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Enforceability of agreement on liquidated damages under Vietnamese law

Vietnam - February 27 2021 Summary. Vietnamese law does not have a clear concept of liquidated damages. There are strong legal provisions supporting for the use of liquidated…

Nguyen Bich Ngoc, Trinh Phuong Thao

Can “actual and direct loss” due to a breach of contract include losses incurred by non-defaulting party under another contract with a third party?

Vietnam - October 31 2020 Under the Commercial Law 2005, the value of damage that the non-defaulting party could claim due to a breach of contract will comprise (i) the value…

Trinh Phuong Thao

Applicability of Vietnam Anti-Money Laundering Law (AML) to offshore financial institutions

Vietnam - August 31 2021 Under the AML Law 2012, an entity will be subject to the requirement to conduct KYC or submit AML reports to the SBV if it is, among others, a finance…

Hoang Thi Thanh Thuy

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

United Kingdom, Vietnam - June 3 2021 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…

Nguyen Thuc Anh, Tran Kim Chi, Trinh Phuong Thao, Le Vo Thuy Tien

Private placement of shares and pre-emption rights of existing shareholders under Enterprise Law 2020

Vietnam - April 3 2021 Under Article 125.2(b) of the Enterprise Law 2020, except for the cases of merger and consolidation of companies, when a non-public joint stock…

Trinh Phuong Thao