How does the Vietnam Labor Code regulate probation?

 How does the Vietnam Labor Code regulate probation?

Probation is an understanding between a representative and a business on a trial work in a specific timeframe as per the arrangements of regulation. Both the employer and the employee should go through a trial period before signing a labor contract to see if they can work together in the long run. The Labor Code and other relevant guidelines should be followed during the probation. The Labor Code 2019 comes into force as of January first, 2020, various new guidelines as needs be are given in association with the probation, which each organization ought to  review the matter with its labour dispute lawyers in Vietnam for compliance.

This contract does not apply to employment for less than one month, regardless of the circumstances under which it may be entered into. The probationary clause is not required to be included in the labor contract by the 2012 Labor Code. As a result, an employer and employee may negotiate the probation, as well as their respective rights and responsibilities during the probation period. If the parties are in agreement about the probation, they can sign a probation contract. On the off chance that the probation work meets the necessities, the business will finish up a work contract with the representative. It is clear from these provisions that a separate probationary contract between the employer and employee is required.

When the probation period is over and the employee satisfies the employer's recruitment requirements, the labor contract should be signed. As per the most recent arrangements in the Labor Code 2019, the business and the representative might settle on the probation expressed in the work contract or a different trial contract. If the labor contract includes a probationary period, the employer is obligated to continue carrying out the current agreement once the employee has met all of the requirements. In that case, a new labor contract must be signed.

Based on the nature and complexity of the job, the Labor Code decided how long the probation period had to be. For positions requiring a college degree or higher, the probationary period was previously limited to no more than 60 days. Currently, executives can extend their probationary period by up to 180 days. The owner of a sole proprietorship, the partner of a partnership company, the chairperson or member of the Board of Members, the President of a company, the President or member of the Board of Directors, the Director/General Director, or the holder of another managerial position prescribed in the company's charter (applicable to the enterprise without state capital) are examples of executives who play a significant part in the business and operation of the businesses.

The Labor Code 2019 made another change to the cancellation of probationary contracts, removing the restriction on the right to cancel. Consequently, during the probationary period, either party may terminate the labor contract or probationary contract without penalty or prior notice. On the other hand, if the probationary job does not meet the requirements that the employer and employee have agreed upon under the Labor Code 2012, the probation may be terminated.

The primary purpose of probationary periods is to determine whether an employee and employer are compatible at the outset of an employment relationship. To avoid a potential dispute in Vietnam, businesses as employers must have a clear understanding of the principles of entering into a labor contract and a probationary contract.

ANT Lawyers is an international law firm in Vietnam with English speaking lawyers, located in the business centers of Hanoi, Danang and Ho Chi Minh City with international standards, recognized by IFLR1000. We are Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services.

Read More

What are Languages in Arbitration Proceedings in Vietnam?

 What are Languages in Arbitration Proceedings in Vietnam?

Article 10 of the Vietnam Law on Commercial Arbitration says that if both parties are Vietnamese, the language used in arbitration proceedings to settle a dispute is Vietnamese, or a language agreed upon by both parties if one of them is a foreign-owned business. Specifically:

Except for disputes in which at least one party is a foreign-invested enterprise, the language of arbitration is Vietnamese for disputes with no foreign component. A dispute party may employ an interpreter if it is unable to speak Vietnamese.

For questions including unfamiliar components or debates to which no less than one party is an unfamiliar contributed undertaking, the gatherings will agree on the language to be utilized in arbitral procedures. The arbitration council will decide on the language to be used in arbitration proceedings if they do not have such an agreement.

Arbitration lawyers in Vietnam can also help clients with a variety of issues, such as choosing an arbitrator, choosing the rules for the arbitration, choosing an ad hoc or institutional arbitration, choosing a location for the arbitration, and getting an arbitral award enforced.

Read More

How Foreigners Can Easily Own a House in Vietnam?

 How Foreigners Can Easily Own a House in Vietnam?

Because making an overseas property investment is a significant decision, it is recommended that the investors consult with real estate dispute lawyers in Vietnam for assistance in determining the developer's eligibility, construction permits, and other project-related legal documents. To ensure the protection of rights, reduce risks, and ensure compliance, it is essential to review the transaction documents in relation to the deposit agreement, sales agreement, and any other agreements the developer might propose.

On November 25th, 2014, the National Assembly of the Socialist Republic of Vietnam has approved the Housing Act 2014. The fact that a foreigner can buy a house in Vietnam is one of the most notable new changes.

Houses can be owned by foreign organizations and individuals in Vietnam:

-Overseas organizations and individuals putting resources into lodging development under projects in Vietnam as per the arrangements of the Housing Law and related authoritative archives;

-In Vietnam, businesses with foreign investment capital are operating, as are foreign investment funds, foreign bank branches, branch or representative offices of foreign businesses, and foreign investment funds.

-Foreign citizens are allowed to enter Vietnam.

