Is it mandatory for a third fixed-term labor contract to be converted into an indefinite-term contract for foreign workers?
Question: As I understand, in Vietnam, a fixed-term labor contract for the third time must be converted into an indefinite-term labor contract. However, I am not sure if this regulation applies to foreign workers. Answer: According to Clause 2, Article 151 of the Labor Code 2019, the term of a labor contract for foreign workers […]
KIND-HEARTED, BUT CHARITY MUST COME FROM THE HEART
'La lanh dum la rach’ reflects one of the beautiful traditions of our nation. The spirit of mutual support and affection is always demonstrated through charitable activities. These activities represent a kind heart; however, a kind heart must be tied to charitable actions that come from the heart. The fundamental requirement of heartfelt charitable activities […]
Legal Newsletter Febuary, 2025
Tax - Fees - Charges• Amendments and supplements to the export-import tariff and the management of taxes for enterprises with related party transactions. Commerce• Classification of statistics by economic sectors. Investment• Guidelines on investment law regarding special investment procedures and amendments to decrees on public procurement law. Accounting - Auditing• State Audit Office issues guidelines […]
Legal Newsletter – Week from February 24, 2025, to February 28, 2025
Commerces New Mechanism for managing oil and gasoline business Draft Circular on trade defense measures Draft Circular on rules of origin of goods in the free trade agreement (Draft 2) Finance - Bank Issuing a Decision that regulates the functions, tasksm powers, and organizational structure of the Department of Planning, Finance, and Enterprise Management Immigration […]
DIVORCE SETTLEMENT WHEN BOTH SPOUSES ARE LIVING ABROAD
Jurisdiction for Divorce Settlement When Both Spouses Reside Abroad Ms. N.T.M and Mr. N.C.V registered their marriage in H Province, Vietnam, in 2021. After getting married, they moved to Japan to live and work. By 2025, due to irreconcilable marital conflicts, they decided to divorce. If both spouses are currently residing, studying, or working in […]
Carbon Credits – Opportunities and Challenges for Vietnamese Enterprises
What are carbon credits and why are they being emphasized?Climate change is a global challenge that forces countries and businesses to seek solutions to reduce greenhouse gas emissions. One of the most important tools currently available is carbon credits, which are seen as a financial mechanism to encourage green projects and help businesses meet their […]
Important Considerations When Merging a Single-Member LLC and a Multi-Member LLC
Question: My company is currently a single-member limited liability company, and I am planning to merge with my friend's company, which is a two-member limited liability company. Could you advise me on the key issues to consider during the merger process? Answer: Based on the information provided by you, SB Law has the following considerations: […]
TAX DECLARATION OBLIGATIONS OF FOREIGN INVESTORS WHEN TRANSFERRING CAPITAL IN A VIETNAMESE COMPANY
Question: We are a foreign company holding capital in a limited liability company (LLC) in Vietnam and are planning to transfer our contributed capital to another organization. However, we would like to clearly understand whether, in this case, the obligation to declare and pay taxes falls on the buyer or the seller. What are the […]
Procedure for transferring 100% capital contribution to a enterprise and Payment requirement via DICA account
Question: I am a Vietnamese, currently living in HCMC and being the owner of a limited liability company in Ho Chi Minh City. Now, I want to transfer 100% shares to a Singaporean enterprise. How will the payment for the transfer be made? Answer: 1. Opening an Investment Account According to the current foreign exchange management regulations in Vietnam, […]