LAWYER IN VIETNAM DR OLIVER MASSMANN NEW DRAFT DECREE ON PERSONAL DATA PROTEC...Dr. Oliver Massmann
LAWYER IN VIETNAM DR OLIVER MASSMANN NEW DRAFT DECREE ON PERSONAL DATA PROTECTION AND CROSS-BORDER PROVISION OF DATA THE BASIC AND GUIDANCE ON PRACTICAL HANDLING
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
LAWYER IN VIETNAM DR OLIVER MASSMANN NEW DRAFT DECREE ON PERSONAL DATA PROTEC...Dr. Oliver Massmann
LAWYER IN VIETNAM DR OLIVER MASSMANN NEW DRAFT DECREE ON PERSONAL DATA PROTECTION AND CROSS-BORDER PROVISION OF DATA THE BASIC AND GUIDANCE ON PRACTICAL HANDLING
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LI...Dr. Oliver Massmann
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LIBERALIZED MARKET ACCESS FOR SERVICE SECTORS AND UNMATCHED LEGAL CERTAINTY - LATEST UPDATE – WHAT YOU MUST KNOW:
VIETNAM – INFRASTRUCTURE AND PUBLIC PRIVATE PARTNERSHIPS – THE EVFTA AND CPTP...Dr. Oliver Massmann
VIETNAM – INFRASTRUCTURE AND PUBLIC PRIVATE PARTNERSHIPS – THE EVFTA AND CPTPP – MAKING USE OF VIETNAM’S COMMITMENTS TO MODERNIZE VIETNAM’S INFRASTRUCTURE: WHAT YOU MUST KNOW
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LI...Dr. Oliver Massmann
EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – MOST LIBERALIZED MARKET ACCESS FOR SERVICE SECTORS AND UNMATCHED LEGAL CERTAINTY - LATEST UPDATE – WHAT YOU MUST KNOW:
VIETNAM – INFRASTRUCTURE AND PUBLIC PRIVATE PARTNERSHIPS – THE EVFTA AND CPTP...Dr. Oliver Massmann
VIETNAM – INFRASTRUCTURE AND PUBLIC PRIVATE PARTNERSHIPS – THE EVFTA AND CPTPP – MAKING USE OF VIETNAM’S COMMITMENTS TO MODERNIZE VIETNAM’S INFRASTRUCTURE: WHAT YOU MUST KNOW
In recent years, since the transition from centrally controlled to market –oriented
economics took place in Vietnam, consumer protection became a hot topic in both
media and legal framework.
The Ordinance on Consumer Protection was promulgated by National Assembly in
October, 1999. The ordinance is an important legal document in consumer protection,
the role of the government, and responsibilities of manufacturers, traders and service
providers in this area.
Viet Nam Association for Standardisation, Quality and Consumer Protection
(Vinastas) is social association in consumer protection. The role of the association has
become more and more important in the transition to open market where reinforcement
of quality and trade mark control is still limitted.
Unlike under the centrally planned system where trade and prices were tightly
controlled by the government, domestic trade and prices are now partially liberalized
and the government's control on external trade has been substantially reduced. Vietnam
is now a member of AFTA and expected to become a member of APEC and WTO in
the near future. Therefore trade liberalization is an inevitable step the country will have
to undertake.
Vietnamese companies and individuals are now free to trade on the domestic market
within the scope of registered business. Although external trade still requires a business
license issued by the Ministry of Trade. Apart from state owned enterprises, private
companies can now apply for a license for export and import business. The requirement
of government approval of export and import prices as well as licenses for lot shipments
of most exports and imports has been abolished. A complex system of multiple
exchange rates has been replaced with a single rate reflecting market forces. Foreign
exchange control has been greatly relaxed.
THE EU VAT Directive Conference PROF MARCO GREGGI Presentation.pdfUniversity of Ferrara
Presentation discussed at the 2023 Malta institute of Taxation on June 14th 2023. In this presentation i discuss the notion of "free" service under the 2006/112 Directive and the relevant case law.
E commerce negotiation at mc11 and s&d treatmentM S Siddiqui
The proposals includes following conditional ties of No Customs Duties/Non Discrimination, Enabling Cross-Border Data Flows, Enabling Cross-Border Data Flows, Promoting a Free and Open Internet, No Localisation Barriers, No Technology Issues, Protecting critical source code, Free technology choice, No Safeguarding Network Competition etc.
The main concern is to analyse the validity of contracts made over the Internet. This is an important distinction. Under English common law, an agreement becomes legally binding when four elements of formation are in place: offer, acceptance, consideration and intention to create legal relations. For contracts entered into over the Internet, the Electronic Commerce (Directive) Regulations 2002 introduces new precontract formalities, in particular for consumers and businesses which do not agree otherwise1 . Along with these formal requirements, law and statute limits the content of a contract. This section focuses on the formation of a contract, examining each of the four factors in turn, highlighting those additional features special to the Internet.
Entry of E-commerce in the business scenario has changed the rules of the game and it has affected the economic relations between and within different countries and companies.
Hence, it becomes very important to create a policy and regulatory environment that favors the development of e-commerce and harmonizes national approaches in diverse areas such as telecommunications, trade, intellectual property, privacy etc.
