What is Salary Payment Rules According to Labor Code 2019?

The employer shall pay the employee on the basis of the agreed salary, productivity and work quality. The salary written in the employment contract and the salary paid shall be made in Vietnam dong. If the employee is a foreigner working in Vietnam, the salary payment to foreigners can be made in foreign currency. The payment of salary to the employee by the employer has to follow salary payment rules clearly regulated under the labour to protect the interest of the employee and avoid disputes in employment relationship.

 

Employment Dispute Law Firm in Vietnam

Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.

Every time salary is paid, the employer shall provide the employee with a note specifying the salary, overtime pay, nightshift pay and deductions (if any).

An employee who receives an hourly, daily or weekly salary shall be paid after every working hour, day or week respectively, or shall receive a sum within not more than 15 days as agreed by both parties; an employee who receives a monthly or bi-weekly salary shall be paid after every month or every two weeks respectively, the payment time shall be periodic and agreed upon by both parties; an employee who receives a piece rate or a fixed amount shall be paid as agreed by both parties. In case a task cannot be completed within one month, the employee shall receive a monthly advance payment based on the amount of work done in the month.

In case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented, the salary shall be paid within 30 days. In case a salary is paid at least 15 days behind schedule, the employer shall pay the employee a compensation that is worth at least the interest on the amount paid behind schedule at the latest 1-month interest rate quoted by the bank at which the employee’s salary account is opened.

Failing to make payment or making underpayment of wages and salaries to employees is the breach of labor contracts which fines imposed on the employers will be at the following rates: a fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees; a fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees; a fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees; a fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees; a fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees. At the same time, the employers shall be compelled the full repayment of wage and salary plus the amount of late payment interest calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty for the violations.

According to the provisions of the Labor Code 2019, the employer must pay the employee directly, fully and on time. If due to force majeure, the employer has used all the remedial measures but cannot pay the salary on time, there is only maximum extension of 01 month for late payment. Passing this time limit, the employee has the right to unilaterally terminate the labor contract without prior notice or make complaints or filing lawsuits at competent agencies to resolve employment dispute. The time limit to request a labor mediator to settle an individual labor dispute is 06 months; the time limit to bring an individual labor dispute to the Court is 01 year from the date on which a party discovers the act of infringement of their lawful rights and interests. Employment dispute lawyers in Vietnam specializing in dispute could be engaged to protect best interest of parties involved and provide guidance to resolve in most effective ways.

Employees as well as the labor collective and employers should pay attention to selecting the most appropriate and optimal resolution solution when labor disputes occur.  It is also suggested to consult with labour lawyers of Employment dispute law firm in Vietnam speacializing in employment matters for efficiency.

 

 

 

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Successfully Register a Vietnam Trademark in the US

ANT Lawyers as an Industrial Property law firm with full IP license under Vietnam laws represented Live Forever Young Co., Ltd to submit an international application of trademark Live Forever Young trademark which designated the US according to the World Intellectual Property Organization (WIPO) on October 2021.

 ANT Lawyers IP law firm in Vietnam

Through the formal examination stage, on March 2021, WIPO issued a Certificate of Registration, which certifies that the above application conformed to the formal requirements of WIPO. Subsequently, WIPO notifies the Intellectual Property Office of the U.S. and this Office could conduct the substantive examination.

During the substantive examination stage, the United States Patent and Trademark Office (USPTO) issued a Non-final Office Action on May 2021. Subsequently, ANT Lawyers assisted the Client in preparing and submitting the corresponding response letter to USPTO.

After 7 months of substantive examination, on October 2021, the Live Forever Young trademark has been successfully registered in the US and USPTO issued a Registration Certificate. Accordingly, the registration will remain in full force and effect for a term of ten years from the date of issuance and may file a renewal.

Trademark registration in the US is very important for the client as this is the first step that uncovers the considerable opportunities for entering the potential market in the US. With the help of ANT Lawyers from experts in intellectual property as well as close cooperation relationships with IP law firm in different part of the world, ANT Lawyers IP law firm has assisted Clients in achieving their goals and while maximizing their rights and exploiting legal benefits from intellectual property as well as minimizing risks in the process of registration of trademark in Vietnam and international trademark registration in US.

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Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06)

The MOIT Receives the Dossier on Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06).

 

Anti-dumping Law Firm in Vietnam

On March 03th, 2020, the Ministry of Industry and Trade issued the Decision No.715/QD-BCT on extending the application of safeguard measure to DAP/MAP imported fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00. The extension period for application of safeguard measures is 30 months from March 7^th, 2020 to September 6^th, 2022 (if not extended).

According to the Article 69.1 Decree No.10/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, at least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.

The Trade Remedies Authority in Vietnam required the domestic producers of like or directly competitive products that wish to extent the duration of the safeguard measure shall submit an application for the extension of the safeguard measure.

