Can an Uber driver be regarded as an employee under Vietnamese law?

The UK court has recently considered that an Uber driver is a worker of Uber under UK employment law. In this post, we will consider if similar conclusion could be reached under Vietnamese law using the UK court’s reasoning. Under Labour Code 2019, an employee means a person working for an employer pursuant to an agreement, such person is paid wages and he/she is subjected to management and supervision by the employer. Based on the definition of employee under the Labour Code 2019, it is more likely than not a Uber driver or, since Uber has left Vietnam, a similar “gig” driver could argue that he/she is an employee of the platform owner instead of a third party contractor using the arguments raised by UK court.

The table below provides a more detailed analysis:

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Written by Nguyen Quang Vu On In ,

Nature of “voucher” business under Vietnamese law

In Vietnam, vouchers are now not only used as a method of promotion, but also as a kind of “product” sold by many e-commerce platforms. In particular, a voucher trader could sell vouchers to its users, which could be used for certain goods or services provided by certain suppliers. The users will then use the voucher to obtain the goods or services from the suppliers usually at a discounted price. As our analysis below will show, the legal nature of voucher business under Vietnamese law is unclear, and therefore business models based on trading of voucher could give rise to certain risks.

Voucher is not a kind of good or service

Although the law is silent on this matter, Vietnam governmental authorities seem to take the view that voucher is neither goods nor service:

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Written by Nguyen Quang Vu On In ,

Hyperlink cross-references in contracts in Vietnam

It is quite common to cross-refer to a document in a contract by placing an internet hyperlink to such document (e.g., privacy policy or website standard terms). This practice should be valid under Vietnamese law. This is because:

· Under the Civil Code 2015, a contract may have appendices attached to it which provide details on certain term and conditions of the contract. The law does not clearly regulate the form of the appendices of the contract and the word “attached to” has a broad interpretation that may be general enough to cover an internet hyperlink to the main contract.

· Article 119.1 Civil Code 2015 allows a civil transaction by way of electronic means in the form of data messages in accordance with the Law on E-transaction will be deemed to be written transaction. Under the Law on Electronic Transactions 2005, a contract can be presented in the form of data messages and still valid and binding.

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Written by Nguyen Quang Vu On In ,

Decree 10/2020 and ride-hailing platforms in Vietnam

On 17 January 2020, the Government issued a new Decree (Decree 10/2020) to replace Decree 86 dated 10 September 2014 (Decree 86/2014) regulating road transportation services by cars. This new Decree introduces updated regulations to govern a growing number of ride-hailing platforms in Vietnam (or at least the parts of such platforms associated with automobile transportation).

Previously, Grab Company Limited (Grab VN) is permitted by the Ministry of Transportation to act as an intermediary connecting automobile transport business entities and passengers to provide its automobile ride-hailing platform (i.e., GrabCar). With the new Decree 10/2020, if Grab VN (and other entities conducting similar business) directly manages vehicles or chauffeurs, or determines the transport fare, they would be considered as conducting transportation by automobile business instead as “conducting business of transport by automobile” (kinh doanh vận tải bằng xe ô tô) is defined as: the act of performing at least one of the main steps of transport activities (being directly managing vehicles and chauffeurs, or determining the transport fare) in order to transport passenger or goods on road for profit.

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Written by Nguyen Quang Vu On In ,