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The measure of exit suspension for civil judgment debtors

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 judgments, serving as an effective legal tool to prevent evasion of obligations and encourage fulfillment and enforcement of civil judgments by judgment debtors.   1. Legal provisions related to the exit suspension measure for civil judgment debtors According to the Law on Exit and Entry of Vietnamese Citizens 2019 (“ Law on Exit and Entry ”):   A person obligated to execute a civil judgment, or the legal representative of an agency or organization having such obligation, may be subject to exit suspension if there are grounds to believe that their departure would affect the interests of the State, or the lawful rights and interests of agencies, organizations, or individuals, or to ensur...
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Business cooperation contract (BCC) and processing contract: which is the right choice?

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 crucial for enterprises to select the most suitable model, optimize benefits, and mitigate legal risks.   1. Business Cooperation Contract (BCC)   According to Articles 3.14 and 27.1 of the 2020 Law on Investment , a Business Cooperation Contract (BCC) is an agreement entered into between investors for the purpose of conducting business activities, distributing profits, and/or sharing products in accordance with the law, without the establishment of a new legal entity.   This can be a contractual agreement between domestic investors, foreign investors, or a combination of both. In cases where the BCC involves foreign elements such as agreements between domestic and foreign inv...
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Forms of establishing a foreign-invested company in Vietnam

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 documents include (2) :    A written request to implement the investment project, including a commitment to bear all expenses and risks if the project is not approved;   Documents proving the investor’s legal status: Copy of legal identification (ID card/passport for individuals; Certificate of incorporation or equivalent for organizations);   Documents proving the investor’s financial capacity, including at least one of the following: The investor’s financial statements for the last two years; Commitment of financial support from the parent company; Commitment of financial support from a financial institution; Guarantee of financial capability from a th...
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Key considerations when a branch employs foreign workers

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 workers at a branch must comply with relevant legal regulations, especially those concerning permit, employment contracts, tax obligations, and salary policies. This article highlights key considerations for branches employing foreign workers, enabling branches to ensure legal compliance and mitigate unnecessary legal risks.   1. Regarding permit   In general, when a branch of a Vietnamese enterprise employs foreign employees, it shall obtain a Work Permit (“WP”) or a Certification of Exemption from Work Permit Requirement (“WPE Certification”). Many enterprises believe that if a foreign employee already has a WP for the head office, they can continue using it at the branch. Howe...
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Comparing the vocational training relationship and internship relationship

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 individuals to guide them in practical work and train them for specific job positions at the workplace. However, in practice, there are many cases where employers confuse the vocational training relationship with the internship relationship, despite the clear differences between these two types of relationships in terms of applicable subjects, duration, rights, and obligations.   In this article, the author will present some similarities and differences between these two relationships.   1. Similarities of vocational training relationship and internship relationship:   Common purpose: Both types of relationships aim to help individuals access a real work environment, impr...
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Apolat Legal attends launch of Professional Service Centre in Ho Chi Minh City

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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 Singapore’s professional services across Asia.   Founded by a coalition of eight Singaporean trade associations and professional organizations, the PS Centre represents a vast network spanning 30 industries and sectors. Its mission is to support Singaporean professional services firms and businesses as they explore new markets in Vietnam and other countries.   As a member of the Institute of Singapore Chartered Accountants in Vietnam (ISCA Vietnam), Apolat Legal is committed to building these international bridges and providing essential legal support to help foreign businesses navigate and comply with legal regulations when operating in Vietnam.   Nguồn: https://ift.tt/1...
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Apolat Legal and Bayshine enter into a strategic partnership to support international investors in Vietnam

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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 Bayshine.   This cooperation marks a new step forward for Apolat Legal and Bayshine, with the shared goal of providing a solid legal foundation to support international investors in successfully accessing and implementing projects in the Vietnamese market.   About Bayshine: Bayshine is a reputable investment consulting firm with a wide network, specializing in assisting Chinese investors in pouring capital into major projects in Vietnam, particularly in the fields of real estate, industrial parks, and hospitality.   #ApolatLegal #Partnership #Bayshine   Nguồn: https://ift.tt/976kYJi Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=A...
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