Insights / Updates

Stay up to date with legal developments in Vietnam.

What's New

New Decree Amending and Supplementing Regulations on Cross-border Advertising

On 20 July 2021, the Government issued Decree No. 70/2021/ND-CP ("Decree 70") amending and supplementing several articles of Decree No. 181/2013/ND-CP implementing the Law on Advertising (“Decree 181”). Decree 70 took effect on 15 September 2021. Broadly, Decree 70 modifies the regulations governing cross-border advertising to keep pace with the development of the advertising market and ensure equality between domestic and foreign enterprises in the advertising industry.

 This Update provides the key features of Decree.  

Decree Revising Legal Provisions and Regulations on E-Commerce Activities to Take Effect on 1 January 2022

On 25 September 2021, the Government issued Decree No. 85/2021/ND-CP ("Decree 85/2021") amending Decree No. 52/2013/ND-CP dated 16 May 2013 on e-commerce. Decree 85/2021 shall take effective from 1 January 2022.

This Update provides the key features of Decree 85/2021.

Enforcement of Arbitral Awards and the Fundamental Principles of Vietnamese Law

In recent years, we have seen the Vietnam courts recognise a growing number of foreign arbitral awards while increasingly declining to set aside domestic arbitral awards. This signals a positive and pro-arbitration landscape in Vietnam, as well as the willingness and openness of Vietnamese courts to recognise and enforce both foreign and domestic arbitral awards. 

Despite the improvement, however, certain challenges remain with respect to the enforcement of arbitral awards in Vietnam. One challenge that has persisted until today is the uncertainty surrounding the "fundamental principles of Vietnamese law", a ground on which a domestic award may be set aside or a foreign award may not be recognised. 

In this Update, we examine how the ground of the "fundamental principles of Vietnamese law" has been defined and/or applied, with reference to Resolution 01 from the Council of Judges of the Supreme People's Court of Vietnam and decisions of the Vietnamese courts.