On April 13, 2018, the Ministry of Health (MOH) of Vietnam and the World Health Organization held a conference to introduce the main contents of the Draft Law on Preventing and Combatting Harmful Effects of Alcohol and Beer (the “Draft Law”). The Draft Law contains six chapters with 22 articles and is aimed at preventing and reducing harmful effects from alcohol and beer. The provisions...
Multi-level marketing (MLM) activities are allowed under the law in Vietnam. However, in recent years, a few MLM companies in Vietnam have been accused of not being fair to customers, not fulfilling tax obligations, and/or at times trading in low-quality products. A report from the Ministry of Industry and Trade (MOIT) showed that from June 2015 to November 2016, the MOIT inspected and initiated...
A new Penal Code (the “New Penal Code”) came into effect in Vietnam on January 1, 2018. Important for foreign and domestic investors alike, the New Penal Code introduces a number of provisions on corporate criminal liability and anti-corruption, increasing the risks for businesses in the country.
These changes are particularly significant because under the previous Vietnamese criminal code,...
Managing Intellectual Property
In the Vietnamese judicial system, there are two avenues for reviewing a court’s final judgment. Under the current procedural legislation, if such judgment can be shown to be based on a serious error of law, it can go through the process of cassation, where the judgment will be reviewed and possibly annulled due to the material error in the procedures. If, on...
Vietnam’s new Penal Code (the “New Penal Code”), which became effective on January 1, 2018, significantly bolsters Vietnam’s anti-corruption laws with respect to the private sector. The New Penal Code sets out numerous corruption-related offenses, including the giving and promising of bribes, the receiving of bribes, the “brokerage” of bribes, and embezzlement. The most significant...
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