Recently, at the Hanoi office, Partner Nguyen Thi Kim Dung held a meeting and welcomed Mr. Stanley Chu, a representative from Show Brand Intellectual Property Office (Show Brand IPO).  Partner Nguyen Thi Kim Dung held a meeting and welcomed Mr. Stanley Chu Established in 2011, Show Brand IPO…

Mediation is a popular method of dispute resolution in many countries and is often encouraged before parties proceed to arbitration. However, the question arises: is it mandatory for parties to mediate before initiating arbitration if there is a multi-tier arbitration clause in their agreement? This…

Legal basis: Decree 86/2018/ND-CP regulates foreign cooperation and investment in the field of education. This article will provide an overview and details of the prerequisites, step-by-step process, necessary documents and specific procedures for establishing a foreign-invested foreign language…

In the context of deepening international economic integration, outward investment activities by Vietnamese investors are expanding rapidly in both volume and scale. However, in order to conduct capital transfer transactions in service of such investments, investors must comply with the laws on…

In Vietnam, the Ministry of Finance is seeking feedback on a draft decree concerning the establishment and operation of a domestic carbon exchange, with the proposal suggesting that securities companies act as intermediaries to facilitate carbon credit transaction. Such frameworks are crucial for…

Vietnam has emerged as a highly attractive destination for foreign investors, driven by its open-door policies and business-friendly environment. Among the key activities related to investment in Vietnam, leasing factories for production and business operations plays a crucial role. However, in…

In civil relations, the use of security for performance of obligations is a crucial tool to safeguard the lawful interests of parties involved in a transaction. Pursuant to Article 292 of the 2015 Civil Code, security measures include pledge, mortgage, deposit, collateral security, escrow, title…

In the context of an increasingly dynamic and rapidly evolving labor market, workplace-based vocational training plays a crucial role in preparing a workforce that meets the practical needs of enterprises. Under the applicable Labor Code, employees have the right to receive vocational training,…

In the context of the strong development of e-commerce and digital communication, advertising and introducing products and services through Influencers (influencers, KOLs, KOCs, etc.) have become a popular trend, contributing to shaping the consumer behavior of society. With wide reach and a high…

In the context of Vietnam’s economy increasingly deep integration into the global economy, the demand for connecting labor supply and demand between businesses and employees is constantly rising, leading to the strong development of employment services. For foreign investors wishing to conduct…

In recent years, the issue of forced labor has emerged as a major concern not only domestically but also at the international level. The prevention and elimination of forced labor practices are not only requirements imposed by state regulatory authorities but also constitute critical standards under…

Effective from January 1, 2025, Decree No. 160/2024/ND-CP officially comes into force, bringing significant changes to the conditions for registering automotive driving training services.  1. Conditions for form of establishing a training facility  According to Article 2 Decree No. 160/2024/ND-CP,…

The Cosmetic Product Information File is a content of great importance in the production, import and distribution of cosmetic products in the Vietnamese market. The reason for this affirmation is that Circular No. 06/2011/TT-BYT has devoted Appendix No. 07-MP to detail the contents and guide the…

1. Definition of unfair competition  The Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, and 2022 (hereinafter referred to as the “IP Law”), does not define what constitutes unfair competition with respect to industrial property rights. The Paris Convention for the…

As of January 5, 2025, enterprises generating air emissions in the course of their manufacturing or business activities will be required to pay an additional environmental protection fee, pursuant to Decree No. 153/2024/ND-CP.   1. Payers of air emissions environmental fees  The environmental…

Vietnam continues to affirm its position as one of the most attractive destinations for foreign direct investment (FDI). Specifically, in the first three months of 2025, the total newly registered capital, adjusted capital, and capital contribution and share purchases by foreign investors reached…

The year 2025 continues to witness the evolution of various trends within the labor market. While phenomena such as “Quiet Quitting” and “Loud Quitting” have not cooled down, a new trend of “Revenge Quitting” is beginning to attract substantial public attention as this trend has been anticipated to…

Under Vietnamese insurance business law, particularly concerning non-life insurance, there exists a principle that permits the insured to transfer their right to claim compensation from a third party who caused damage, to the insurance company or a foreign non-life insurance branch, up to the amount…

Exit suspension is a special administrative management measure aimed at ensuring the effectiveness of civil judgment enforcement and protecting the lawful rights and interests of relevant parties. In essence, it is a mechanism that restricts the right to exit to guarantee the enforcement of…

In Vietnam’s dynamic business environment, the Business Cooperation Contract (BCC) and the Processing Contract are two commonly used forms of agreement, each serving different purposes and structures of cooperation. Understanding the nature, advantages, and limitations of each type of contract is…

