1. Legal Basis  Pursuant to Article 94 of the Labor Code 2019, wages may be paid based on time, product, or piecework.  Article 98 of the Labor Code 2019 provides for wage payment rates for overtime work, night work, work on days off, public holidays, and Tet holidays as follows:  “1. The…

Currently, labor disputes arising from unilateral and unlawful termination of employment contracts due to economic reasons or changes in organizational structure and technology are increasingly common. In order to minimize the financial damage caused by unlawful termination, enterprises aim to…

Legal Basis  Decree No. 219/2025/NĐ-CP, dated 7 August 2025, of the Government of Vietnam, providing regulations on foreign employees working in Vietnam, effective as from its date of promulgation.  Decree No. 152/2020/NĐ-CP, dated 30 December 2020, of the Government, providing regulations on…

In the context of Vietnam’s increasing integration into the global economy, domestic enterprises frequently employ foreign workers to meet the growing demand for high-level expertise and advanced technology. However, if a foreign employee works in Vietnam without a valid work permit (“WP”) or a…

In the context of the rapid digital transformation taking place in Vietnam, the Information Technology industry, especially the software sector, is growing vigorously. Software enterprises not only provide products but also diversify their business models, among which software leasing services are…

The concept of sexual harassment in the workplace was first codified in the 2019 Labor Code, establishing a solid legal framework and marking an important step forward in protecting employees from workplace sexual harassment. In cases of sexual harassment, depending on the nature and severity of…

In the context of globalization, an increasing number of foreign enterprises are establishing representative offices in Vietnam and sending foreign employees to assume the position of Chief of the Representative Office. In cases where a foreign employee is transferred from a parent company to work…

Viet Nam is an attractive location for many foreigners who come to work and settle permanently. Parallel to investment, business, and living activities, financial lending between foreigners, or between a foreigner and a Viet Nam national, is relatively common. In some cases, to secure payment…

In civil proceedings, the burden of proof plays a pivotal role in ensuring that disputes are adjudicated objectively and in accordance with the law. However, not every fact or circumstance is required to be proven by the parties. The 2015 Civil Procedure Code (“CPC 2015”) clearly stipulates certain…

In current business activities, the establishment and application of general terms and conditions (“T&C”) have become increasingly common, particularly for enterprises providing goods or services to a large number of customers. T&C help enterprises standardize contractual provisions, reduce…

In practice, many enterprises employ foreign employees at multiple branches or offices located in different provinces and cities, resulting in an increasing demand for multi-location work. In addition, there are also cases where foreign employees marry Vietnamese citizens and reside in Vietnam.…

The construction sector in Vietnam is classified as a conditional business line, subject to stringent supervision under various specialized legal regulations. Accordingly, when carrying out the legal due diligence on construction companies, the review of the legality, validity, and sufficiency of…

In the context of global economic integration, it’s increasingly common for Vietnamese enterprises to appoint their employees to work, intern, or receive training at overseas companies, especially parent companies or affiliates in the same business sector. This activity, collectively known…

In the context of an increasingly dynamic labor market, employment services play a crucial role in connecting employees with employers. However, due to their specific nature, enterprises operating in this sector must comply with strict legal regulations to ensure transparency, publicity, and the…

Under the corporate governance mechanism in Vietnam, significant transactions are not solely decided by the legal representative but often require approval from the highest governing bodies, such as the General Meeting of Shareholders (“GMS”) or the Board of Directors (“BOD”). This process is…

In the context of Vietnam’s increasingly globalized economy, it is common for foreign nationals to be appointed as directors or legal representatives of subsidiaries in Vietnam. These positions often do not require the individual to reside in Vietnam or to receive remuneration directly from the…

Dear Valued Clients and Partners,  On the occasion of the Lunar New Year 2026 – the Year of the Horse, Apolat Legal wishes valued Clients and Partners a year filled with health, prosperity, and success. We would like to express our deepest gratitude for your unwavering trust and partnership…

In modern life, it is common for individuals and organizations to entrust a specific task to one or more other individuals or organizations to act on their behalf. Authorization is an effective legal instrument that allows one party to perform certain tasks on behalf of another within a specified…

In the context of Vietnam’s stock market experiencing robust growth and deeper international integration, the demand for establishing foreign-invested fund management companies has been steadily rising. Foreign investors seeking to participate in fund management activities not only aim to capture…

