Question: We are a company with 100% foreign capital. We currently own a sales e-commerce platform including 01 website and 01 application for the purpose of allowing customers to order and pay. Check out the air conditioning products that we distribute. We want to know whether these websites and applications have been allowed to operate […]
Question: Our company is a foreign-invested enterprise established in Vietnam, and we are planning to operate a social media platform in the financial sector. Do we need to apply for any licenses for this activity? Answer: According to Clause 6, Article 24 of Decree 147/2024/ND-CP: “Agencies, organizations, and enterprises in Vietnam are only allowed to […]
Question: Our company employs both Vietnamese and foreign workers. I would like to ask whether our company is required to pay trade union fees for foreign workers. Answer: Under the Charter of the Vietnam General Confederation of Labour and Section 3.2 of Guidance No. 03/HD-TLĐ dated February 20, 2020, issued by the Vietnam General Confederation […]
Question: The client is a foreign-invested trading company with a total investment capital of less than 3 billion VND and 2 employees. The question is whether the company is required to hire a Chief Accountant. If required, what are the procedures, requirements, and conditions for hiring one? Answer: Obligation to Appoint a Chief Accountant Based […]
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How long is the limitation period for initiating proceedings for dispute resolution by arbitration?
The limitation period for initiating proceedings for dispute resolution by arbitration is stipulated in Article 33 of The Arbitration Law 2010 as follow: The limitation
I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration permitted by Vietnamese law?
The ArbitrationLaw 2010 allows parties to select ad hoc arbitration to resolve disputes. For ad hoc arbitration, the parties are free to agree upon the
What are commercial rights?
Article 3(6) of Decree No. 35/2006/ND-CP provides that ''commercial rights" includeone, several or all of the following rights: a) Right granted to the franchisee by
Do the parties have the freedom to choose the law applied in the arbitration proceedings to resolve the dispute?
The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow: 1. For disputes without foreign
Which legal documents of Vietnam stipulate commercial franchise?
Commercial franchise is provided in the following legal documents: - Vietnam Commercial Law 2005 - Decree No. 35/2006/ND-CP dated 31/3/2006 by the Government detailing implementation
What are qualifications to become an arbitrator? Who are not allowed to act as an arbitrator?
According to Article 20 of The Arbitration Law 2010, a person with all the following qualifications may act as arbitrators: a. Having full civil legal
How is the legal value of an arbitral award? Does one party, who disagrees with the arbitral award, have the right to bring a petition to the court?
The arbitral award is final, and all parties are bound by such award. If when the time-limit for carrying out an arbitral award expired, the
During the process of arbitration proceedings, could the court order an interim relief to protect the rights of parties in the dispute?
Under Article 48 of The Arbitration Law 2010, Parties in dispute shall have the right to request the arbitration tribunal or a court to order
During the arbitration proceedings, is conciliation by parties recognized? How will the decision recognizing successful conciliation be enforced?
Pursuant to Article 9 of The Arbitration Law 2010, during the process of arbitration proceedings, Parties shall have the freedom to negitiate and reach agreement