Posts

Unilateral termination of labor contracts due to employees’ frequent failure to perform work

In the process of labor management and utilization, assessing the work performance of employees plays an important role in the operations of an enterprise. In practice, there are cases where employees do not meet job requirements or frequently fail to complete assigned tasks, which raises the issue of the employer’s right to terminate the employment relationship. The Labor Code 2019 allows employer to unilaterally terminate an labor contract (“ Contract ”) if the employee frequently fails to perform work according to the Contract. However, for the termination of the contract to be deemed lawful, the enterprise must comply with the following conditions and procedures.  1. The legal basis for unilateral termination of the Contract Pursuant to Point a, Clause 1, Article 36 of the Labor Code 2019, the employer has the right to unilaterally terminate the Contract in cases where the employee frequently fails to perform his/her work as stipulated in the Contract. However, determining whethe...

Tax incentives for science and technology enterprises effective as of 2025

Amidst significant transformations in the legal framework for science, technology, and innovation specifically with the promulgation of the Law on Science, Technology, and Innovation No. 93/2025/QH15 (effective October 1, 2025) and Decree No. 320/2025/ND-CP guiding the implementation of the Law on Corporate Income Tax (effective December 15, 2025 science and technology enterprises  ( S&TEs )  are being positioned at the heart of policies encouraging knowledge-based economic development.   This article analyzes the concept of Science and Technology Enterprises (S&TEs), the relevant legal requirements, and the notable tax incentive framework applicable from 2025.   1. What is a Science and Technology Enterprise? In practice, many enterprises believe that merely applying technology to management or business operations qualifies them as a Science and Technology Enterprise (S&TE). However, under current law, an S&TE is a specific legal status, established only when the en...

Vietnam completes the accession procedures to the 1961 Hague Convention: A step forward in the recognition of Foreign Public Documents

Vietnam’s completion of the accession procedures to the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as the “ Apostille Convention ”) marks a positive development in the process of improving the legal framework governing the recognition and use of public documents in international relations. On December 31, 2025, Vietnam deposited its instrument of accession with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, as the depositary of the Convention. In accordance with the mechanism set out in the Convention, the Convention will enter into force for Vietnam on September 11, 2026. At the same time, Vietnam has designated the Ministry of Foreign Affairs as the competent authority for issuing Apostilles.   The significance of Vietnam’s accession to the Convention lies, first and foremost, in the change to the mechanism for authenticating public doc...

Promotional Activities – What Must Enterprises Comply With?

1. Definition of promotional activities   Promotional activities are commercial promotion activities conducted by traders for the purpose of promoting the purchase and sale of goods or the provision of services by offering customers certain benefits. Promotional activities may be carried out by: (i) enterprises that themselves conduct production and/or business activities; and/or (ii) enterprises providing promotional services, which conduct promotions for other enterprises in accordance with a promotional service agreement.   The Law on Commerce and relevant legislative documents impose specific conditions and restrictions on goods and services that are subject to promotion, as well as goods and services used for promotional purposes. Specifically:   Goods and services eligible for promotion  do not include alcoholic beverages, lottery products, tobacco products, breast-milk substitutes, medicines for human use (including medicines that have been licen...

Key considerations for gold trading in 2026

The gold market is one of the markets that fluctuates continuously. In 2025, the gold price index continued to increase; specifically, according to the Report of the General Statistics Office of Vietnam – Ministry of Finance, the gold price index in December increased by 2.18% compared to the previous month; increased by 70.37% compared to the same period of the previous year; and, on average in 2025, the gold price index increased by 47.67%. This development partly explains the trend that people, and even a segment of investors, choose to buy gold for profit-taking purposes or for hoarding, depending on their needs.     Entering 2026, in the context that many new legal documents have taken effect, gold trading activities have been regulated in a stricter and clearer manner. Accordingly, when engaging in gold trading or investing in gold, individuals should note the following:     1. Prohibited acts in gold trading:   Building on certain provis...

Key considerations for gold trading in 2026

The gold market is one of the markets that fluctuates continuously. In 2025, the gold price index continued to increase; specifically, according to the Report of the General Statistics Office of Vietnam – Ministry of Finance, the gold price index in December increased by 2.18% compared to the previous month; increased by 70.37% compared to the same period of the previous year; and, on average in 2025, the gold price index increased by 47.67%. This development partly explains the trend that people, and even a segment of investors, choose to buy gold for profit-taking purposes or for hoarding, depending on their needs.   Entering 2026, in the context that many new legal documents have taken effect, gold trading activities have been regulated in a stricter and clearer manner. Accordingly, when engaging in gold trading or investing in gold, individuals should note the following:     1. Prohibited acts in gold trading:   Building on certain provisions un...

Environmental protection reporting obligations of manufacturing projects

Environmental protection reporting is a mandatory requirement for manufacturing projects under environmental protection laws. During project implementation, enterprises must accurately identify the subjects required to report, types of reports, reporting contents, submission deadlines, and competent receiving authorities to ensure legal compliance and mitigate legal risks. This article summarizes and analyzes the current legal regulations, assisting project owners and manufacturing facilities in fully and timely fulfilling their environmental protection reporting obligations.   1. Subjects, types, and contents of reports 5   Project owners are responsible for preparing and submitting environmental protection reports to competent state authorities in accordance with the law.   Environmental protection reports include:     Annual environmental protection reports, with the reporting period calculated from January 1 to December 31 of the reporting year; ...