Penalty interest in credit contracts A credit contract is one of the most common types of transactions, regularly entered into between a credit institution and its customer for the purpose of granting credit in accordance with the law. The interest rates stipulated in a credit contract usually…

Under the current legal provisions, a Foreign Technology Company wishing to enter into labor contracts, pay social insurance, and pay salaries to Vietnamese Employees must establish a legal entity in Viet Nam in the form of a subsidiary or a representative office. However, establishing a legal…

I. Definition on chemical trade:  Pursuant to Clause 2, Article 3 of Decree No. 113/2017/ND-CP:  “2. “chemical trade” includes sale, export and import of chemicals to provide chemicals on the market for profitable purposes.”  Accordingly, when enterprises import chemicals in order to provide…

Apolat Legal has been honored by Asian Legal Business (ALB), a Thomson Reuters magazine, in the “Vietnam Firms to Watch 2025” ranking.  Apolat Legal has been recognised in “Vietnam Firms to Watch 2025” by Asian Legal Business The “Firms to Watch” ranking by ALB magazine honors emerging law firms…

1. Scope of Employment Service Activities:  According to Article 28 of Decree No. 23/2021/ND-CP, enterprises engaged in employment services in Vietnam may conduct the following main groups of activities:  (1) Consulting activities, including:  a) Providing career guidance and counseling on…

Specifically, under Article 31 of the Law on Enterprises 2020, joint stock companies, including Registered Companies, are required to notify the Business Registration Authority of any change in shareholders who are foreign investors. This is a common administrative procedure applicable to common…

1. Enterprises must retain documentation evidencing organizational restructuring  Current laws do not provide specific guidelines or definitions as to what constitutes a change in organizational structure. As a result, the application of restructuring as a legal basis for terminating labor…

Currently, the production, trading and distribution of cosmetic products as contraband, counterfeit, counterfeit, and low-quality goods is a prominent problem that raises the waves of the whole society. Competent state agencies have discovered a large volume of cosmetic products in many provinces…

Intellectual property infringement 1. The connection between expert opinions and resolving intellectual property infringement  The legal framework for intellectual property in Vietnam, especially the Law on Intellectual Property, clearly stipulates the role of IP expert assessment in determining…

In the course of business operations—particularly during peak production periods—mobilizing employees to work overtime is almost inevitable. However, many businesses, especially small and medium-sized enterprises, still lack a proper understanding or fail to correctly implement legal provisions on…

Introduction  In the context of global digital transformation, artificial intelligence (AI) has established and continues to affirm its pivotal role in driving innovation and economic growth. Recognizing this significance, Vietnam has taken a landmark step by enacting the Digital Technology…

Construction contracting services are conditional business lines as stipulated in Appendix IV of the Law on Investment 2020. Enterprises engaging in construction execution activities must meet the capacity conditions specified in sector-specific legal regulations, appropriate to the grade of…

Private tutoring, as defined in Article 2.1 of Circular No. 29/2024/TT-BGDDT, refers to teaching activities conducted outside the official instructional time of subjects in the general education curriculum or continuing education programs at lower and upper secondary levels, as promulgated by the…

With the trend of economic globalization and Vietnam’s growing openness to international trade, the problem of counterfeit goods, imitation products, and intellectual property rights (IPR) infringements has become increasingly complex and sophisticated. These issues not only cause severe damage to…

Legal basis  Decree 09/2018/ND-CP detailing the Commercial Law and the Law on Foreign Trade Management on the purchase and sale of goods and activities directly related to the purchase and sale of goods by foreign investors and economic organizations with foreign investment capital in Vietnam.  In…

Lawyer Pham Thi Thoa, Partner at Apolat Legal, served as a judge in the final round of the Legal Hackathon 2025, organized by the Executive Committee of the UEH School of Law.  At the event, Ms. Thoa listened to and evaluated the innovative ideas and project proposals presented by the competing…

Short films have gradually become a type of film that young people are interested in in recent years, especially reels or OTT applications. Although short film genres have relatively small durations and production scales, their release must still fully comply with current Vietnamese laws. What…

Profit repatriation is a regular and periodic activity of every enterprise, particularly those with foreign direct investment (FDI). Although this is a lawful activity, non-compliance with relevant regulations may result in the bank refusing to process the transaction, administrative penalties, or…

In the context of today’s increasingly developed economy, selecting an appropriate business model plays a pivotal role in ensuring the stability and expansion of business operations for individuals and organizations. After a period of operation, many household businesses reach a certain scale and…

To promote a healthy lifestyle and strengthen team spirit, Apolat Legal successfully hosted the 2025 Badminton Tournament with the enthusiastic participation of all employees. APOLAT LEGAL BADMINTON TOURNAMENT 2025 More than just a sports competition, this year’s tournament brought an incredibly…