The dossier including an application for the extension of the safeguard measure shall obtain the evidence, showing that the domestic industry has made necessary adjustments to raise its competitive capability, and the withdrawal of the safeguard measure will cause the serious injury or threat of serious injury to the domestic industry.

Deadline for submitting the dossier on requiring final review is before 5:00 P.M on October November 09^th, 2021.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Debt Trading Contracts in Vietnam

What Are Regulations on Debt Trading Contracts in Vietnam?

Along with the development of socio-economic activities, right to collect debt has become an asset right, hence its transferability is also recognized. Vietnam law recognizes debt as a commodity that can be traded through a debt trading contract. However, in order for the debt trading contract to be legally valid and ensure the rights and obligations are enforced, the parties need to pay attention to the provisions on the debt trading contract.

Debt trading contract in Vietnam

Firstly, in terms of the right to enter into a debt trading contract, according to the provisions of the Civil Code on the sale and purchase of property rights, the property right is the right to claim debt in Vietnam. Accordingly, the right to recover debt becomes the subject of a contract that the parties can transfer as if it were a special type of property. In addition, the debt trading contract aims to transfer ownership of the right of debt recovery and at the same time transfer the debt seller’s obligations to the debt purchaser. This is a transaction that does not affect the interests of the debtor totally. Therefore, the transfer of the right to demand does not require the consent of the obligor, whereby the parties can enter into a debt trading contract without the consent of the debtor.

Secondly, in terms of the form of the debt trading contract, based on the provisions of law prescribing debt trading contract by credit institutions and foreign bank branches, debt trading contract is a written agreement on the transfer of the right to collect debt for a debt arising from a lending operation, payment on behalf of the guarantee, whereby the debt seller transfers ownership of the debt to the debt purchaser and receives payment from the debt purchaser. Therefore, the debt trading contract must be made as a written document.

Furthermore, the debt trading contract must be signed by the legal representative or the authorized representative of the debt purchase and sale parties. Therefore, according to this provision, the debt trading contract does not require the parties to be notarized or authenticated. If necessary, the parties can agree on the notarization or authentication of the debt trading contract. In addition, the parties can make an agreement that the contract can be made in a foreign language and the parties need to consent on which language of the contract will be used in case of a dispute arisen. In addition, in case the debt purchaser and debt seller are organizations with legal status, in addition to the legal representative to sign, the contract needs to be stamped. These are strict regulations on the established form to ensure the legality of the contract’s form.

Thirdly, when drafting a debt trading contract, it must contains the following principal contents: (i) Time for signing the debt trading contract; (ii) Names and addresses of the parties to the debt trading contract; (iii) Name and title of the representative of the parties to the debt trading contract; (iv) Name and address of the debtor and related parties (if any) to the purchased or sold debt; (v) Details of debt purchased and sold: Loan amount, loan period, purpose, book value of the debt up to the time of debt purchase and sale; (vi) Security measures for the debtor’s payment obligation for the purchased or sold debt (if any); (vii) Debt selling price, payment method, payment term; (viii) Time, method and procedures for transferring debt documents and records, including dossiers and documents on debt security (if any); The time the debt purchaser becomes the subrogator, the debt seller has obligations; (ix) Rights and obligations of debt sellers and debt buyers; (x) Liability of the parties for breach of contract; (xi) Settlement of arising disputes. These are the basic and mandatory contents of a debt trading contract. In addition, the parties can make agree on other contents in the debt trading contract that are not contrary to the provisions of the laws.

In addition, during the implementation of the debt trading contract, the law allows the parties to agree to amend, supplement or cancel the content of the debt trading contract. However, the decision to amend, supplement or cancel must be based on ensuring compliance with the provisions of law.

Therefore, the establishment of a debt trading contract in Vietnam is basically the same as other property rights transfer transactions. However, debt is a special object of property rights, therefore the parties need to strictly comply with the provisions of law on the content and form of the contract to ensure the legality of the contract as well as the rights and obligations of the parties. It is suggested to engage lawyers with specialization in debt recovery and dispute resolution to assist drafting or reviewing debt trading contract for its effective usage.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.        

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Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam

MOIT Implements the Final Review of Applying the Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam.

On August 21st, 2017, the Ministry of Industry and Trade issued Decision No.3283/QD-BCT on applying the official anti-dumping measure to imported galvanized steel products. The anti-dumping measure is applied until September 05th, 2022 (except having any changes, extend according to the regulations of the laws)

Anti-dumping Law Firm in Vietnam

According to the regulations of the Law on Foreign trade management and WTO Anti-Dumping Agreement, on October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on final review of applying the Anti-Dumping Measures to H-Shape Steels imported from China (Case No.ER01. AD03).

1.The reviewed products:

Some of H-Shape steels imported from China are holding HS Code 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10, 7228.70.90. The current anti-dumping tax for these products is from 19.03% to 29.17% dependent on the exporter.