What are forms of ownership housing foreigner in Vietnam?

-investment in the construction of housing in Vietnam as part of the project, in accordance with the Housing Law and related legislation;

-Apartments and single-family homes are included in the investment projects of housing construction. Commercial housing can be purchased, leased, donated, or passed down. (With the exception of housing projects aimed at safeguarding Vietnam's national defense and security, as mandated by the Government of Vietnam).

What are conditions, rights and obligations of foreigner when buy house in Vietnam?

For people or associations putting resources into lodging development under a project in Vietnam while seeking to possess houses in Vietnam they should fulfill the accompanying circumstances:

-Have an investment certificate

- Have housing developments constructed within the project in accordance with housing law.

When looking to buy a house in Vietnam, foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches must meet the following conditions:

-Have investment certificates or documents relating with the license to operate in Vietnam gave by the skillful State offices of Vietnam.

Foreign individuals buying a house in Vietnam

-Allowed entry into Vietnam, but do not entitled to diplomatic and consular privileges and immunity.

Foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches in Vietnam, as well as individual foreign buyers of homes in Vietnam, are eligible to own homes in Vietnam when:

-Rent, buy, donate, inherit, or own no more than 30% of an apartment building's units; Foreigners are not permitted to buy, lease, donate, inherit, or own more than two hundred fifty individual houses, including villas and semi-detached houses, in areas with a population equivalent to that of ward-level administrative;

-In accordance with the terms of the contract of sale, lease, donation, or inheritance, foreign individuals are entitled to own a home for a maximum of 50 years from the date of issuance of the certificate of ownership, which may be extended as required by the government. The certificate must also specify the period of ownership of the property;

-In the case of foreign individuals married to a citizen of Vietnam or hitched to a Vietnam resident got an outside country, they can possess the houses for a long and stable term. Additionally, like Vietnamese citizens, they enjoy owner rights;

Foreign organizations shall have the right to own a house in accordance with the contract of sale, lease, donation, or inheritance, but not longer than the period outlined in the certificate of ownership, which may include an extended period. The time it takes to own a house starts on the date the certificate of ownership is received and is listed on the certificate.

Read More

How to get an apartment in Vietnam?

 How to get an apartment in Vietnam?

Vietnam's real estate market, including apartment, has stabilized following the most difficult period. However, it needs to make a lot of changes to the laws in order to meet the 90 million people's demand for housing. Real estate dispute lawyers in Vietnam will update the proposal of an expert in issue of definite ownership apartment.

As in many other nations, such as England, the right to own a home lasts 999 years, but in Vietnam, the government has only given out two types of land: permanent assignment and definite assignment.

When the first method was used, permanent land assignments were made to residential land, and almost all apartments that came with the term "permanent" were bought on the market.

In the second, lands were allotted, and investors continued developing the projects within 50 years. This kind of project existed in some apartment buildings in Ha Noi and Ho Chi Minh City. After that, the investors went through the steps to change the apartment's definite ownership to permanent ownership. Thusly, really, the cost of apartment will decrease if the form of definite ownership is applied.

Regulating the apartment's definite ownership for 50 to 70 years will benefit reconstruction and improvement in the event of depreciation or usage expiration.

It is important to engage reliable law firm in Vietnam specializing in real estate transaction for buying an apartment in Vietnam to avoid potential disputes and protect their best interest for seller and safeguard investment for buyer.

Read More

How Probation is Regulated in Vietnam Labor Code

 How Probation is Regulated in Vietnam Labor Code?

An agreement between an employee and employer for a probationary position for a predetermined amount of time in accordance with legal requirements is known as probation. Both the employer and the employee should go through a trial period before signing a labor contract to see if they can work together in the long run. The Labor Code and other relevant guidelines should be followed during the probation. The Labor Code 2019 comes into force as of January first, 2020, various new guidelines likewise are given in association with the probation, which each organization ought to audit the matter with labour dispute lawyers in Vietnam for compliance.

Concerning conditions which are allowed to go into a trial contract, this agreement isn't material to the work term which is under multi month. The Labor Code 2012 doesn't need that the trial arrangement should be specified in the work contract. As a result, an employer and employee may negotiate the probation, as well as their respective rights and responsibilities during the probation period. If the parties are in agreement about the probation, they can sign a probation contract. The employer is required to sign an employment contract with the employee if the probation work meets the requirements. It is clear from these provisions that a separate probationary contract between the employer and employee is required.

When the probation period is over and the employee satisfies the employer's recruitment requirements, the labor contract should be signed. Employer and employee may agree on a separate probationary contract or the probation that is outlined in the labor contract, as per the most recent provisions of the Labor Code for 2019. If the labor contract includes a probationary period, the employer is obligated to continue carrying out the current agreement once the employee has met all of the requirements. In that case, a new labor contract must be signed.

