise has not yet obtained a Business Licence for goods trading and activities directly related to goods trading as required by law. As a result, it has not commenced the registered retail […]
What conditions must an enterprise comply with when organizing overtime work, and what penalties apply for violations?
Question: During peak seasons, my company often asks employees to work overtime to meet order deadlines. Under the current regulations, what are the limits on requiring employees to work overtime, and what penalties apply for violations from 10 September 2026? Answer: Under Article 107 of the 2019 Labor Code, an employer may require employees to […]
In what cases does an employee have the right to unilaterally terminate the employment contract without prior notice?
Question: An employee of my company wishes to resign immediately but does not want to violate the legal requirements regarding the notice period. Under the current regulations, in what specific cases is an employee entitled to unilaterally terminate the employment contract without having to give prior notice to the employer? Answer: According to Clause […]
PROCEDURES FOR PATERNITY ACKNOWLEDGMENT AND CHILD CUSTODY RESOLUTION FOR UNMARRIED PARENTS IN VIETNAM
Question: My girlfriend (a foreign national) and I live together in Vietnam without registering our marriage, and we currently have an 18-month-old child together. Due to conflicts, we have decided to separate. Currently, the father’s information section on the child’s Birth Certificate is left blank, and my girlfriend plans to take the child back to […]