Practical Law has published the 2016/17 edition of its Corporate Real Estate Global Guide, a high-level overview of commercial real estate laws and regulations in 23 jurisdictions worldwide. The Vietnam chapter of the guide was written by Vinh Quoc Nguyen, a senior attorney-at-law in Tilleke & Gibbins’ corporate and commercial group in Ho Chi Minh City. The Vietnam chapter covers the following main topics:

On June 29, 2016, the National Assembly of Vietnam passed a resolution to delay the implementation of Vietnam’s new Penal Code (“New Code”) allegedly due to the discovery of numerous errors contained within the New Code.As a result of the resolution, enhanced criminal liability for unlawful dismissals under the New Code will not apply until an amended version of the New Code takes effect. Until then, the provisions of the current Penal Code (“Current Code”), containing less severe penalties, will continue to apply.

The Payment of Wages Law 2016 (the “Law”) came into force earlier this year, repealing the old Payment of Wages Act 1936 (the “Old Act”). The Law sets out (amongst other things):The obligations on employers regarding the payment of employees’ wagesThe methods and time frames for paymentThe permissibility of deducting wagesThe duties and responsibilities of the Director General and investigating officers of the Factories and General Labor Laws Inspection Department (the “Department”) under the Ministry of Labor, Immigration and Population.

On November 29, the Office of Insurance Commission (OIC) in Thailand announced that it had approved, in principle, draft notifications that set out the criteria, procedures, and conditions for the issuing and offering for sale of both life and general insurance products through online channels.The key features of the draft notifications are as follows:   

The development of a renewable energy project requires, among a range of factors, engineers to design the facility, state-of-the-art equipment, and a reliable construction firm to implement the project. A key factor in a renewable energy project’s long-term success is devising an appropriate contractual framework to construct the facilities. This is a particularly important consideration, given the scale of many renewable energy projects and the financial sums at stake.  

In recent years, the Thai government has attempted to strike a balance between attracting investment and protecting consumer interests. On the one hand, it has tried to liberalize foreign investment, eradicate bureaucratic red tape, and introduce investment promotion and investor-friendly policies through tax and non-tax incentives. On the other hand, it has enacted a number of laws and regulations to enhance consumer protection.

Intellectual property (IP) linkage refers to connecting an IP office, through open communication lines and complementary processes, to other government agencies that work on IP. This generally includes agencies tasked with regulating food, drugs, and agricultural products, in order to ensure not only that there is proper communication between the officials of both agencies, but also that each agency’s regulations are in line with one another, and the agencies do not promulgate conflicting requirements.

Over the past decade, investors have shown a considerable amount of interest in Cambodia. Last year, foreign direct investment in Cambodia was estimated at USD 1.8 billion, or 10 percent of GDP, according to the World Bank. This interest has largely been spurred on by the government, which offers an investment scheme that has some of the most attractive incentives in the region.