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Official Gazette

Monday, September 27, 2021
New points of the 2018 Competition Law with regard to cross-border Mamp;A transactions in Vietnam New points of the 2018 Competition Law with regard to cross-border M&A transactions in Vietnam
Cross-border M&A now has become an effective capital mobilization channel, contributing to the diversity of investment attraction of Vietnam economy, intensifying renovation of growth models, restructuring the economy and diversifying forms of business ownership. Nevertheless, approximately 90 percent of the value of cross-border M&A transactions in Vietnam comes from M&A deals in which foreign enterprises invest or purchase shares in Vietnamese companies.
Viability of the South China Sea Arbitration Award: an analysis Viability of the South China Sea Arbitration Award: an analysis
Five years ago, on July 12, 2016, an international tribunal in the Hague issued its final award in favor of the Philippines against China and addressed a number of legal questions in the South China Sea (known as East Sea in Vietnam). On that day, Former President Benigno Aquino III said that the historic ruling was a “victory for all” and “the long-running dispute is now closer to having a permanent solution.”[1] Five years have passed, given that the South China Sea situation remains unresolved and China still rejects the arbitration, this landmark decision has inspired numerous discussions on legal issues and has been considered providing a legal background for the maritime activities taken by various countries in the South China Sea.
Viability of the South China Sea Arbitration Award: an analysis Viability of the South China Sea Arbitration Award: an analysis
On July 12, 2016, an international tribunal in the Hague issued its final award in favor of the Philippines against China and addressed a number of legal questions in the South China Sea (known as East Sea in Vietnam). Five years have passed, given that the South China Sea situation remains unresolved and China still rejects the arbitration, this landmark decision has inspired numerous discussions on legal issues and has been considered providing a legal background for the maritime activities taken by various countries in the South China Sea.
Impacts of the law on asset and income surveillance on prevention and combat of illegal wildlife trade Impacts of the law on asset and income surveillance on prevention and combat of illegal wildlife trade
In Vietnam, surveillance of assets and income of office-holders is a measure taken by the State to monitor the quantity, origin of and changes to assets and income, thus detecting and preventing office-holders from taking advantages of their positions and powers to commit corrupt acts. However, the current law does not contain specific provisions on monitoring assets and income of officials and civil servants working in professions directly related to wildlife trade. This situation poses an urgent requirement for improvement of institutions on monitoring assets and income of officials and civil servants in general, and officials and civil servants performing the task of preventing and fighting illegal wildlife trade in particular.
Commentary on the 2020 Enterprise Laws new provisions on joint-stock companies Commentary on the 2020 Enterprise Law’s new provisions on joint-stock companies
Although there are no landmark or breakthrough changes in the 2020 Law on Enterprises, it still provides necessary and timely amendments and supplements, making it easier for businesses and investors as well as state management agencies to navigate. In this article, the author only discusses and clarifies the new basic provisions on joint-stock companies of the 2020 Enterprise Law in order to raise awareness about and help improve effectiveness of enforcement for this type of company.
Publicity and transparency in organization and operation of agencies organizations and units in preventing and combating corruption Publicity and transparency in organization and operation of agencies, organizations and units in preventing and combating corruption
Publicity and transparency in organization and operation of agencies, organizations and units constitute one of the most important anti-corruption measures to help citizens as well as the whole society participate in monitoring the exercise of public power.
Resolutions to disputes and claims about transactions on e-commerce platforms in Vietnam Resolutions to disputes and claims about transactions on e-commerce platforms in Vietnam
In the context of the extensive and pervasive integration of the Industrial Revolution 4.0 and the impact of the COVID-19 epidemic, e-commerce business models have successively surpassed traditional ones. According to the e-Conomy SEA 2020 by Google, Temasek, and Bain & Company, Vietnam’s e-commerce industry grew by 46 percent.
Vietnam adapts social security law to Industrial Revolution 4.0 Vietnam adapts social security law to Industrial Revolution 4.0
Dr. Le Thanh Binh Ho Chi Minh National Politics Academy Social security law constitutes a crucial factor contributing to the materialization of socio-political stability and sustainable development objectives. When manual labor is replaced by automation in the economy and robots replace men in various fields, millions of laborers in the world would find themselves unemployed, thus leading to a deeper social class division. Therefore, social security law should be reformed in conformity with such pillars as the Social Insurance Law, Health Insurance Law, Employment Law and Labor Code in order to assist laborers to be adaptable to Industrial Revolution 4.0.
Prevention and combat of corruption in management and protection of precious and rare wildlife Prevention and combat of corruption in management and protection of precious and rare wildlife
Vietnam is amongst countries with high biodiversity in the world where the livelihoods of many people depend on the nature. Unfortunately, the existence of many wildlife species in the country is in danger. There are numerous reasons behind this sad situation and corruption is believed to be one of main causes as it promotes illegal wildlife trade and, therefore, threatens the survival and sustainability of wildlife species.
Vietnams position in negotiating an instrument on biodiversity in areas beyond national jurisdiction Vietnam’s position in negotiating an instrument on biodiversity in areas beyond national jurisdiction
Nguyen Hong Thao and Le Thi Anh Dao The establishment of a legally binding instrument on biodiversity in areas beyond national jurisdiction and Vietnam’s need for participation The access to, use and benefit sharing of biodiversity in areas beyond national jurisdiction (BBNJ) have not been comprehensively governed by existing international law, whilst marine genetic resources are becoming the subject of competition due to substantial economic benefits those resources provide. Cognizant of growing threats to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ), the General Assembly of the United Nations has issued a resolution to establish an Ad Hoc Open-ended Informal Working Group to study BBNJ issues since 2004, followed by the convening of the Intergovernmental Conference with four sessions held between 2018 and 2020 to elaborate the text of the BBNJ instrument .

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