Publication
Vietnam: Competition Law Fact Sheet
Overview of the main provisions of the Competition Law, and discussion of the enforcement regime and recent enforcement trends.
Author:
Canada | Publication | July 28, 2020 - 3 PM ET
Bill 23: Commercial Tenancies Protection Act (the Act) received royal assent on July 23, 2020. Most of the provisions of the Act apply retroactively from March 17, 2020 until August 31, 2020 or such alternative date as may be set out in the regulations (the Emergency End Date). The Minister of Economic Development, Trade and Tourism is given broad powers to make regulations prescribing a wide range of matters, but to date no such regulations have been publicly proposed or are in force.
It applies:
Although the Act does NOT apply to an eviction or termination of a commercial tenancy agreement that took effect prior to the date of the first reading of the Act, being June 16, 2020, it appears that it does apply to other landlord remedies such as those pursuant to distraint notices or notices of default that were taken from and after March 17, 2020.
During the Emergency Period a landlord is prohibited from:
The Act does not compel rent forgiveness or rent reduction, but appears to force the landlord and tenant to enter into a commercial arrangement (a payment plan) regarding the repayment of outstanding rent where the tenant was unable to meet its rent payment obligations during the Emergency Period due to the COVID-19 pandemic. The payment plan:
If the tenant fails to adhere to the payment plan after the Emergency End Date, the landlord shall have all remedies available to it under the tenancy agreement, as modified by the payment plan.
Query what happens if the landlord and the tenant are unable to agree to the terms of the payment plan.
A landlord who fails to comply with the provisions of the Act will be considered in substantial breach of the subject tenancy agreement and the tenant will be entitled to exercise all rights granted to the tenant under the tenancy agreement relating to substantial breach and any additional rights established by the regulations.
Although the Act grants broad powers regarding the scope of regulations that may be enacted, such powers do not include the power to create any offense for the breach of the Act.
Publication
Overview of the main provisions of the Competition Law, and discussion of the enforcement regime and recent enforcement trends.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The European Court of Human Rights (ECtHR or the Court) recently ruled in Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland (Application No. 53600/20) that Switzerland had breached the European Convention of Human Rights (the Convention) by not taking sufficient action against climate change. In particular, it found a breach of the right to respect for private and family life contained in Article 8 of the Convention, based on Switzerland’s failure to mitigate the impact of climate change on the lives, health, well-being and quality of life of its citizens. It also ruled that Switzerland had breached the right to a fair trial in terms of Article 6, in that the domestic courts failed to examine the merits of the applicants’ complaints, including the scientific evidence. In this article we consider the key features of this landmark judgment, which has wide ramifications for Member States of the Convention.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023