What are Rights and Obligations of the Obligee?

The rights and obligations of the obligee are as following:

Rights of the obligee:

a) Request the guarantor, the guarantee-confirmation issuing party to fulfill guarantee obligations;

b) Request the guarantor, the guarantee-confirmation issuing party to fulfill obligations and liabilities agreed upon in the guarantee commitment;

c) File a lawsuit in accordance with laws if the guarantor or the guarantee-confirmation issuing party is in breach of their agreed-upon obligations;

d) Check the authenticity of the guarantee commitment;

dd) Transfer their rights and obligations to other entities under the agreement between involved parties in conformity with legal regulations;

e) Exempt the guarantor, the guarantee-confirmation issuing party from liability to fulfill guarantee obligations;

g) Exercise other rights under the agreement between parties in conformity with legal regulations.

Obligations of the obligee

a) Fulfill agreed-upon guarantee obligations and ensure conformity with terms and conditions set in the guarantee commitment;

b) Notify the guarantor, the guarantee-confirmation issuing party and other related parties of any sign or act of violation committed by the obligor;

c) Fulfill other obligations under the agreement between parties in conformity with legal regulations.

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Labour matters in the EU-Vietnam Free Trade Area (EVFTA)

The International Labor Organization (ILO) is an international organization founded in 1919, after World War I and became the first specialized agency of the United Nations in 1946. The main purpose of the ILO is Promoting the rights of the employee in the workplace, promoting employment opportunities, enhancing social protection, and enhancing dialogue with people about work-related issues. Until now, the organization has 186 members worldwide and contributes to addressing labor-related issues around the world.

Vietnam has joined the ILO since 1992 and has its office located in Hanoi in 2003. The purpose of the ILO Vietnam is to promote workplace rights, promote sustainable working opportunities, social protection, and promote dialogue on issues related to employment.

The ILO Basic Conventions regulate the rights of the labor market in Vietnam to decide and support the labor market management needed by trade liberalization. Recently, the EU-Vietnam Free Trade Area (EVFTA) has been discussed, EU member states and Vietnam are all members of the ILO, therefore it may be argued that EVFTA has advocated compliance with the ILO approved and implemented standards. In addition, EVFTA encourages the expansion and improvement of initiatives to promote the company’s labor standards or corporate social responsibility. In the future, EVFTA and the ILO will work around issues such as modern slavery and child labor, risk management and increased transparency in labor relations.

The above fields are important fields for cooperation, considering the positive aspects of labor management, the impact of poor labor management on trade opportunities, therefore emphasize the role of labor management for the sustainability of the trade.

In Vietnam, there are many policies on the protection of workers’ rights and the protection of child labor, but the settlement of policies related to labor management, workplace communication has becoming improved. Until now, Vietnam has signed several Free Trade Agreements (FTA), some of which have provisions on labor issues, which require Vietnam to have the labor provisions which consist of the free trade. Vietnam’s current labor policies are gradually improving in order to be in line with the integration trend of the world and to preserve the best integration environment for domestic and foreign investors, therefore it brings the high efficiency in the economic development of the country.

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Please click to learn more about Labour Law Firm in Vietnam or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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Cybersecurity law in Vietnam and data privacy issue

Vietnam’s cybersecurity law has been passed on 12/6/2018, will officially come into effect on Jan 1st, 2019. This new law attracts attention, and contributions from many people. From the state management’s perspective, Cybersecurity Law is to protect national security. From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, ecommerce websites and individuals whom use these services…. are directly affected groups.

At present, much of the information is stored on e-mail, social networking platforms…According to Article 26 of Vietnam Cybersecurity Law, it is required to “Store in Vietnam for the personal information of people who use services in Vietnam and the important data related to national security; Having headquarters or representative offices set up in Vietnam”. It is understood that only foreign organizations with headquarters or representative offices in Vietnam are permitted to provide internet, social networking, fintech services in Vietnam. Accordingly, to continue the related services in Vietnam, organizations providing services such as the internet, social networks, fintech services need to establish a representative office in Vietnam and for storing data relating to users in Vietnam.

