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…

The relationship between the consumer and the supplier of goods is special. It is not a contractual relationship. In particular, the supplier of goods if providing low quality goods can affect a lot of buyers, and consumers do not have much authority to protect their rights in the most ideal way.…

Vocational Education (‘VE’) is an educational level within the national education system aimed at providing primary, intermediate, and higher-level qualifications, as well as other vocational training programs for workers to meet direct labor needs in production, enterprise, and services. This is…

On January 10, 2024, at New World Hotel, Lawyer Long Dinh and senior paralegal Anh Nguyen attended seminar on “Recognition and Enforcement of Arbitration Award” organized by the American Chamber of Commerce in Vietnam (AmCham Vietnam) and the Inter-Pacific Bar Association (IPBA). The seminar…

In recent businesses, besides the usual forms of loan security such as mortgage or pledge of tangible assets of companies, enterprises are tending to use intangible assets such as debt repayment rights as mortgage. The right to collect debts has the advantage of helping enterprises take advantage of…

Corresponding to the rapid development of international trade in Vietnam, the number of business and commercial disputes with foreign elements is also increasing. A civil case is considered to have a foreign element in Vietnam when (1) at least one of the participating parties is a foreign entity,…

The Bill of Lading (“B/L” or “BIL”) is the most important and popular shipping document in international shipping of goods, which was first used in the 14th century when trade activities between countries along the Mediterranean coast started flourishing. Current regulations on BIL are found in…

1. What is European Union Trademark (EUTM) Opposition?  Under European trademark law, European Union Trademark (EUTM) Opposition is an administrative procedure that allows third parties to challenge the validity of a pending trademark application. This procedure enables the proprietors of earlier…

Analysis of Vietnam’s law regulations on amending, supplementing, withdrawing, and dividing trademark applications From the time the applicant files a trademark registration application until the National Office of Intellectual Property (NOIP) intends to notify the grant of a Certificate of…

In order to increase deterrence and minimize the risk of contract breaching, the parties to a commercial contract may agree that one party, when there is a delay in fulfilling payment obligations, will have to pay the other party an amount of penalty for violations and late payment interest…

In trade relations in particular and civil relations in general, Liquidated Damages Agreement is not a new legal term. This is a measure applied in trade and civil transactions with the purpose of handling breach of contract and allocating risks in line with trade intentions between the…

The industrial real estate market in Vietnam has become increasingly dynamic due to the growing trend of relocating manufacturing plants from China to neighboring countries. To expedite their production and business operations, many investors opt to acquire an existing operational manufacturing…

Which investment projects must be granted environment license and environment registration? 1. Classification of projects on environmental criteria Environmental laws classify projects into groups based on the criteria of environment impact. For each project group, the regulations prescribe the…

Conditions for registering brokering services for trading commodities for foreign invested enterprises in export processing zones 1. What are brokering services for trading commodities?  According to the Vietnam Standard Industrial Classification issued with Decision No. 27/2018/QD-TTg dated July…

From the time the applicant files a trademark registration application until the National Office of Intellectual Property (NOIP) intends to notify the grant of a Certificate of Registered Mark, the trademark owner has the right to: (i) amend and supplement the application; (ii) withdraw the…

In Vietnam, “State-owned enterprises constitutes a part of the State-run economy and always determined as playing a leading role in the public economy”1. So, how are State-owned enterprises understood?  Under Article 3.11 and Article 88 of the 2022 Law on Enterprises, State-owned enterprises…

The Ministry of Planning and Investment is publishing a draft Decree regulating the conversion of state-owned companies established and operating under the Law on State Enterprises into single-member limited liability companies organized and operated in accordance with the Law on…