Currently, when foreign investors wish to establish a company in Vietnam, they can choose one of two methods: direct establishment or indirect establishment, as follows:  1. Direct Establishment of a Company(1):  Step 1: Apply for an Investment Registration Certificate (“IRC”):  Required…

In the context of economic integration, an increasing number of Vietnamese enterprises are expanding their operations and hiring foreign workers. In particular, branches of Vietnamese companies also have a growing demand for foreign employees to meet business requirements. However, employing foreign…

To meet job requirements, enhance skills, and accumulate practical experience for workers, employers may organize vocational training for employees before the employment relationship begins. According to Article 61 of Labor Code 2019, vocational training for employment involves employers recruiting…

On September 15th, Partner Dinh Quang Long represented Apolat Legal at the launch of the Professional Service (PS) Centre in Ho Chi Minh City.  This is the second PS Centre to be established, marking a significant step in strengthening Singapore – Vietnam economic cooperation and expanding…

On September 16, Apolat Legal officially signed a strategic cooperation agreement with Bayshine (China) at our Hanoi office. The signing ceremony was attended by Lawyer Pham Hong Manh (Managing Partner) and Lawyer Nguyen Thi Kim Dung (Partner) of Apolat Legal, along with delegation from…

In an employment relationship, the process begins with recruitment and proceeds through the signing, performance, and termination of the labor contract each being an essential stage in the relationship between the parties. Among these, the termination of the labor contract is a particularly…

When making offshore investments, Vietnamese Investors must comply with both the laws of Viet Nam and the laws of the host country. Among these, the transfer of overseas investment capital constitutes a legally complex transaction, governed by both legal systems, and requires caution and thorough…

The Investment Law 2020 not only allows investors to invest in Vietnam from abroad but also enables investors to invest from Vietnam to foreign countries. Accordingly, investors need to pay attention to several issues related to foreign investment as follows: 1. The subjects investing…

In a technology transfer transaction, a Technology Transfer Agreement plays a pivotal role in ensuring that the process of transferring technology, technical know-how, and intellectual property rights between the parties is carried out lawfully and transparently. Whether the subject matter is…

Foreign borrowing on a self-borrowing, self-repaying basis through loan agreements and disbursement in cash has become an increasingly common method of capital mobilization for enterprises. However, as such borrowings may impact on national economic and financial stability, borrowers must meet…

Apolat Legal was honored to support the Vietnam Moot Court Competition (VMCC) 2025, with Partner Nguyen Thi Kim Dung and Senior Associate Nguyen Duc Huy participating as judges.  The VMCC is an academic competition co-organized by ALSA Vietnam, the Moot Club of Hanoi Law University, and the Ho Chi…

Apolat Legal was honored to be the Academic Sponsor for the Soul of Law (SOL) 2025 competition, an academic event on the topic of “E-commerce” organized by the LCC – FTU.  In this capacity, Apolat Legal’s lawyers and associates participated throughout the competition rounds. Partners Pham Thi Thoa…

Labor Code 2019 defines Employees as individuals who work for employers under a labor agreement, receive wages, and are subject to the management, administration, and supervision of the Employers. The minimum working age for Employees is 15 years old,(1) except in certain cases where Employers are…

Intellectual Property (IP) plays a pivotal role in fostering innovation and protecting the rights of individuals and organizations engaged in creative activities. In Vietnam, as the country continues to integrate into the global economy, the significance of IP protection has garnered considerable…

The process of executing contracts can be affected by numerous unforeseen objective factors that the parties involved cannot anticipate. Among these, “Force Majeure Events” and “Hardship” are both undesirable events that the contracting parties cannot foresee, making contract performance exceedingly…

To meet business production demands, some enterprises currently need to sublease labor from labor subleasing enterprises. However, enterprises are not always entitled to sublease labor; only when meeting the conditions stipulated by labor law is the subleasing of labor considered lawful. Labor…

Legal Basis  Law on Tax Administration No. 38/2019/QH14;     Decree No. 132/2020/ND-CP providing for tax administration of enterprises with related party transactions.     1. Definition of Related Party Transactions Pursuant to Clause 22, Article 3 of the Law on Tax Administration, related party…

Under the Law on Corporate Income Tax 2008 (as amended and supplemented in 2013 and subsequent years) (“Law on Corporate Income Tax”), income derived from real estate transfer activities is defined as taxable income and must be declared and paid separately; it is not entitled to the regular…

In the context of economic integration and the increasing flow of foreign investment, the use of short-term loans from foreign parent companies has become more common among Vietnamese enterprises. However, alongside financial benefits, businesses also face significant legal risks if they fail to…

Labor subleasing is a business activity practiced by many enterprises to meet business production demands of other enterprises in certain cases such as: temporarily addressing a sudden increase in labor demand for a certain period; replacing employees who are on maternity leave, have suffered…