bai-bao-ba-huan

From the story between Ba Huan and VinaCapital: Discussing the language dispute in the contract

The requirement of caution when being about to participate or when negotiating and signing civil, commercial transactions in general, and mergers and acquisitions transactions (M&A) in particular is not a new issue, but again, it cannot be taken lightly. When there is a situation of serious content deviation between the Vietnamese version and the foreign […]
Continue Reading
Battle-against plastic carrier bags-Experience from England

“Battle” against plastic carrier bags: Experience from England

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 […]
Continue Reading
When-subsidiaries-go-bankrupt-can-creditors-seek-compensation-from-parent-companies

When subsidiaries go bankrupt – can creditors “seek compensation” from parent companies?

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 […]
Continue Reading
contract-nda-signing

Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?

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, […]
Continue Reading
vinasun-grab-dispute

Vietnam: May the buffalo sue the tractor?

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 […]
Continue Reading
The efficiency of the Non-Disclosure Agreement in protecting business secrets

The efficiency of the Non-Disclosure Agreement in protecting business secrets

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 […]
Continue Reading