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Vietnam: Guidance for Implementation of Employment Conditions and Employment Relationship

Decree No. 145/2020/ND-CP was issued on 14 December 2020 (“Decree 145”) providing detailed guidance on some articles of the Labor Code 2019, including, among other things, management of labor, labor contracts, and labor outsourcing. The introduction of Decree 145 can be seen as an improvement in drafting and issuing legal documents given its comprehensiveness in detailing the numerous regulations on different issues of employment in a single document.  Decree 145 took effect from 1 February 2021 and repeals and replaces 10 decrees that had been issued with respect to Labor Code 2012. Below we discuss some of the notable points of Decree 145.  1. Longer Notification Period to Terminate Certain Special Job Labor Contracts  With respect to a number of…To read the full article, please see the PDF file

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Asia Newsletter (April 15, 2021) (1 MB / 5 pages) Download PDF [1014 KB]

Authors

大矢 和秀

Kazuhide OHYA

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.

ヴ・レ・バン

VU Le Bang

  • Partner
  • Hanoi / Ho Chi Minh City

Bang is a partner with more than 20 years of legal professional experience. He joined  the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer to join Nishimura & Asahi,offering his experience in a variety of matters, including a diverse selection of notable, complex projects and disputes. Bang specializes in dispute resolution, inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labor. He also has significant experience in providing advice regarding international trade, unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Prior to joining the firm, Bang gained advisory experience in both law firm environments and  multinational corporations. He has been a regular contributor to numerous law-related magazines, and has actively participated in the training of law students and legal practitioners, having been a part-time lecturer in Vietnam since 2009. Additionally, Bang is invited as recurring speaker at the seminars and events organized by reputable legal profession related institutions and organizations.

Bang is a 2001 graduate of Hanoi University of Law , and received an LL.M. in international law from the Transnational Law & Business University in Seoul, Korea in 2006, supplementing with an additional LL.M. in U.S. law from Antonin Scalia Law School George Mason University in Virginia in 2024. He is also pursuing a Ph.D. in international law at Charisma University School of Law and a Ph.D. in criminal justice at Liberty University - Helms School of Government in the U.S. 

Chambers and Partners has recognized Bang as a leading lawyer  in M&A and Real Estate. He is a listed arbitrator of several institutions including the Vietnam Lawyers' Commercial Arbitration Center, and a member of the Ho Chi Minh Bar and the Vietnam Bar Federation. He is fluent in both English and Vietnamese.

グエン・テイ・タン・フォン

Huong started her career at leading local and regional law firms with diversified national and international practices. In 2009, Huong began pursuing a master’s degree from the University of Melbourne, and after doing so, continued her legal career at a number of law firms. Her areas of expertise include M&A transactions, labor law, corporate law, real estate transactions, restructuring and insolvency, and compliance. Huong often advises clients on cross-border M&A deals in relation to real estate, banking and finance, services, and manufacturing. She also regularly supports clients in regard to the formation and registration of internal labor regulations, dealing with labor disputes, labor contract performance, and retrenchment. In addition, Huong assists clients with the incorporation, operation, restructuring, and termination of their businesses in Vietnam, including with respect to day-to-day commercial business, corporate governance, and compliance. In these areas, clients value her extensive experience and detailed knowledge of local laws and culture, as well as her timely, responsive, and effective support.