Based on the nature and complexity of the job, the Labor Code decided how long the probation period had to be. For positions requiring a college degree or higher, the probationary period was previously limited to no more than 60 days. Currently, executives can extend their probationary period by up to 180 days. The owner of a sole proprietorship, the partner of a partnership company, the chairperson or member of the Board of Members, the President of a company, the President or member of the Board of Directors, the Director/General Director, or the holder of another managerial position prescribed in the company's charter (applicable to the enterprise without state capital) are examples of executives who play a significant part in the business and operation of the businesses.

Another amendment to the cancellation of the probationary contract, the Labor Code 2019 removed the limitation of the right to cancel. Accordingly, during the probationary period, each party has the right to cancel the probationary contract or labor contract entered into without prior notice and compensation. On the contrary, the employee and the employer may cancel the probation if the probationary job does not meet the requirements that the parties have agreed upon under the Labor Code 2012.

The primary purpose of probationary periods is to determine whether an employee and employer are compatible at the outset of an employment relationship. To avoid a potential dispute in Vietnam, businesses as employers must have a clear understanding of the principles of entering into a labor contract and a probationary contract.

Read More

When Arbitration Lawyers in Vietnam Could Settle a Dispute?

 When Arbitration Lawyers in Vietnam Could Settle a Dispute?

Under the Law on Business Mediation powerful Jan first, 2011, and other directions, on a basic level, discretion must be utilized in questions among parties that emerge from business exercises, debates among parties something like one of whom conducts business exercises, and different debates among parties which are specified by regulation to be settled by intervention in Vietnam. From drafting the arbitration agreement to resolving the arising dispute, an arbitration lawyers in Vietnam should be consulted.

Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arises.

At the point when the court is mentioned to determine one of the debates of the above sorts which a legitimate discretion understanding exists, the court will look at records encased with the request to decide and in the event that the court observes that the question is under a mediation understanding and such assertion understanding is substantial the court will give a choice to end the settlement, return the request and reports.

The question will be dealt with by the court however it is under a discretion arrangement, except if generally concurred by the gatherings concerned or endorsed by regulation: the court gives a choice to dissolve the arbitral honor or the choice made by the arbitral council; or on the other hand there is a choice to suspend the arbitral council or mediation focus from settling questions; or on the other hand the mediation arrangement isn't suitable.

ANT Lawyers, a Vietnam-based law firm, will be available to help clients resolve disputes outside of court, in court, or through arbitration lawyers in Vietnam.

Read More

How Really does Debate Settlement System of WTO Work?

 How Really does Debate Settlement System of WTO Work?

The dispute settlement procedures used by the World Trade Organization (WTO) are based on the GATT 1947 dispute settlement rules, which have been in place for nearly 50 years. Finding a positive solution to the dispute is the fundamental goal of this dispute resolution method. Because Vietnam is a member of the World Trade Organization, it may use the WTO's dispute settlement mechanism in disputes with other WTO members.

The parties to a dispute at the World Trade Organization (WTO) will first hold consultations to come up with a mutually agreed-upon solution to the dispute (Consultation – the stage of mediation). Third parties, who are members with a significant interest and desire to participate in the dispute resolution process, may participate in each case if they feel they have a significant interest in the case and should be considered by the panel. On account of a fruitless request, a board of 3 to 5 individuals will be laid out and entrusted with looking at a specific issue in debate based on WTO rules refered to by the petitioner's country.

According to Article 12.3 of the DSU, the first thing a panel to review the complaint must do is establish a timetable for its proceedings. The contents of Article 12 and Annex 3 of the DSU are typically covered by the panel procedure, which allows for some flexibility to guarantee the quality of the report without delaying the proceedings. The parties can be more proactive in presenting evidence, bases, and arguments in their submitted documents by understanding the contents and deadlines of a timetable.

The panel will enter the internal discussion phase (deliberation) following the hearings to evaluate the assessment of relevant legal and practical issues in accordance with WTO regulations. The deliberation must be kept secret. The parties to the dispute were not present when these reports were written; rather, they were written based solely on the information that was provided and the remarks that were made earlier. Individual assessments of hearers introduced in a board report will exclude the names of speakers of such sentiments.

Within two weeks of the panel's conclusion of the mid-term review, the final report will be sent to the dispute parties. Regularly, every report of the board has extremely huge substance, to work with the investigation of audit by the redrafting body and to cite case regulation, the report should show the chapter by chapter list and sections which are discrete numbered in the request for the report. After the DSB adopts a panel report, the dispute resolution process will immediately proceed to the implementation stage if there is no appeal. The case will be reviewed at the appellate level if there is an appeal.

As a member of the World Trade Organization, Vietnam must be well-versed in the dispute resolution process and fully prepared for disputes with other WTO members in international trade disputes.

ANT Lawyers have Litigation and Dispute lawyers in Hanoi, Da Nang and Ho Chi Minh City that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam.

Read More