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…

To bring cloud computing services closer to customers in the Vietnamese market, leading technology corporations such as Google, Microsoft, and Amazon have established partnership relations with domestic enterprises. Through distribution agreements, these Vietnamese Companies act as intermediaries,…

In the course of investment activities in Vietnam, raising capital from foreign entities is an effective means for enterprises to quickly access financial resources. However, many enterprises overlook the risk of overdue short-term foreign loans if not properly managed. Therefore, this article…

As a manufacturer, importer and trader of cosmetic products, all of them will not be able to ignore the special regulations related to the obligation to draft, prepare and keep Cosmetic Product Information File. This content can be affirmed with certainty because Clause 4 Article 48 of Circular No.…

The issuance of work permits for foreign employees in Vietnam is governed by legal regulations to ensure strict and effective management of foreign employers. However, in certain special cases, the permit application process involves distinct procedures and dossiers compared to the standard process.…

For those who are fans of Korean or Chinese dramas, films adapted from comics or novels are likely familiar. Recently, “First Frost” a phenomenon on online streaming platforms adapted from the number-one novel on Jinjiang Literature City by author Zhu Yi, and “The trauma code: Heroes on call”…

In the context of an increasingly dynamic labor market, employers and employees continuously seek flexible solutions in their employment relationships. In many cases, the parties wish to anticipate and enter into an agreement on the termination of the labor contract at the time of concluding the…

During the distribution of cosmetic products in the market, there are cases where enterprises voluntarily request the withdrawal of the cosmetic product notification receipt for various reasons. One notable factor is the regulatory changes in the permissible concentration limits of ingredients used…

Dimissal is one of the disciplinary measures prescribed in the Labor Code 2019 and is considered the most severe form of disciplinary action against an employee. The application of dismissal requires employers to strictly comply with legal regulations to avoid labor disputes and potential legal…

Many Vietnamese Investors have successfully taken their business activities abroad and earned stable profits from foreign companies (“Foreign Company”). Upon achieving a certain level of growth, the Foreign Company may expand its scale by establishing or contributing capital to another company. This…

1. ESG – From peripheral factor to core corporate governance standard In the era of green transition and sustainable development, ESG (Environmental, Social, and Governance) is no longer merely a “preferred option” but is evolving into an inherent obligation within corporate governance structures.…

Vietnam is a promising market in the field of foreign language education due to the increasing demand for learning English, Chinese, Japanese, and other languages. However, foreign investors entering this sector face significant legal challenges. This article analyzes the key legal barriers that…

Law on Commercial Law 2005 permits foreign traders to establish representative offices in Vietnam to conduct trade promotion activities within the scope allowed by this Law. Accordingly, Article 9.1 of Decree No. 07/2016/ND-CP stipulates that the Representative Office Establishment License has a…

In the context of economic integration, Vietnam is increasingly becoming an attractive destination for foreign investors. Acquiring shares in a Vietnamese company is one of the most common forms of investment, allowing investors to enter the market without establishing a new company. However, this…

Legal Basis:  Investment Law 2020 (Law No. 61/2020/QH14).  Securities Law 2019 (Law No. 54/2019/QH14).  Decree No. 135/2015/ND-CP providing guidelines for the implementation of certain provisions of the Investment Law.  Circular No. 05/2014/TT-NHNN of the State Bank of Vietnam regulating foreign…

Currently, it is common practice for overseas parent companies to assign senior personnel to Vietnam for management and operational roles within foreign-invested enterprises. Many enterprises, in particular, appoint these personnel as legal representatives due to their global management experience…

In the context of global economic integration, technology transfer plays a crucial role in Vietnam’s socio-economic development. The adoption, application, and innovation of technology not only help businesses enhance their competitiveness but also optimize production processes and create high-value…

The concept of “Environmental Permit” appeared with the introduction of the Law on Environmental Protection 2020 (“LOEP 2020“). An Environmental Permit is a document that integrates many contents related to the environment in a variety of aspects such as regulations on hazardous waste treatment,…

1. Scope of study abroad consulting services  Study abroad consulting services include:  Introduce and advise on information about education policies of countries and territories; advise on choosing schools, courses, professions and qualifications suitable to learners’ abilities and…

Counterclaim is one of the defendant’s rights against the plaintiff or any party with related rights and obligations who has an independent claim. To exercise the right to file a counterclaim, the defendant must submit it before the meeting to examine the submission, access, disclosure of evidence,…

An arbitration agreement is one of the prerequisites for disputes between parties to be resolved through arbitration. Accordingly, an invalid arbitration agreement may result in the inability to resolve the dispute by arbitration.   According to Clause 2, Article 3 of the Law on Commercial…

Generally, the Court won’t handle a dispute if the parties have agreed to arbitration. However, under Article 6 of the Law on Commercial Arbitration 2010, if the arbitration agreement is either invalid or unenforceable, the Court can step in to resolve the dispute.  According to Article 4 of…

Transactions involving future-developed real estate have become increasingly common in the current real estate market. However, to ensure the rights and interests of buyers as well as the responsibilities of developers, the Law on Real Estate Business 2023 provides for detailed regulations regarding…

Apolat Legal’s Partner Mr. Dinh Quang Long (Partner) and Senior Associate Ms. Nguyen Thi Hai Yen (Senior Associate) participated in a specialized seminar titled “Interview Skills and Labor Law Knowledge – Essentials for New Graduates.” This seminar was exclusively organized for students of the…

Real estate ownership by foreign entities and individuals in Vietnam is a matter of particular concern under Vietnamese law, with various guidelines on conditions and implementation to ensure effective land management for both domestic and foreign individuals and organizations. Accordingly, the…

In the context of a rapidly growing economy, building a stable and harmonious working environment and protecting the rights of employees is a matter of concern for every enterprise. One of the important solutions to achieve this goal is to establish a primary trade union. However, in practice in…

Vietnam has become an attractive destination for foreign investors thanks to its favorable business environment, investment incentives, and competitive production costs. However, not all investment projects achieve the expected success. Some foreign-invested enterprises (FDIs) may need to make the…

The protection of personal data is an essential requirement in the context of digitalization and the increasing risk of violations against the rights and legitimate interests of data subjects. Personal data protection measures must go beyond preventive actions and include an effective and timely…

Personal data, an intangible asset associated with each individual’s identity. Personal data seems to be one of the main objects collected and processed for businesses operating in the fields of e-commerce, banking, etc. Collection methods vary from traditional (on paper, orally, etc.) to…

The selection and use of safe, environmentally friendly products are becoming increasingly popular and favored by consumers. Among these products, non-woven fabric bags made from polypropylene are widely used in daily life. For manufacturers and sellers of these products, current regulations require…