Point a, Clause 2 of Article 26 of Vietnam Cybersecurity Law regulates that organizations provide internet, social network services have to: “establish information authentication mechanism when user registers account; protect confidential information, user accounts; disclose users’ information to network security division under the Ministry of Public Security upon request in writing”. It is suggested that, in order to protect the user’s information and to avoid abuse of power, the Ministry of Public Security should have specific guidelines for management.

According Article 21 of Vietnam’s Constitution in 2013: “everyone has the right to inviolability of private life, personal and confidential family secrets; have the right to defend the honor and prestige” “No one shall be permitted to open, control, illegally seize any correspondence, telephone, telegram and other forms of private communication.” With the introduction of the Vietnam Cybersecurity Law, the management of information, of service providers, and personal private information pose challenges in terms of data privacy.

How ANT Lawyers Could Help Your Business?

Our cybersecurity lawyers in Vietnam always follow development of laws to provide the client with update. For advice or service request, please contact us via email ant@antlawyers.vn, or call (+84) 24 730 86 529.

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Trading Conditions on Medical Device in Viet Nam

Medical device includes device related to human health, therefore, the business of medical device in the conditional business line in accordance with the law of Vietnam. Medical device is defined as kinds of device, tools, materials for implanting activities, reagents and in vitro calibration solutions, software which are used separately or in association with each other according to the instruction of their owners for human use for the purpose of diagnostic, prevention, supervision, treatment and elimination the illness or to making up for pains.

For medical device trading purpose in Vietnam, first of all, the enterprise should classify medical device. Medical device circulated in Vietnam will be classified based on the level of potential risks associated with the technical design and manufacture of such medical device.

Pursuant to Decree No.36/2016/ND-CP on medical device management, medical device shall be classified into the following 2 groups which are divided into 4 types as follows:

– Type 1 comprises Type A medical device which is medical device with low level of risks.

– Type 2 comprises Type B, C and D medical device, where

+ Type B medical device is medical device with lower average level of risks;

+ Type C medical device is medical device with upper average level of risks;

+ Type D medical device is medical device with high level of risks.

In case medical device can be classified into two or more levels of risk, the classification by the highest risk level of such medical device shall be applied. The classification of medical device must be conducted by qualified organizations as provided by law. In addition, the law of Vietnam recognizes the results of classification of medical device made by competent regulatory body in other countries such as Korea, Japan, … on the basis of international treaties or international arrangements to which Vietnam is a party or of a country which adopts a medical device classification system similar to that adopted by Vietnam.

After classifying medical device, the enterprise shall declare applicable standards for Type A medical device or issue certificate of free-sale registration for Type B, C, D medical device. This procedure makes sure that medical device which the enterprise has trading requirements, is allowed to be distributed in Vietnam.

Finally, with the exception of medical device of type A, in order to directly sell medical device to consumers, the enterprise needs to ensure the staffing requirements as well as the material facility requirements in accordance with the law, for instance:

Trading premise must have technically qualified staffs to perform the installation and use instructions suitable to the medical device which the establishment buys and sells, including at least one qualified technical staff specialized in technical or medical or pharmaceutical medical or technical colleges of medical device or higher or college or higher degree, whose specialized training is appropriate to the type of medical device that the establishment purchase.

Trading premise needs to prepare the warehouse which has area in accordance with the type and the quantity of the medical device to be stored. The warehouse should be airy, dry, clean, separated from sources of pollution and satisfied with other storing requirement device according to its manual. In addition, trading premise shall have suitable transportation vehicles for delivering of medical devices from trading premise to received place. In case there are no storage facilities or transport means, a contract with an establishment satisfying requirements for storage facilities and transport of medical device shall be concluded

How ANT Lawyers Could Help Your Business?

Please click to learn more about Medical Device Law Firm in Vietnam or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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