FDI Enterprises: When must the investment capital account be closed, and where will the funds go after closure under Circular No. 38/2026/TT-NHNN?

Question: Our company is a foreign-invested enterprise in Vietnam. We are planning an ownership restructuring, whereby the foreign investor will transfer their entire capital contribution to Vietnamese shareholders (or reduce their ownership ratio to 50% or below). Under the provisions of Circular No. 38/2026/TT-NHNN, in which cases is an FDI enterprise mandatorily required to close […]

Providing foreign loans in USD to Subsidiary companies

Question: A parent company in Vietnam intends to lend a sum of capital in US Dollars (USD) to its subsidiary in Hong Kong (an enterprise with the parent company’s capital contribution in the form of direct investment). What are the procedures, steps, and necessary documents required to carry out this loan?   Answer: Conditions for […]

May an Enterprise Use Customers’ Personal Data to Send Advertising Information? When Is Customer Consent Required?

Question Our company holds customers’ personal data and intends to use such information to send information about products, services, and promotional programs. May the company use customers’ personal data for advertising purposes? In which cases is the customer’s consent required?   Answer Since 1 January 2026, the 2025 Law on Personal Data Protection has been […]

Can the company unilaterally terminate the employment contract with an employee who consistently fails to meet performance targets and receives negative customer feedback?

Question: “My company recruited an employee for a sales position, however during the work process, this employee often failed to complete targets and received negative feedback from customers. In this case, does the company have the right to unilaterally terminate the employment contract with this employee?”   Answer: According to Point a, Clause 1, Article […]

IS IT NECESSARY TO SIGN NEW EMPLOYMENT CONTRACTS AFTER A CORPORATE MERGER?

Question After a company is merged or consolidated with another company, do the existing employment contracts remain valid, or must the successor company sign new employment contracts with its employees? Answer Under the Vietnamese Labor Code 2019, a merger or consolidation of enterprises does not automatically terminate existing employment contracts. The successor employer is responsible […]

Labor consultation

Question: I have just reached the working age and want to join the labor market. What is the minimum wage I will receive? Recently I

Read More