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In April 2019, the Government released its second draft amendment to the Labour Code for public comments.
A notable change that has been introduced in this draft is the concept of deemed employment, whereby even in cases where the parties do not sign a "labour contract", contracts that contain provisions regarding scope of work, salary and management/supervision by the other will be interpreted as a labour contract. This means that even contracts that purport to create an independent contractor relationship may be construed as forming an employment relationship if the terms suggest so.
This is in contrast to the current Vietnamese law position, whereby an employment relationship will only arise where the parties have signed a "labour contract" (and it has been designated as such) – usually regardless of the extent of supervision/management role played by the employer.
On 14 June 2019, during the working session of the National Assembly, the Draft Law on Amending and Supplementing the Law on Intellectual Property was tabled, for the purposes of aligning the existing law with the ratified Comprehensive and Progressive Agreement for Trans-Pacific Partnership ("CPTPP").
The draft introduces some key changes to the existing 2005 law. Among those is the abolishment of the need to register trade mark licence agreements with the National Office of Intellectual Property to ensure protection against use of licensed marks by third parties. Accordingly, such licence would still be recognised as legally valid and enforceable in the absence of registration – thereby removing an administrative layer that has currently created difficulties by licensees in securing IP protection.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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