Eligibility to Enter Vietnam During COVID-19 Emergency

Currently the Government of Vietnam still maintains suspension of entry for expats, including people with a Vietnamese visa exemption certificate.  A potential date to allow foreigners to enter Vietnam again has not been formally announced by the Government yet, though further information is expected imminently.

To read the full text of this post by Duane Morris partner Giles Cooper,  please visit the Duane Morris Vietnam Blog.

Force Majeure Events and E-signatures: COVID-19 Guidance for Businesses in Vietnam

The COVID-19 pandemic has given rise to many questions regarding force majeure and e-signatures. In particular, parties to commercial contracts are keen to know (i) whether they can be released from liabilities by relying on a force majeure clause and (ii) whether they can execute contracts by electronic signatures instead of the traditional “wet ink” signatures, which have become almost impossible in the context of the COVID-19 pandemic.

To read the full text of this post by Duane Morris Vietnam partner Giles Cooper, please visit the Duane Morris Vietnam Blog.

MPI Proposes Measures to Support Businesses in Vietnam and Promote Disbursement of Public Investment Capital Amid COVID-19

On 23rd April 2020, The Ministry of Planning and Investment issued Document No. 2640/BKHDT-TH to consult related government agencies on a draft resolution of the government on solutions to remove difficulties for production and business, promote disbursement of public investment capital and ensure social order and safety in the context of COVID-19.

To read the full text of this post by Duane Morris Vietnam partner Oliver Massmann, please visit the Duane Morris Vietnam Blog.

Deferral of Tax and Land Rental Payment: COVID-19 Guidance for Businesses in Vietnam

The Government on 8 April 2020 issued Decree 41/2020/ND-CP on extension of deadlines for taxes and land rental payment (“Decree 41”) with immediate effect to support businesses, among other subjects, affected by COVID-19 pandemic.

To read the full text of this post by Duane Morris Vietnam partner GIles Cooper, please visit the Duane Morris Vietnam Blog.

COVID-19 in Vietnam: Implementation of Laws Not Unified in All Provinces

The COVID-19 outbreak has been declared a public health emergency of international concern by the World Health Organization, causing huge impact on people’s lives, families and communities. Organizations are under certain concerns about the continuity of their business as how long the pandemic lasts for, a possible suspension order, unwanted contract terminations, force majeure issues, reduction of price, etc.

To read the full text of this blog post explaining the latest update on the Government’s instruction on the business continuity by Duane Morris Vietnam partner Oliver Massmann, please visit the Duane Morris Vietnam Blog.

Vietnam’s Renewable Energy Industry Amid Covid-19: Facts, Force Majeure and (Patchy) Government Support

Vietnam’s renewable energy development over the past three or so years can variously be described as frenetic, chaotic and heartening. Look past all the noise about non-bankable agreements, insufficient transmission infrastructure and bureaucratic black holes, and it’s clear the market has spoken. Vietnam currently has the largest installed solar capacity in Southeast Asia and is taking strides on wind too. Between May and July 2019, an incredible 82 ground mounted solar plants were connected to the national grid (total of 4,464 MW), more than 400% the target that had been set for 2020. The Ministry of Industry and Trade recently announced that the country is aiming to boost power output produced by renewable energy to about 23% by 2030.

The sector as a whole is also poised on the brink of a new phase. Feed in tariffs are coming to an end, low hanging fruit projects have been developed and local banks’ capacity to continue to finance development is stressed. Meanwhile, energy demand rises steadily and right-minded global citizens are clamoring for an end to coal and a rapid transition to renewable energy sources.

Into this heady mix arrived a novel corona virus and the disease known as COVID-19.

To read the full text of this post by Duane Morris Vietnam partner Giles Cooper, please visit the Duane Morris Vietnam Blog.

MOLISA’S Proposals for Handling Distressed Employment Arrangements – COVID-19 Guidance for Employers in Vietnam

Recent guidance from Vietnam’s labor authorities provide some welcome clarity about how employers can act in these unique times and simultaneously underline that normal labor laws still apply. Employers who act in breach of the law are at risk.

The Ministry of Labor, War Invalids and Social Affairs (“MOLISA”) has just released Official Letter No. 1064/LDTBXH-QHLDTL (“OL 1064”) dated 25 March 2020 to provide guidance on employment arrangements for enterprises affected by the impact of the Covid-19 pandemic.  As follow up, the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs (“DOLISA”) issued Official Letter No. 9403/SLDTBXH-LD (“OL 9403”) dated 27 March 2020 to provided further guidance for enterprises located in Ho Chi Minh City.

To read the full text of this post by Duane Morris Vietnam partner Giles T. Cooper, please visit the Duane Morris Vietnam Blog.

COVID-19 Guidance for Employers in Vietnam

Employers the world over are facing unprecedented issues brought about by the COVID-19 pandemic. Vietnam employers are no different. They need to be able to both respond rapidly and decisively to actual facts and formal and information government direction as it arises and simultaneously comply with legal obligations set out in law and statute. What trumps what?

To read the full post from Duane Morris Vietnam partner Giles Cooper, please visit the Duane Morris Vietnam Blog.

COVID-19 Guidance for Vietnam-law Employers: Remuneration Focus

COVID-19 undoubtedly has impacted your business or workforce in some way. The past period has been full of challenges for all employers as we all face the actual influence of this difficult-to-control global pandemic. Clearly, this is a unique and rapidly-developing situation.

In Vietnam, the Prime Minister formally issued Decision 173/QĐ-TTg declaring that the corona virus is an epidemic (issued 1 Feb 2020 and effective on same date).   With a focus on remuneration payment to employees during the epidemic season, this article is provided based on current laws and, where relevant and available, Government ad-hoc policy and guidance.

To read this full blog post by Duane Morris partner Giles Cooper, please visit the Duane Morris Vietnam Blog.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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