Category:

1. It is forbidden to terminate the performance of an already effective contract: Point e, Clause 1, Article 211 of the Law on Enterprises 2020 stipulates: Since the dissolution decision is issued, an enterprise or its manager is strictly prohibited from “terminating the performance of an effective contract”. This regulation inherits intact Article 205 of the Law on Enterprises.
2. Separate regulations on termination of labor contracts according to the Labor Code: Compared with the provisions of the Law on Enterprises 2020, it is not possible to determine which document the “notification of termination of operation” in article 45 of the Labor Code 2019 belongs to according to the current dissolution process in Vietnam.
3. Other prohibited acts: giving up or reducing the right to collect debts; signing new contracts, except for the case of enterprise dissolution; pledge, mortgage, donate or lease property; fundraising in any form…

It can be seen that these unreasonable regulations not only cause difficulties for businesses but also contain risks of social instability, leading to unnecessary lawsuit situations.

According to

https://www.thesaigontimes.vn/317457/kho-nhu-tuan-thu-phap-luat-khi-giai-the.html.

Documentary Editorial Board, DBRC, Dong Du International Accounting & Legal Consulting Group Vietnam

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From January 1^st 2021, employers and employees can enter into electronic labor contracts in the form of data messages. The conclusion of an electronic labor contract shall comply with the provisions of the Law on Electronic Transactions 2005.

Article 33 of the Law on Electronic Transactions 2005 stipulates that an electronic contract is a contract established in the form of a data message according to regulations. Data message is information created, sent, received and stored by electronic methods which are the operating activities based on electrical, electronic, digital, magnetic, wireless transmission, optical, electromagnetic or similar technology.

Therefore, businesses and employees need to pay attention to the conditions for the electronic labor contract to take effect. In other words, when the employee and the employer choose to enter into a labor contract via electronic means, they need to fully satisfy the legal conditions of electronic documents (Article 13 of the Law on Private Transactions 2005) and digital signatures used (Clause 6, Article 3 of Decree 130/2018/ND-CP) to enter into a legally valid contract.

Edited by DBRC, Dong Du International Accounting & Legal Consulting Group

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The Enterprise Law No. 59/2020/QH14 will officially take effect from January 1, 2021 with many new contents compared to today. One of them is about the duration of common stock ownership.

Specifically, the clause 2, article 115 of the enterprise law 2020, already removed the content which a shareholder or a group of shareholders must own ordinary shares for a continuous period of at least 6 months previously specified in Clause 2, Article 114 of the Law on Enterprises in order to have the below rights such as to nominate people to the Board of Directors, to the Supervisory Board, to convene the General Meeting of Shareholders, to request the Supervisory Board to examine each specific issue related to the management and operation of company when necessary.

In addition, according to the enterprise law 2020, a shareholder or group of shareholders owns 5% (instead of 10% under the Enterprise Law 2014) of the total number of ordinary shares or more or a smaller percentage as specified in the company charter also has the same rights as above.

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Dong Du International Accounting & Legal Consulting Group HCMC, Vietnam, Southeast Asia Business Consulting Network

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New regulations on the contents that must be included in the Labor Regulations according to the provisions of the Labor Code 2019 (effective from January 1, 2021) will cause many businesses to amend their Labor Regulations.

Dong Du International Accounting & Legal Consulting Group HCMC, Vietnam, Southeast Asia Business Consulting Network, we specialize in accounting services, corporate tax advice, legal advice, business training, human resource consulting, product & market surveys…over 15 years up to now in the Vietnam market. Currently, we have also built a team of foreign experts from Japan, Taiwan, Europe, Singapore, Thailand, Cambodia … to help customers inside and outside Vietnam to expand appropriate business opportunities as well as possible.[SETTING UP COMPANY, ACCOUNTING, TAX, LAW COMPLIANCE, HR…IN HO CHI MINH, VIET NAM FOR FOREIGN INVESTORS ]

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