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Official Gazette

Tuesday, June 15, 2021
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 .
Foreign court judgments and arbitral awards in Vietnam Foreign court judgments and arbitral awards in Vietnam
On September 25, 2020, the Ministry of Justice published the Database on recognition and enforcement of foreign court judgments and decisions, and of foreign arbitral awards in Vietnam (the Database). Never before had Vietnamese courts been open about their views and opinions of foreign dispute resolution forums.
Online dispute resolution in Vietnam Online dispute resolution in Vietnam
To address the growing number of disputes arising from e-commerce transactions over the recent years while traditional methods of at-court dispute resolution become ineffective, the governments of many countries around the world have adopted online dispute resolution mechanisms, including alternative dispute resolution methods (negotiation, mediation and arbitration) and court proceedings using the Internet as a special tool in part or the whole of the dispute resolution process. This article provides an overview of this process in the country and proposes solutions for increasing the application of online dispute resolution methods.
Vietnam pioneers post-pandemic carbon pricing Vietnam pioneers post-pandemic carbon pricing
Thang Nam Do
Having contained the COVID-19 pandemic, Vietnam is becoming the first developing country to adopt carbon pricing in the post-pandemic period to help guide a cleaner recovery. On November 17, Vietnam’s National Assembly passed the revised Law on Environmental Protection legalizing an emission trading scheme. The law will take effect on January 1, 2022. This policy is expected to strengthen Vietnam’s commitment to greenhouse gas emission reduction under the Paris Agreement on climate change. It paves the way for the country to further tap its significant renewable energy potential, and switch to a low-carbon development model in the post-COVID-19 recovery era.
Tax-related investment arbitration: a critical view from a developing countrys perspective Tax-related investment arbitration: a critical view from a developing country’s perspective
Tax avoidance strategies using offshore indirect transfer have become popular among multinational companies and caused negative impacts on developing countries. This article discusses difficulties that developing countries have been facing in the fight against tax evasion by multinational companies and suggests the way forward to prevent the abuse of investor-state dispute settlement mechanism for tax avoidance in the globe.

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