- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
- 02873080839
- https://hmplaw.vn/
Insights
Promotion is a commercial activity that businesses use to stimulate the consumption of goods and services, providing benefits to customers. According to regulations, there are various forms of promotion, ranging from providing free samples to organizing chance-based programs with attractive prizes. Although it is a common practice, many businesses still encounter significant challenges when conducting promotional activities, including issues related to the administrative procedures involved. In order to address some of the common concerns and frequently asked questions that businesses face when carrying out promotions, HM&P has prepared and is pleased to present this Q&A document on legal compliance in promotional activities, for businesses to refer to in the course of their operations.
In the context of rapid digital technology development, personal data has become a valuable asset not only for individuals and organizations but also for the economy. However, data security faces many challenges due to the increasing activities of data collection and usage without stringent control. To address this issue, the Draft of Law on Protection of Personal Data (“Proposition”) has been released for public consultation with the intention of being enacted and taking effect from January 1st 2026 , as planned by the National Assembly. The regulations elevating personal data protection to the status of law are considered a significant step forward in safeguarding personal information and promoting the development of the digital economy. However, the Draft still contains some limitations that need to be carefully assessed and adjusted to better align with practical realities.
The Board of Directors (“BOD”) is the governing body that plays a crucial role in a joint-stock company, acting on behalf of the company's shareholders to oversee its operations. Each member of the BOD holds significant responsibility, influencing whether the resolutions and decisions of the BOD are approved or not.
Recently, at the 8th session of the 15th National Assembly, 18 Draft Laws and 21 Resolutions were passed. Several of these Laws are expected to impact business operations. To help businesses stay updated and adapt to the new regulations, this article highlights some key new provisions in important Laws that may affect business activities.
At the 8th Session of the 15th Assembly, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Pharmacy ("Amended Law on Pharmacy"). This is a necessary adjustment after nearly 8 years of implementation of the 2016 Law on Pharmacy - the legal framework governing the production, trade, distribution and use of medicines in Vietnam. In the context of deep international integration and the focus on developing the pharmaceutical industry into a key economic sector, the amended Law on Pharmacy is expected to improve management efficiency and attract investment. However, many of the new regulations are not yet complete, which poses certain challenges in achieving the long-term goals set. This article will focus on the remaining limitations that the Amended Pharmacy Law has not yet resolved, which could pose obstacles to the implementation of the newly adopted reforms.
In boom of digital technology, social media has become an indispensable part of everyday life, offering numerous conveniences to individuals. In addition to its entertainment value, it is increasingly seen by society as a "rating platform" for an individual or even the organisation to which that individual belongs. In the context of labour relations, there have been numerous instances where inappropriate behaviour by employees on social media has put companies in difficult situations and even caused damage to the business. This poses a challenge for companies to manage and appropriately control the actions of employees on social media in order to prevent these actions from negatively impacting the company's interests.
After nearly eight years of implementation, the Law on Pharmacy 2016 has proven to be an important legal tool for regulating the production, business, distribution, and use of pharmaceuticals in Vietnam. However, in the context of international integration and the development of Vietnam's pharmaceutical industry into a key sector, amending the Law on Pharmacy to support pharmaceutical enterprises and improve efficiency and transparency is an inevitable step. Based on this, the following article will analyze the impact of several provisions in the Amended Law on Pharmacy on domestic pharmaceutical enterprises and foreign-invested pharmaceutical enterprises.
In the context of strong globalization, participation in Free Trade Agreements (FTAs) has become one of the important strategies to help countries, including Vietnam, expand their markets and improve their international competitiveness. As of 2024, Vietnam has signed a total of 13 major FTAs, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the EU - Vietnam Free Trade Agreement (EVFTA), and FTAs with ASEAN, Korea, Japan, and many other partners. However, many Vietnamese companies have yet to take full advantage of these FTAs.
A contract is a form of expression for a civil transaction, therefore it is a document that expresses the agreement between the parties. In the course of its business, a company may need to enter into contracts with various parties, including employees, suppliers, customers, partners and other entities. For each contract, the legal value of the contract is always a concern for many businesses, as the voidability of the contract for any reason will cause the business some inconvenience and even legal liability. However, in order to protect their rights, businesses often need to ask the court to declare the contract void. This article discusses some considerations for businesses when asking the court to set aside a contract and the legal consequences that businesses need to be aware of if the contract is set aside.
After more than six years of implementation, it can be said that Government Decree No. 86/2018/ND-CP regulating foreign investment cooperation in the education sector ("Decree No. 86") has achieved remarkable results in creating a legal framework for foreign individuals and organisations to participate in the development of Vietnam's education system. However, Decree No. 86 has also revealed some shortcomings, with some provisions incompatible with practice and others not fully in line with newly enacted laws.
On June 26th 2023, the Mercantile Exchange of Vietnam (MXV) officially launched nationwide trading of commodity options contracts, marking a significant milestone in the development of Vietnam's financial and commodity markets. This is a commendable effort to integrate with international standards and promote the widespread use of options contracts on other underlying assets. However, this nascent market faces numerous regulatory challenges that pose risks to investors and hinder sustainable development.
During the arbitration proceedings, the request for interim measures by the dispute resolution body is an option that the parties may use if necessary. Although this request does not significantly affect the arbitral proceedings and the proceedings continue as usual, the question arises as to whether the jurisdiction of the court limits the jurisdiction of the arbitral tribunal when both dispute resolution mechanisms have concurrent jurisdiction to resolve the party's request for interim measures. This article will focus on the concurrent jurisdiction of courts and arbitration in the application of interim measure.
-
-