According to the provisions of the 2019 Labor Code, the employee has the right to unilaterally terminate their labor contract with the employer, provided that they comply with the notice period prescribed in Clause 1, Article 35 of the 2019 Labor Code, except in cases where no notice is…

Foreign investment capital into Viet Nam is increasingly growing thanks to the State’s attractive policies, particularly in the fields of manufacturing, finance, and technology. However, alongside business opportunities, Foreign Investors also face numerous legal constraints. One of the issues…

Civil judgment enforcement (CJE) is a distinct procedural phase designed to ensure that legally effective judgments and decisions rendered by the Court or Arbitrator are actually implemented. Should judgment debtors fail to voluntarily fulfill their obligation, the State shall apply coercive…

In the context of Vietnam’s business environment, which is increasingly requiring transparency and compliance with applicable law, enterprise dissolution is considered a crucial legal mechanism for terminating the legal status of enterprises in an orderly and lawful manner. This article analyzes…

It is important to understand that a product is considered as a medical device if:  Firstly: A product line may be classified as a medical device if it is an instrument, implant, apparatus, material, in-vitro reagent or calibrator, or software that meets simultaneously the…

The cosmetics and beauty market in Vietnam has been rapidly expanding, with consumer demand extending beyond mere beauty care to the desire for enhanced appearance, greater confidence, and self-expression. This trend has driven enterprises to explore more flexible business models to deliver…

In recent years, along with the rapid development of Vietnam’s economy, the demand for short-term, seasonal, or project-based labor has been increasing significantly. Enterprises, especially foreign-invested companies and factory projects in industrial parks and export processing zones, often have…

As land resources become increasingly limited, leasing land from individuals or other entities for business operations has become a common solution for many enterprises. However, not all businesses fully understand the legal regulations surrounding the construction of facilities on leased…

Telecommunications activities are primarily governed by the Law on Telecommunications 2023 and Decree 163/2023/ND-CP (hereinafter collectively referred to as the “Vietnamese Telecommunications Laws”). The Vietnamese Telecommunications Laws stipulate two main compliance obligations that enterprises…

The development of Vietnam’s digital economy has promoted the use of non-cash payment methods, among which e-wallet services have become increasingly popular. The potential of this market has attracted the interest of many foreign enterprises. However, entering this sector requires strict…

During the process of circulating drugs in the Vietnamese market, manufacturers want to produce products in many different forms such as spray or roll-on to meet many different consumer purposes. Adding a new packaging specification for pharmaceutical products will require additional registration…

Commercial mediation is one of the modern and popular methods for dispute resolution worldwide. In Vietnam, this method is also chosen by various parties to settle disputes. With the regulation of Decree No. 22/2017/ND-CP on commercial mediation, dated February 24, 2017 (“Decree No.…

In the context of the diverse development of the current labor market, not a few employees enter into multiple labor contracts with different employers in order to increase income and diversify career opportunities. However, this raises several issues relating to the responsibilities of employers…

In the context of the continuous refinement of land laws, the proper classification and use of land are crucial factors for ensuring sustainable business operations and mitigating legal risks. Particularly, when selecting land for production and business activities, two types of land that often…

In the context of a labor market that increasingly requires a skilled workforce, vocational education plays a vital role in supplying human resources for society. Enterprises having the demand to provide elementary-level training must carry out procedures to obtain a Certificate of Registration of…

In recent years, human trafficking from Vietnam to foreign countries has become increasingly complex. Trafficking networks often transport victims to neighboring countries such as Cambodia, Laos, China, and even Myanmar through intermediaries. Victims are no longer confined to women and children…

In the context of current business operations, it is not uncommon for an individual to concurrently hold managerial positions (such as Chief Executive Officer, General Director, or Legal Representative) in multiple companies. This raises a pertinent legal question: when such an individual receives…

Using retained earnings to increase investment capital for a project has become an increasingly popular financial strategy for investors, particularly foreign investors, in Vietnam. This approach not only optimizes available resources but also demonstrates flexibility, which is crucial in a…

Investing in employee training and development is a crucial strategy for any enterprise. However, determining whether such training expenses are deductible for corporate income tax (“CIT”), and whether they are subject to personal income tax (“PIT”) for the employee remains a common concern for…