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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

Mr. Bang is a partner of our firm, with more than 15 years of experience as a lawyer. He joined the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer in the Ho Chi Minh City Office, and gained experience in a variety of diverse cases, including huge, complex projects. Mr. Bang specializes in inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labour. He also has significant experience in providing advice regarding unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Before joining the firm, Mr. Bang gained professional experience in both a law firm and working with multinational corporations. He has been a regular contributor to a number of law-related magazines, and has actively participated in the legal training of law students, having been a law lecturer in Vietnam since 2009. Mr. Bang is a 2001 graduate of Hanoi University of Law (LL.B.), and received an LL.M. from the Transnational Law & Business University in Seoul, Korea in 2006. He is a member of the Ho Chi Minh Bar and the Vietnam Bar Federation, and 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.