- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
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- https://hmplaw.vn/
Insights
Recruitment is one of the important stages in establishing labor relationships, aimed at finding candidates for the enterprise. Due to the concern about having to set recruitment criteria suitable for the job position to be recruited, many enterprises have forgotten or ignored legal regulations during this stage. This leads to many risks for the enterprise, including being punished for administrative violations as well as affecting the image and reputation of the enterprise. This article addresses some considerations for enterprises during the recruitment phase.
Commercial Arbitration is a widely recognized dispute resolution method, valued for its efficiency, confidentiality, and finality. However, in some cases, the Arbitration Award may be annulled in accordance with Article 68 of the Law on Commercial Arbitration 2010. When this occurs, enterprises need to clearly understand the subsequent steps to take to protect their legitimate rights. This article will delve into the process and outline the actions that enterprises should take when dealing with the annulment of an Arbitration Award.
It is now apparent to all of us that we are living in an age, a technological era, where AI drives nearly all dominant trends, profoundly influencing almost every industry and profession, including the legal field and those practicing law in Vietnam.
The Ministry of Planning and Investment is currently in the process of finalizing the Draft Decree on household businesses . This marks the first time regulations concerning household businesses will be consolidated into a single legal document. Essentially, the Draft Decree aims to separate household businesses from the general regulations governing enterprises, thereby creating more favorable conditions for their development. However, several issues still need to be addressed to ensure the Draft Decree fully serves its purpose of paving the way for household businesses.
The probation period is a crucial stage that allows both employers and employees to evaluate their compatibility. For businesses, it serves as an opportunity to assess candidates’ abilities and adaptability to the job, while employees can determine whether the working environment and job meet their expectations and needs. Although probation is a temporary phase, businesses must comply with certain legal requirements concerning the duration and salary of the probation period. These regulations, while not as stringent as those governing formal employment contracts, set specific boundaries that businesses must adhere to. This article highlights some critical points businesses should be mindful of when conducting probation periods for employees.
Decree 155/2020/ND-CP ("Decree 155") was issued to detail the implementation of several provisions of the Securities Law 2019. Over the past three years, this Decree has played a vital role in enhancing transparency and promoting the sustainable development of the securities market ("SM"). However, given the rapidly evolving economic landscape and legal framework, many provisions in Decree 155 have revealed limitations, necessitating timely adjustments.
The food supply chain comprises three key stakeholders: suppliers, distributors, and certification authorities. Thus, when FSH incidents occur, what are the roles and responsibilities of these stakeholders? Who bears the highest level of accountability, and to what extent?
In today's fiercely competitive economy, building a high-quality workforce is a priority for many enterprises. The labor contract, serving as the legal agreement between employer and employee, not only delineates the rights and obligations of both parties but also provides a crucial legal foundation for protection in the event of disputes. However, the process of negotiating labor contracts can harbor numerous risks if enterprises do not pay adequate attention. Therefore, understanding the key considerations during this phase is essential. This article highlights critical points enterprises should heed when negotiating labor contracts.
Below is the list of prestige law firms, curated by HM&P based on in-depth criteria including service quality, brand reputation, and outstanding contributions to the legal industry in Vietnam over the past year. The rankings are arranged randomly as follows
The world has entered the second half of the third decade of the 21st century, and it is also the time when we enter an era where digital transformation and technology develop like a storm. In this context, Vietnamese law firms are facing unprecedented challenges. The global economy is gradually entering the borderless era, leading to the increasingly extensive and strong development of the world's leading law firms in the Vietnamese market, which is putting domestic law firms in front of challenges that are not easy to overcome. This article will clarify the challenges and opportunities of Vietnamese law firms in the new context and propose solutions to help domestic law firms reach out and integrate once again with the global arena of the legal industry.
In the previous issue, through the article titled “Expanding markets from FTAs - Seeking opportunities from challenges”, the author analyzed several challenges faced by Vietnamese enterprises in leveraging the benefits from Free Trade Agreements (FTAs), one of which is the rules of origin of goods. This is also one of the barriers for Vietnamese enterprises to enjoy tax incentives under FTAs. Above all, to fully capitalize on Vietnam’s signed FTAs, it is time for Vietnamese enterprises to be more serious in researching and applying the regulations on origin of goods in FTAs to support their export activities.
Value Added Tax (“VAT”) refunds are a significant aspect of business operations, particularly for import-export enterprises. However, numerous businesses continue to face challenges and obstacles in the refund process. It can be said that VAT refunds hold substantial significance for businesses, as the refunded amount can constitute a significant portion of a large company's cash flow.
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