Amid significant fluctuations in Vietnam’s real estate market, the transfer of real estate projects through the assignment of capital contribution in the project-owning company has become a flexible and increasingly common solution. This method not only helps save time and costs but also minimizes…

In the process of distributing and marketing cosmetic products in the Vietnamese market, businesses often seek to adjust product packaging to better align with their business strategies, target customer segments, or specific markets. However, under Vietnamese law, cosmetic products must obtain a…

On April 12, 2025, the 13th Central Party Committee issued Resolution 60-NQ/TW, approving the plan for rearranging and merging provincial-level administrative units, eliminating district-level organization, merging commune-level units, and establishing a two-tier local government model. On June 12,…

One of the most pivotal regulatory changes introduced under Circular No. 03/2025/TT-NHNN (“Circular 03/2025”) is the adjustment in determining the foreign ownership threshold used to classify whether an enterprise qualifies as a “foreign direct investment enterprise” (FDI enterprise). Though the…

Viet Nam is an attractive destination for foreigners to live and work, thanks to its friendly living environment, open-minded people, stable political system, and safe, peaceful society. In recent years, the country has welcomed a strong wave of foreign direct investment (FDI), with numerous FDI…

Apolat Legal is honored to participate in the Masterclass in Private Equity (PE) & Venture Capital (VC) – The Art of Deal-Making in Vietnam, organized by the Vietnam Private Capital Agency (VCPA) in collaboration with NUS Enterprise. This intensive training program focuses on equipping professionals…

In the context of the increasingly development of Vietnam’s e-commerce market and its growing attraction for foreign investment, a comprehensive understanding of the legal regulations pertaining to the establishment and operation of e-commerce trading floors (also referred to as electronic…

Vietnam has become an increasingly attractive destination for foreign workers thanks to its stable working environment and rapidly growing economy. Among these foreign workers, many are married to Vietnamese citizens and seek employment in local enterprises. However, to work legally in Vietnam,…

Commercial arbitration is a method of dispute resolution that serves as an alternative to court proceedings, based on the agreement of the parties, offering highly flexible and respecting their autonomy in commercial activities. Arbitral awards are final and binding, thereby helping to reduce the…

A construction competency certificate is the legal basis for an organization to be permitted to participate in construction activities in accordance with the scope of the granted capacity.   Applying for a competency certificate, especially for Grade III, must be done in accordance with the correct…

In the food and beverage service industry, serving alcohol at the table is a common practice in restaurants and eateries. However, not everyone is aware that On-Premise Retail Alcohol Sales is a conditional business line in Vietnam, which requires proper licensing in accordance with the…

Currently, the change of the Head of a Representative Office of a foreign trader in Vietnam is a legal procedure that must be carried out in accordance with the law to avoid affecting the operations of the Representative Office. The Head plays an important role, therefore, any changes to this…

1. Definition of Enterprises providing services without network infrastructure  Article 3.29 of the Telecommunications Law 2023 stipulates the definition of enterprises providing services without network infrastructure as follows:  “29. A telecommunications enterprise is an…

I. Overview  With a long coastline, the aquaculture industry has long been considered one of Vietnam’s key sectors. Furthermore, the Prime Minister has issued numerous policies, approved many projects, and strategic plans to promote and develop the aquaculture industry, especially mariculture,…

I. INTRODUCTION  Decree 13/2023/ND-CP and the forthcoming Law on Personal Data Protection are the two primary legal normative documents governing issues related to the processing and protection of personal data in Vietnam. However, these two legal normative documents do not directly stipulate…

In the context of Vietnam’s ongoing legal reform, numerous legislative documents (“Legislative Documents”), particularly in the fields of land, investment, construction, and public procurement, are undergoing review, revision, or replacement. However, during transitional periods, a common issue…

Legal Basis  Decree No. 69/2024/ND-CP on Electronic Identification and Authentication.  In the digital age, government agencies and organizations increasingly rely on online platforms to carry out administrative procedures and conduct transactions. Pursuant to Clause 4, Article 40 of Decree No.…

As Vietnam commits to achieving “Net Zero” by 2050, the Vietnamese government has implemented numerous programs to develop clean energy and reduce greenhouse gas emissions. It has also intensified inspections and enforcement actions against environmental violations. In several environmental…

In the context of deep international economic integration, the role of logistics services, particularly customs procedure agents (including customs clearance services), is increasingly important. For foreign investors seeking opportunities in the Vietnamese market, this sector is promising but…

In the context of economic integration and development, commercial mediation is increasingly encouraged as an alternative dispute resolution mechanism. In business environments, disputes are inevitable; however, settling disputes through litigation or arbitration may not always be the most effective…