Category: Newspaper

INITIATING WTO LAWSUIT AGAINST THAILAND’S EXPORT SUBSIDY ON SUGARCANE SUBSIDIES:“ĐÒN GIÓ BẺ MĂNG”? Dr.Le Thi Anh Nguyet * Thailand government has implemented a variety of subsidies programs on its sugarcane to support the industry [1]. In response to the negative injuries from these subsidizes programs, Vietnam has also simultaneously imposed preliminary anti-dumping and countervailing duties, […]

Since January 1, 2021, the Vietnam Labor Code (“Labor Code“) 2019 has enabled enterprises and employees to settle their individual labor disputes by labor arbitration (“Labor Arbitration” ). This is expected to be an impartial and coherent mechanism and at the same time, private enough to balance the legitimate rights and interests of the parties. However, the labor […]

“The Battle” with single use plastic products have yet to bring about any positive results. We do not lack solutions, what is missing here is the practicality of these solutions. The lack of determination by the authorities to persevere with the right management tools leads to this war becoming an … impossible mission. Choose economic factors as the center, but … To deal with environmental problems in general and the […]

Recently, during occasions to provide consultation for clients, as well as in participating at conferences or forums on labour law and human resources management, the matter that appears to be of most concern is whether the agreement between employer and employee regarding the commitment not to work for competitors (known as Non-Competition Agreement) (“NCA”) after […]

Increasing the environmental protection tax rate in regards to production from VND40,000 up to VND200,000/kilogram of produced plastic carrier bags as drafted by the Ministry of Finance appears to only make an impression on figures. Since the end of the period of 2014-2016, during a training course at a UK university, I have witnessed an […]

It is normal and recommended to allow a subsidiary which operates ineffectively and falls into insolvency to go bankrupt for the sake of a healthy business environment. However, except for subsidiaries which are only the front companies to conceal non-transparent or illegal business activities of parent companies, the bankruptcy of an enterprise causes losses to […]

In the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]

The panel hearing the case between Vinasun and Grab appears to be taking the more prudent approach before giving a ruling. It has adjourned the first-instance hearing until 22/11/2018; to have more time to verify and collect evidence before providing its conclusion regarding the alleged VND41 billion damage suffered by Vinasun. However, whatever the result […]

Demand to sign agreements regarding information security and noncompetition (Non-Disclosure-Non-Competition Agreement, abbreviated as NDA), which often incorporates a commitment to not work for a competitor after an employee terminates the labour contract (Non-Competition Agreement, abbreviated as NCA), is rapidly increasing in most domestic and foreign enterprises. However, the realistic effect of limiting the right to […]