Before deciding to invest in Vietnam, the foreign investors need to consider issues such as: the foreign investor’s charter capital ownership ratio in the economic organization, expected business industry, the expected location of the project. The consideration of these issues is to ensure that the…

Charter capital is the total value of assets contributed or committed to by company members and owners when establishing a limited liability company; it is the total par value of shares sold or registered to buy when establishing a joint stock company(1). However, currently, many individuals and…

Currently, with the policy of opening the market to attract FDI capital flows, Vietnam is a market targeted by foreign investors to establish investment projects. However, before implementing an investment project in Vietnam, foreign investors in the cases required to apply for an Investment…

According to current law, submitting investment supervision and assessment reports is a mandatory obligation of foreign-invested enterprises (“FDI Enterprises”). In reality, many enterprises do not comply with this obligation for many different reasons such as a lack of legal awareness or thinking…

Inheritance refers to the transfer of property from the decedent to the survivors according to the will or applicable legal provisions. Inheritance by substitution is a specific form of inheritance that arises under statutory inheritance laws. In practice, issues related to inheritance can be…

On September 6, Senior Partner Dinh Quang Long attended the IPBA Regional Conference with the theme: “Vietnam: The New Investment Terminus” co-organized by AmCham Vietnam and IPBA. At the conference, speakers and attendees presented and discussed a number of contents:   Potentials, opportunities,…

Along with the integration into the international economy, Vietnam’s labor market is also increasingly expanding and diversifying day by day, foreign workers coming to Vietnam to work are also becoming more and more popular. Vietnamese laws have had many provisions to regulate the recruitment and…

This article analyzes the procedures for applying for a distribution operation project for Chinese investors in cases where the project implementation organization is also the investor implementing the distribution operation project in Vietnam. The context is set where the Chinese investor has…

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ESOP (Employee Stock Ownership Plan) is an increasingly popular and widely used method in large corporations in Vietnam (such as FPT, Mobile World Group, Novaland, etc.). In addition, if you know how to take full advantage of ESOPs, not only large companies, corporations, but also ordinary private…

Currently, the majority of employees go through a probationary period before signing a labor agreement to become official employees. The salary regime is one of the particular concerns for employees during this period. It is also important for employers to address this issue legally to establish a…

1. Conditions for the Transferor To carry out the transfer of a trademark, the transferor must be the owner of the trademark as recorded on the Trademark Registration Certificate or the applicant of the pending trademark application (in the case of transferring an application). The name of the…

Apolat Legal is pleased to announce the promotions of Counsel, Senior Associate, and Associate at our Ho Chi Minh office:  Lawyer Tran Chau Hoai Han (Counsel)  Lawyer Tran Chau Hoai Han joined Apolat Legal in April 2016 and was promoted to Associate in August 2019. Han specializes in intellectual…

Currently, it is quite common for employees to proactively propose to terminate their labor contracts. Therefore, both employees and employers need to clearly understand the legal regulations on this issue to ensure their rights and limit disputes.   1. Determining whether the resignation is the…

Currently, during the first 6 months of the year, enterprises must submit some types of labor reports. To avoid facing administrative sanctions due to failure to submit or late submission of reports, enterprises should clearly understand the regulations on submission time, submission method, report…

In the context of increasingly deep international integration and the rising demand for foreign exchange transactions, the establishment and operation of foreign exchange agencies play a role in providing diverse financial services to the community. However, to operate legally and transparently, the…

Contracts for purchase and sale of residential houses to be formed in the future (residential housing currently in the process of investment in construction which has not been tested and commissioned for use1) are becoming popular due to the need to raise capital of the developer (“Developer“) and…

Recently in July, Ms. Nguyen Phuong Anh, an Associate at Apolat Legal, participated as a judge at the Quarter-finals and Semi-finals of the ICA Moot 2024 (International Commercial Arbitration Moot) Competition.  ICA Moot is an annual competition organized by the Legal Research and Advisory Club…

Lawyer Pham Hong Manh participated in the presentation and discussion at the seminar on the topic “Internationalization Series: New Ventures in Vietnam” as part of the training course “Internationalization Series” by Singapore Management University Academy (SMU Academy). The event was jointly…

On Wednesday, July 10th, Apolat Legal coordinated with the Startup and Investment Promotion Center of Ben Tre Province and IP Cozula to organize a training program titled “Tax Legal Knowledge Training Class and Contracts for Newly Established Enterprises and Business Households Transferred to…

A work permit is one of the essential conditions for foreign workers to work in Vietnam. However, in reality, many foreign workers sign and perform labor contracts with employers even without a work permit. When a dispute occurs, especially in cases where the employer unilaterally terminates the…

In the 4.0 age, social media tends to be the virtual space that connects people from all over the world, especially Facebook, Instagram, YouTube, TikTok, etc. Whereby, TikTok is an indispensable app for the young generation. This is a playground for the user to be creative with the short video,…

1. Definition of cosmetics and important terms 1.1 Definition of cosmetics  Cosmetic product is a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane…

According to a report from the Department of Investment, 2023 is the year that attracts the most projects from Chinese investors. Specifically, there are 707 new investment projects from Chinese investors, accounting for 22.18% compared to 3,188—total new projects from more than 100 countries…

According to statistics from the Ministry of Planning and Investment, within the first two months of 2024, 138 new projects were granted in the sector of wholesale and retail trade; repair of automobiles, motorcycles, and motorbikes, with a total registered capital of USD 80,666 million. Among…

A detailed description of the patent application is one of the mandatory requirements when registering a patent. Patent description is a complicated step, requiring the writer to have in-depth professional knowledge of the field of the patent, understand the patent nature, and also clearly…

Currently, many foreign investors enter joint ventures with Vietnamese investors at a rate of 65% to control all company operations. However, is 65% a ratio that can control all company operations without being influenced by Vietnamese investors?  1. General powers of company…

1. Proposal for Licensing and operations of microfinance institution The State Bank of Vietnam is collecting opinions on a draft Circular regulating the documents, Licensing procedure, organization and operations of microfinance institutions. The Draft Circular regulates that the Governor of the…

Pharmaceuticals are an essential industry and have a special influence on human life. Conditions impacting the pharmaceutical industry’s development include increased average income, population and urbanization rate. Until now, Vietnam has been one of the countries with the above conditions…