So, here we’ll discuss about legal and policy issues which are associated with e-commerce along with the laws and environments effective to deal with them, with special reference to the laws applicable in India.
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due ...Dr. Oliver Massmann
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to encourage the development of rooftop solar power systems for self-consumption purpose
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence ...Dr. Oliver Massmann
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
VIETNAM - CYBERSECURITY - COMPARING VIETNAM’S CYBERSECURITY LAW WITH ITS COMMITMENTS UNDER THE CPTPP, EVFTA
1. VIETNAM - CYBERSECURITY - COMPARING VIETNAM’S CYBERSECURITY
LAW WITH ITS COMMITMENTS UNDER THE CPTPP, EVFTA
Vietnam’s latest Law on Cybersecurity came into force on 1 January 2019. The law sets out
rights and obligations on domestic and foreign companies providing services to customers in
Vietnam over telecom networks or the Internet. The two provisions of the Law that are the
most controversial are arguably Data Localization (offshore and onshore online service
providers are required to store Vietnamese users’ information within the country for a period
of time) and Commercial Presence (the same companies must establish a commercial
presence in Vietnam either in the form of a branch or representative office). It has been
questioned whether these provisions are contradicting international treaties that Vietnam is a
signatory to, including the CPTPP and the EVFTA. In answering this question, we shall
examine Vietnam’s commitments under each Agreement.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP):
No import tax to be imposed on e-commerce transactions. However, Vietnam has the right
to impose local taxes, fees and charges on "electronically transmitted content", provided that
such taxes, fees or charges are in accordance with provisions of the Agreement.
Cross-border transfer of information by electronic means is allowed. The cross-border
transfer of information, data by electronic means is only for business activities or a legal entity.
Vietnam has the right to have separate requirements for data transfer by electronic means and
take necessary measures to implement legitimate public policies, but on the condition that the
policies does not create disguised barriers to trade or are applied in a discriminatory or arbitrary
manner.
Data localization requirement is not mandatory. Vietnam is not allowed to require the use
or location of servers in the host country as a business condition. However, Vietnam has the
right to make specific management requirements regarding the use or location of servers,
including requirements to ensure communications security and confidentiality; and take
necessary measures to implement legitimate public policies, but on the condition that the
policies does not create disguised barriers to trade or are applied in a discriminatory or arbitrary
manner.
CPTPP countries agreed not to sue Vietnam if its cybersecurity regulations are deemed to be
inconsistent with the CPTPP Agreement (specifically, two obligations of free cross-border
information flow and server localization in the E-Commerce Chapter) within 2 years after the
date of entry into force of the CPTPP Agreement.
Reserving measures related to national security and defense, public order and privacy.
Vietnam has the right to have separate management requirements for cross-border transfer of
2. data or information by electronic means, using or locating servers (including requirements to
ensure communications security and confidentiality); Vietnam has the right to take necessary
measures to implement legitimate public policies, but on the condition that they do not create
a disguised trade barrier or are applied in a discriminatory or arbitrary manner.
The validity of electronic authentication and electronic signatures must not be
denied. However, Vietnam may require that, for a particular category of transactions, the
method of authentication meets certain performance standards or is certified by an authority
accredited in accordance with its law. In practice, though not stated in the law, all application
dossiers to the local Department of Planning and Investment still require wet ink signature,
even if the investor is abroad.
EU-Vietnam Free Trade Agreement (EVFTA):
The issue of Cybersecurity could be found in Chapter 8 of the EVFTA, Section F of which
states that “the Parties, recognizing that electronic commerce increases trade opportunities in
many sectors, shall promote the development of electronic commerce between them, in
particular by cooperating on the issues raised by electronic commerce under the provisions of
this Chapter of EVFTA”.
As committed under the EVFTA, Vietnam and EU shall maintain dialogues on regulatory
issues raised by electronic commerce, which shall, inter alia, address the following issues:
•the recognition of certificates of electronic signatures issued to the public and the facilitation
of cross-border certification services;
•the liability of intermediary service providers with respect to the transmission or storage of
information;
•the treatment of unsolicited electronic commercial communications;
•the protection of consumers in the ambit of electronic commerce; and
•any other issue relevant for the development of electronic commerce.
This dialogue may take the form of exchange of information on the EVFTA’s Parties'
respective laws and regulations on the issues referred to above issues as well as on the
implementation of such laws and regulations.
From the above, it could be seen that the international treaties leave a lot of room for Vietnam
to develop its own regulations. In other words, due to their vague language and absent of further
guidance, the provisions are open to the discretion of the local authorities. As such, to answer
the question at the beginning, the Law on Cybersecurity and accompanying legal documents
stipulating that foreign enterprises operating commercially in cyberspace must set up a
3. representative office and store data in Vietnam for a period of time is not contrary to
international practice outlined in the CPTPP and EVFTA.
***
Please do not hesitate to contact the author Dr. Oliver Massmann
under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of Duane
Morris Vietnam LLC, Member to the Supervisory Board of PetroVietnam Insurance JSC and
the only foreign lawyer presenting in Vietnamese language to members of the NATIONAL
ASSEMBLY OF VIETNAM.