Question What is the special investment procedure under the Law on Investment 2025? Is a project implemented under this procedure automatically entitled to special investment incentives? Answer The Law on Investment 2025 introduces the special investment procedure under Article 28 to simplify the process of implementing investment projects. However, many investors confuse the special investment […]

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 […]

Question: What is the difference between a Memorandum of Understanding (MOU) and a Business Cooperation Contract (BCC)? Answer Although both an MOU and a BCC are commonly used in investment transactions, they serve different legal purposes. A Memorandum of Understanding (MOU) is not specifically recognized as a separate type of contract under Vietnamese law. Its […]

Question: What legal risks may arise if a property developer uses deposit funds received from customers to finance a real estate project? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, deposit funds are not intended […]

Question: Why can an amount described by the parties as a “deposit” still be regarded by the authorities as an advance payment or an unlawful capital-raising activity? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, […]