Sending of notices under VIAC’s rules

A party to an arbitral proceedings under VIAC’s rules must send its notice and other submission to VIAC which will then forward the notice and submission to the other parties to the proceeding. This is different from SIAC’s rules which allow each party to send notice and submission directly to each other with a copy to SIAC. This arrangement is not effective and could give rise to potential challenges if VIAC does not handle the sending of notices and documents correctly.

Rule 3.2 provides that VIAC will send notices and documents to the parties at the addresses provided by the parties. If a party provides VIAC with more than one address (e.g., office addresses and email addresses, or addresses of the respondent and their counsels), then it is not clear if VIAC should send notice and documents to all the addresses provided to it or VIAC only needs to send notice and documents to only one of the addresses provided to it. The wording of Rule 3.2 seems to suggest that VIAC should send notices and documents to all addresses provided to it by the parties.

Requirement for contracting parties’ consent in case of de-merger of a Vietnamese company

It is not clear whether, in case of a de-merger of a Vietnamese company, the remaining company must comply with the procedures for transferring contractual rights and obligations under the Civil Code 2015 including obtaining consents from its contracting parties. Under Enterprise Law 2020, a limited liability company or a joint stock company (remaining company) may be de-merged by the following mechanics:

· transferring a part of assets held by remaining company to a new company; and/or

· transferring a part of the rights and obligations of remaining company to new company.

And the remaining company continues to exist after the de-merger.

NEW RESOLUTION LOOSENING EMPLOYEES’ OVERTIME CAP

To support enterprises to deal with the labor shortage during the Covid-19 pandemic, on 23 March 2022, the Standing Committee of the National Assembly of Vietnam passed Resolution 17 to loosen the overtime limit of employees as compared to the Labor Code 2019 (Resolution 17/2022).

Annual overtime hours

Under Article 107.2(c) of the Labor Code 2019 and Article 61 of Decree 145/2020, the overtime hours of employees is capped at 200 hours per year, except for certain specific cases where the employees can work overtime up to 300 hours/year. Exceptional cases are limited to some production industries, or certain circumstances (e.g. to resolve tasks requiring high expertise or technical skills where the labour market cannot satisfy, or in emergency situations), or other cases allowed by the Government.

A Detailed Analysis Of Decree 31/2021 Implementing The Investment Law 2020

On 26 March 2021, the Government issued Decree 31 to detail and guide the implementation of the Investment Law 2020 (Decree 31/2021). Decree 31/2021 took effect on the signing date and replaced Decree 118/2015 guiding the Investment Law 2014 and other related documents. Decree 31/2021 provides some notable points which are new in comparison with Decree 118/2015 and other related documents. This post will discuss such new points in details as below.

This post is written by Trinh Phuong Thao and edited by Hoang Thi Thanh Thuy.

Please download the post in pdf here.