Legal Framework On E-Learning Businesses In Vietnam

The recent years have witnessed a rapid growth of the e-learning market in Vietnam, especially since the Covid-19 outbreak. Despite that, a clear legal framework for e-learning business under Vietnamese laws is still unavailable. This post will discuss some legal issues concerning the provision of e-learning services.

Mode of delivery

In general, e-learning business could be provided to students via two main modes:

  • Non-interactive mode, where students will pay to have access to learning materials prepared by the service providers (e.g., pre-recorded lectures, books, etc.), and there is no live interaction between students and teachers. The students are expected to self-study the materials provided by the service provider; and

  • Interactive mode, where in addition to access to study materials, students will pay to attend online classes held by teachers, and there is live interaction between students and teachers.

    During the Covid-19 pandemic, e-learning via interactive mode has grown substantially and become a favorite choice for students and their parents. However, the legal framework regulating e-learning via interactive remains undeveloped as the laws only regulate education services via traditional methods.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

New Decree On Industrial Zone In Vietnam

On 28 May 2022, the Government issued Decree 35 on management of industrial zones (IZ) and economic zones (Decree 35/2022) to replace Decree 82/2018 on the same matters (Decree 82/2018). Decree 35/2022 will be in effect from 15 July 2022.

Decree 35 introduces several significant changes as compared with Decree 82/2018 which are expected to create a more simplified legal framework for investors making investment in IZ projects.

1. New models of IZ

Decree 35/2022 introduces two new models of IZ, including:

Read MoreInfo
Comment
Written by Lawyers VNLaw On In , ,

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.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

New Amendments To Investment Law, Enterprise Law, Electricity Law, Residential Housing Law and Other Laws

On 11 January 2022, the National Assembly passed a new law amending 09 laws, including Public Investment Law, Public-Private Partnership Law, Investment Law, Residential Housing Law, Tendering Law, Electricity Law, Enterprise Law, Law On Special Consumption Tax, and Law On Civil Judgment Enforcement (Law 03/2022). Law 03/2022 will come into effect on 1 March 2022. In this post, we will discuss some new key points of Law 03/2022.

1) Enterprise Law 2020

Change of the term “members of the Members’ Council” into “members of the company”

As discussed before, the Enterprise Law 2020 (Articles 49 and 50) only provides for the rights of members of the Members’ Council, but not the rights of the members of the LLC. And many rights of the members of the Members’ Council should be the rights of the members of the LLC such as rights to subscribe for new capital increase or to receive dividends paid by the LLC. The change of the term “members of the Members’ Council” into “members of the company” in Articles 49 and 50 has successfully resolved this problem, although in other provisions, the Enterprise Law 2020 still does not distinguish between the positions of members of the LLC and members of the Members’ Council of the LLC.

Removal of requirement on signatures of dissenting members on meeting minutes; personal liability of the chairperson and the person writing the minutes

The requirement that meeting minutes of the Members’ Council must include signatures of members who disagree to pass such meeting minutes is now removed.

In addition, in the event that the chairperson of the meeting of the Members’ Council/Board Of Directors or the person writing the minutes refuses to sign the meeting minutes, for such minutes to be effective, the Enterprise Law 2020 no longer requires all attending members of the meetings to sign, and only the signatures of the attending members who agree to pass the minutes are necessary. Also, in such event, the chairperson or the person writing the minutes who refuses to sign such minutes must bear personal liability for any loss arising to the company due to their refusal.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In , , , ,