On 5 September 2013, the Government issued a new Decree No. 102/2013/ND-CP ("Decree 102") which came into effect on 1 November 2013. Decree 102 provides detailed guidance for the implementation of certain provisions in the Labour Code regarding foreign employees working in Vietnam. It replaces Decree No. 34/2008/ND-CP (dated 25 March 2008) as amended by Decree No. 46/2011/ND-CP (dated 17 June 2011).
Decree 102 provides the procedure for obtaining work permits for foreign employees, as well as the procedure for the applying for certifications of work permit exemption.
These new procedures are more complex than under the previous regulations. For work permit applications, applicants now have to obtain prior approval for the recruitment of foreign employees from the provincial People's Committee. For work permit exemptions, companies now have to apply for and obtain certification on work permit exemptions for such exempted foreign employees from the local labour authority.
On 29 August 2013, the Government issued Decree no. 99/2013/ND-CP on administrative violations in the field of industrial property ("Decree 99") which came into effect on 15 October 2013. Decree 99 replaces Decree no. 97/2010/ND-CP (dated 21 September 2010).
Decree 99 distinguishes between fines payable by organisations and individuals: an organisation infringing intellectual property rights ("IPR") will be subject to an administrative fine of VND500,000,000, while an individual infringing IPR will be subject to a smaller fine of VND250,000,000. The values of the goods or services for which the IPR are infringed will be taken into account for the determination of the administrative fine.
Decree 99 also withdraws the authority of the Competition Authority of Vietnam to deal with IPR infringements. Only scientific and technological inspectorates, information and communication inspectorates, market management officers, customs officers, and people's committees are vested with the authority to deal with and settle IPR infringements.
On 16 May 2013, the Government issued Decree no. 52/2013/ND-CP on e-commerce ("Decree 52") which came into effect on 1 July 2013, replacing Decree no. 57/2006/ND-CP (dated 9 June 2006).
Under Decree 52, enterprises, organisations, and individuals wishing to set up e-commerce websites for online sales are only required to notify the Ministry of Industry and Trade ("MIT") online at its e-commerce management portal upon the setting up of the website.
Decree 52 also establishes a registration process for the setting up of websites providing e-commerce services, under which approval from the MIT must be obtained. Furthermore, the operators of such websites must submit periodic reports to the MIT.
Enterprises operating in e-commerce shall be obliged to comply with regulations regarding (a) confidentiality and protection of personal information provided by online consumers, and (b) security of online payment.