2.The scope of the review:

i. Assess the possibility of imported goods being dumped if anti-dumping measures are terminated;

ii. The possibility that the domestic industry will suffer material injury or be threatened with material injury if the application of anti-dumping measures is terminated; and

iii. A causal relationship between the possibility of dumping and the possibility of injury suffered by the domestic industry;

iv. Other contents as prescribed by laws;

3.Registering for the related parties

The parties according to Article 74 Law on Foreign trade management could register to related parties, including:

i. Overseas organizations and individuals that produce and export products under consideration to Vietnam;

ii. Importers of products under consideration;

iii. Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

iv. The Government and competent authorities of the exporting country of product under consideration;

v. Organizations and individuals that submit the application for the trade remedies;

vi. Domestic producers of like products;

vii. Domestic associations whose majority of members are producers of like products;

viii. Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

4.The questionnaire for final review

Within 15 days since the issuance of the decision on review, the investigating authority shall send the questionnaire for review to the following subjects:

i. The review requesting party;

ii. The reviewed party;

iii. Other involved parties deemed necessary by the investigating authority.

Within 30 days after receiving the questionnaires for review, the concerned parties must provide written replies to all questions in the questionnaire.

5.The time limited for the final review

The time limit for the final review is 09 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Investigation Questionnaire for Foreign Manufacturers and Exporters

 Investigation Questionnaire for Foreign Manufacturers and Exporters in Case of the Final Review (Code of case ER01.AD03).

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on the final review of the application of anti-dumping measures to a number of H-shaped steel products originating from People’s Republic of China (China) imported into Vietnam (Code of case ER01.AD03).

On October 29^th, 2021, Department of Trade Remedies issued Official Letter No.839 /PVTM-P1 on the issuance of the Investigation Questionnaire for foreign manufacturers and exporters in the case ER01.AD03.

The Investigating Authority requires all relevant foreign manufacturers/exporters to cooperate and participate sufficiently during the investigation. The content of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority, including conducting on-site investigations abroad according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority directly to Investigation Authority before 17:00 December 05^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.      

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What Are the Order of Disciplining Employee in Vietnam?

 Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations. It can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action. The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers in Vietnam for advice to protect their best interests.

Employment Dispute Law Firm in Vietnam

Firstly, the employer must confirm the employee’s violations

In the cases where an employee found committing a violation, the employer shall issue an offence notice, inform the employee representative organization (or the employee’s parent or legal representative if the employee is under 18) in order to hold a disciplinary meeting.

Secondly, issuing notice of the disciplinary meeting

This step is only carried out in case the employer detects violations of labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the fault of the employee and the statute of limitations for disciplining.

The employer sends the notice with the content, time and place of the meeting to handle the labor discipline to the organization representing the labor collective at the grassroots level; workers; In the case of a person under 18 years old, there must be the participation of a parent or legal representative.

The employer must ensure these recipients receive notice before the meeting takes place and conduct a labor discipline meeting with the participation of the notification components.

Thirdly, conducting a disciplinary meeting

It is mandatory to have the minutes of the disciplinary meeting, which have to be approved by the participants before the end of the meeting. The minutes shall bear the participants’ signatures. If any participant that refuses to sign the minutes, there should be explanation.

Fourthly, disciplinary decisions

The person that concludes the employment contract on the employer’s side also has the power to issue the disciplinary decision. The disciplinary decision shall be issued before expiration of the original or extended time limit for penalty imposition specified the labour code.

The disciplinary decision shall be sent to the employee (or his/her parent or legal representative if the employee is under 18) and the employee representative organization.

ANT Lawyers is an employment dispute law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

     

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Dispute Attorneys in Hanoi

ANT Lawyers law firm could assist clients on dispute resolution matters throughout Vietnam from office in Hanoi.

Dispute attorney in Hanoi

We have dispute attorneys in Hanoi with qualification and experience to assist client to resolve dispute in Vietnam.

We have been representing clients in dispute in various sectors i.e. dispute in international trade, dispute in commercial transactions, dispute in partnership or shareholder agreement, dispute in property sales and purchase, dispute in intellectual property, dispute in finance, dispute in maritime matters.

Our expertise, experience, and understanding of Vietnam culture allow us to offer client a suitable and flexible solutions to the matters, taking into consideration of commercial perspective of the issues the client face, and take the client throughout the stages of litigation proceeding at Vietnam national or provincial courts, and arbitration centers.

If possible, we advise client on alternative dispute resolution, including mediation, which our lawyers are well trained and certified internationally in US and EU with adaption of skills to Vietnam cultures to help client resolve conflicts without formal proceeding to save cost, time and maintain the relationship between disputed parties.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

ANT Lawyers - a dispute law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services.

 You could learn more about ANT Lawyers Dispute Practice or contact our dispute attorney in Hanoi, for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529.      

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Trade Re­­­medies for Polyester Long Fiber Products

How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

 

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Ind­ustry and Trade issued Decision No.2302/QD-BCT on on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Trade Remedies for Polyester Long Fiber Products

 How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Industry and Trade issued Decision No.2302/QD-BCT on on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

      

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