In the context of increasingly vibrant economic integration, trademark rights infringement has become one of the worrying issues that every business must face to protect the rights and maximum benefits for its operations. your business. As a country with a strongly developed industry and market,…

Currently, “chips” are a hot topic in both economic, political and legal discussions. From the perspective of intellectual property law, chips are considered a form of integrated circuit. Simply speaking, semiconductor integrated circuits are electronic circuits in which all the elements including…

1. Trademark registration paths in China  Similar to most other countries, an organization or individual can register a trademark in China through two common routes:  Register an international trademark through the Madrid system from any country that is a member of the Madrid system and,…

Mickey Mouse is a familiar cartoon character to all ages, which was first published to the public in 1928 and gradually became a typical character and representative of the image of the Walt Disney Company (hereinafter referred to as “Disney“). Officially on January 01st, 2024, the copyright term of…

Special-use vehicles are important tools in the production process at factories and warehouses. When putting these vehicles into operation, companies not only need to pay attention to technical factors, ensure proper use but also ensure that these vehicles have been registered in accordance with the…

“From domain name speculation to trademark speculation” – https://thesaigontimes.vn/tu-dau-co-ten-mien-den-dau-co-nhan-hieu/ has been regulated by law. It can be said that the phenomenon of trademark speculation in recent times has caused many disputes and conflicts, creating an unhealthy…

1. Draft Decree on the controlled sandbox mechanism for financial technology (Fintech) activities The draft Decree clearly states that the selection process for organizations participating in the Sandbox Mechanism will be based on the following basic principles: Fair, objective and transparent…

According to the investment report from the Foreign Investment Agency, Vietnam has granted licenses to 124 new projects from investors with U.S nationality, with a total investment capital of up to 113 million USD. The cumulative total of valid projects from U.S. investors reached 1,336 projects by…

1. Meet recruitment conditions for using foreign employees working in Vietnam  According to the provisions of Clause 1 and Clause 2, Article 152 of the 2019 Labor Code, to recruit foreign employees to work in Vietnam, employers must meet the following conditions:  Only foreign employees can be…

According to statistics from the Ministry of Planning and Investment, in 2023, there were investments from 111 countries and territories in Vietnam. Among them, Singapore led with a total investment of over 6.8 billion USD, accounting for 18.6% of the total foreign investment in Vietnam and an…

The payable social insurance for employees 1. Amounts that are and are not subject to calculating the payable social insurance for Employees according to the law 1.1 Amounts that are subject to calculating the payable social insurance for employees according to legal regulations  For employees…

In the context of globalization and multi-dimensional economic development, sending Vietnamese workers to work abroad (or “providing Vietnamese guest workers service”) has become an indispensable part of the national development strategy. This is not only an opportunity for individuals but also a…

Vietnamese organizations/individuals when making investments abroad, need to comply and fully submit the following reports:  1. Reporting Of Offshore Investment Activities  1.1 Report on Investment Project Implementation Status  The Investors are required to implement a reporting of offshore…

1. Regarding forms of offshore investment  According to Vietnamese Law, to conduct offshore investment, Vietnamese organizations and Vietnamese Individuals must apply for the necessary licenses:  Applying for an Offshore Investment Registration Certificate at the Ministry of Planning and…

Conditions to be complied when performing cross-border advertising activities in Vietnam 1. Definition of cross-border advertising activities in Vietnam  Clause 1, Article 1 of Decree 70/2021/ND-CP amending a number of articles of Decree 181/2013/ND-CP of the Government detailing the…

The Representative Managing the Contributed Capital of the owner, member or shareholder of the company being an organization, is an individual who is authorized in writing to act on behalf of such owner, member or shareholder to exercise rights and perform obligations under the Law on Enterprise…

The dismissal of a member of the board of management 1. Voting Majority in accordance with the laws Currently, for joint-stock companies, the Enterprise Law stipulates two main voting majority ratios for a resolution to be passed:  (i) if it is agreed by a number of shareholders representing from…

While the agreed matrimonial property regime is contingent upon the mutual consent of the parties, it still must adhere to the legal framework. Consequently, instances may arise where the matrimonial property regime, as established through an agreement, is deemed void. The following article outlines…

In the context of globalization, when free trade conventions take effect, Vietnamese enterprises will have more opportunities for business, investment, cooperation, and so on. However, aside from the positive impact, there are the difficulties that Vietnamese enterprises must face in the process of…

Regarding the matrimonial property regime, most countries worldwide currently employ two prevalent matrimonial property regimes simultaneously: statutory (by law) and unity (by agreement). Nevertheless, in some countries, the agreed property regime may not have been codified concurrently with the…

In Vietnam, foreign arbitral awards are recognized and enforced on the basis of international treaties or the principle of reciprocity.1 However, the recognition of a foreign arbitral award for enforcement in Vietnam hinges on the Court’s review process. Currently, the rate of unrecognized arbitral…

A rising trend in the market recently is environmentally friendly products and services. With annual statistics showing that people are increasingly polluting their own environment, consumers now have a great demand for products that do not affect the environment, and are highly biodegradable and…

1. Officially impose global minimum tax from fiscal year 2024 The National Assembly passed Resolution No. 107/2023/QH15 on the application of additional corporate income tax according to regulations to prevent global tax base erosion, according to which the global minimum taxpayer is a constituent…

We are delighted to announce that Apolat Legal has been recognized as a “Firm to Watch” by The Legal 500 Asia Pacific 2023 Rankings in Dispute Resolution: Litigation. “Firms To Watch” aims to recognize the best up-and-coming firms in the country. In the rankings, The Legal 500 comments “Apolat…

After fully meeting the market access conditions and entering the Vietnamese market to conduct business activities, the Investor and Economic Organization implementing investment projects are also obliged to prepare and submit supervision and assessment reports to competent authorities to report on…

Capital contribution by shares is a current issue in business investment activities in Vietnam. However, because of the cost-effectiveness of all aspects compared to other countries in the world, many foreign investors choose to establish a company in Vietnam for investment activities, then use…

Contract for residential house lease (“Contract“) is a popular type of contract for property lease, signed between the Lessee and the Lessor, whereby, the Lessor delivers the house to the Lessee for use for a certain period, the Lessee must pay rent (along with some other costs such as electricity,…

1. Regulation on the promotion programs 1.1 Definition  Commercial promotion is commercial enhancement of traders which aim to promote the sale of goods and services by providing the clients with certain benefits . The entities are entitled to conduct the commercial promotion including:  The…

Guardianship is considered a legal mechanism designed to protect individuals who lack the capability to manage assets, establish and execute legal acts, or even care for themselves. As such, guardians play a crucial role in the implementation of guardianship, with their rights and obligations…

Individuals are given by the laws the right to exercise and carry out transactions in order to ensure their legitimate rights and interests. However, in reality, there are people who are not capable of managing assets, establishing and performing legal acts, or even taking care of themselves. Civil…

1. Insurance business  Insurance agency business is one of the insurance business activities under the Law on Insurance Business 2022. Accordingly, Insurance agent service refers to one or several fiduciary duties assigned by an insurer, a foreign non-life insurer’s branch or a mutual providing…

In the context of the development of the digital era, high-tech enterprises are always at the forefront of the integration process and bring in large revenues to contribute to the national budget. However, being granted a Certificate of High-tech Business Registration in Vietnam is not an easy thing…

One of the obligations that Vietnamese enterprises need to pay attention to is to comply with regulations on fire prevention and fire fighting (“FPFF“). Companies must ensure that their operating establishments are approved for fire prevention and fire fighting design, installation of fire fighting…