On September 9, 2020, Vietnam’s Ministry of Industry and Trade (MOIT) issued Circular No. 21/2020/TT-BCT on the order and procedures for issuance of electricity operating licenses (Circular 21). Circular 21 will take effect on October 26, 2020, replacing Circular No. 36/2018/TT-BCT as amended by Circular No. 15/2019/TT-BCT (together, Circular 36). The primary purpose of Circular 21 is to...

On August 26, 2020, the Vietnamese Government issued Decree No. 99/2020/ND-CP stipulating penalties for administrative offenses in the petroleum sector, and in the petrol, oil, and gas trading sector. Decree 99 will take effect on October 11, 2020, replacing Decree No. 67/2017/ND-CP dated May 25, 2017. Decree 99 stipulates that the maximum fine in the sector of exploration and production of...

Are importers and distributors responsible for patent infringement related to the products they import and distribute? This seemingly simple question has still only been partially answered in Vietnam, when the Superior People’s Court of Ho Chi Minh City rendered a judgment on 28 July 2020 sending a case back to the first-instance court for a retrial. The plaintiff in the case is a multinational...

On August 14, 2020, the government of Vietnam issued Decree 91/2020/ND-CP on fighting against spam text messages, spam email, and spam calls. The new decree will take effect on October 1, 2020, replacing Decree 90/2008 on anti-spam and all of its amendments. In general, Decree 91 retains the essential rules on anti-spam regulated in Decree 90, but expands the scope of application and provides...

On June 17, 2020, the National Assembly of Vietnam passed the Law on Investment 2020 (LOI) and Law on Enterprises 2020 (LOE). The new laws will take effect on January 1, 2021, replacing their predecessors from 2014. These are two of the main sources of corporate law in Vietnam, applicable to both domestic and foreign companies. Some key changes for foreign investors are listed below. Law on...