Công ty dịch vụ luật Apolat Legal

In the course of business operations—particularly during peak production periods—mobilizing employees to work overtime is almost inevitable. However, many businesses, especially small and medium-sized enterprises, still lack a proper understanding or fail to correctly implement legal provisions on overtime. This can lead to significant legal risks, ranging from employee complaints to administrative sanctions upon inspection. Therefore, the following article aims to outline key points that enterprises should take into consideration when assigning employees to work overtime.   How many overtime hours are employees allowed to work? 1. Definition of Overtime  According to Clause 1, Article 107 of the 2019 Labor Code , overtime work refers to the period of time worked beyond the normal working hours prescribed by law, collective labor agreements, or internal labor regulations.     2. Legal Limits on Overtime  The total overtime must not exceed 50% of normal wo...

Introduction   In the context of global digital transformation, artificial intelligence (AI) has established and continues to affirm its pivotal role in driving innovation and economic growth. Recognizing this significance, Vietnam has taken a landmark step by enacting the Digital Technology Industry Law 2025, marking the first comprehensive legal framework governing activities related to artificial intelligence technology.   This legal framework not only establishes a solid foundation for AI research, development, and implementation but also institutes specific regulations on risk management, user rights protection, and the promotion of responsible investment in this technological sector in Vietnam. This is considered a significant breakthrough, contributing to shaping the future development of the domestic AI industry.   New legal framework for artificial intelligence (AI) in Vietnam Legal definition of “artificial intelligence”   According to the Digital Te...

Construction contracting services are conditional business lines as stipulated in Appendix IV of the Law on Investment 2020 . Enterprises engaging in construction execution activities must meet the capacity conditions specified in sector-specific legal regulations, appropriate to the grade of construction works they intend to undertake. Below is an analysis of the capacity requirements that enterprises must meet before carrying out construction activities for Grade III works, in accordance with Decree No. 175/2024/NĐ-CP.   1. General Conditions for the Issuance of a Grade III Construction Competency Certificate 3   The construction capacity of an organization is assessed based on both the organization’s experience in executing work and the construction capacity of its individual personnel.   Requirement on organizational work experience: Organization engaged in execution of construction works grade III are not required to demonstrate prior construction experience thr...

Private tutoring, as defined in Article 2.1 of Circular No. 29/2024/TT-BGDDT, refers to teaching activities conducted outside the official instructional time of subjects in the general education curriculum or continuing education programs at lower and upper secondary levels, as promulgated by the Ministry of Education and Training. Tutoring activities not organized by schools (i.e., private tutoring outside school premises) are widespread throughout the country. Starting from February 14, 2025, there have been significant legal changes that individuals and organizations should be aware of.   1. Definition of Private Tutoring Outside School Premises   According to Article 2.1 of Circular No. 29/2024/TT-BGDDT, private tutoring is teaching conducted outside the instructional time prescribed in the official school schedule. Private tutoring outside school premises refers to such activities not organized or administered by the school.    2. Fundamental Principles of P...

With the trend of economic globalization and Vietnam’s growing openness to international trade, the problem of counterfeit goods, imitation products, and intellectual property rights (IPR) infringements has become increasingly complex and sophisticated. These issues not only cause severe damage to legitimate businesses but also undermine consumer trust, negatively affect the investment environment, and potentially endanger public health.   To effectively detect and address these violations, it is crucial to distinguish among the concepts of “counterfeit goods,” “IPR-infringing goods,” and “IPR infringement,” and to clearly understand the corresponding legal mechanisms. This article provides a systematic and practical overview of these issues.   1. Distinction Between “Counterfeit Goods” and “Imitation Goods” The term “imitation goods” is not officially defined in Vietnamese legal documents. It is a colloquial expression that refers to products that visually resemble genui...