Công ty dịch vụ luật Apolat Legal

In practice, many enterprises employ foreign employees at multiple branches or offices located in different provinces and cities, resulting in an increasing demand for multi-location work. In addition, there are also cases where foreign employees marry Vietnamese citizens and reside in Vietnam. Previously, both groups of individuals were required to apply for confirmation of not being subject to a work permit, which was time-consuming and administratively burdensome. However, under  Decree No. 219/2024/ND-CP , the procedure has been streamlined: the employer only needs to  notify the competent authority  instead of applying for confirmation as before. Below is a detailed analysis of the notification procedure for cases where no confirmation of not being subject to a work permit is required.   1. Notification of Exemption from Work Permit Confirmation Procedures 3   The employer must notify the compete...

The construction sector in Vietnam is classified as a conditional business line, subject to stringent supervision under various specialized legal regulations. Accordingly, when carrying out the legal due diligence on construction companies, the review of the legality, validity, and sufficiency of relevant certificates and licenses is essential for assessing the company’s capacity, its compliance with the law, as well as identifying potential legal risks.   1. Construction capability certificate (applicable prior to 01 July 2025)   Prior to 01 July 2025, organizations engaging in the following construction activities were required to obtain a Construction capability certificate: 1     Construction investment project management consultancy;    Construction survey;    Construction planning designing;    Construction designing or construction design examination;    Work constr...

In the context of global economic integration, it’s increasingly common for Vietnamese enterprises to appoint their employees to work, intern, or receive training at overseas companies, especially parent companies or affiliates in the same business sector. This activity, collectively known as “ Intra-Company Transfer ”, is an essential part of globalization. It not only helps employees develop their professional skills but also serves as a strategy to enhance the enterprise’s competitive edge.   However, all labor secondment activities must strictly comply with Vietnam’s applicable laws to protect the legitimate rights and interests of employees. In this article, we will provide a detailed legal analysis of labor secondment, including applicable forms, necessary conditions, procedures, as well as the responsibilities of the employer and the rights of the employee. Our goal is to offer a comprehensive overview that helps Vietnamese ...

In the context of an increasingly dynamic labor market, employment services play a crucial role in connecting employees with employers. However, due to their specific nature, enterprises operating in this sector must comply with strict legal regulations to ensure transparency, publicity, and the legitimate rights of all relevant parties. This article provides an overview of key regulatory notes on the responsibilities of employment service enterprises, their notification obligations, as well as typical administrative penalties for violations.  I. Responsibilities of enterprises in employment service activities    Publicly post a certified copy of the license or decision on license revocation at the enterprise’s headquarters.   Monitor the employment status of employees introduced or supplied by the enterprise for at least 03 months or during the period of the labor contract (for labor contracts with a term of less than 03 months).   Establish, upd...

Under the corporate governance mechanism in Vietnam, significant transactions are not solely decided by the legal representative but often require approval from the highest governing bodies, such as the General Meeting of Shareholders (“ GMS ”) or the Board of Directors (“ BOD ”). This process is regarded as an important internal control measure to ensure transparency and protect the interests of the owners (“ Owners ”).   While the Law on Enterprises 2020 applies generally to ordinary companies with a common approval threshold of 35% of total assets, as of August 1, 2025, the Law on State Management and Investment of Capital in Enterprises 2025 (“ Law on State Management 2025 ”) will officially take effect, introducing a specific approval mechanism for enterprises with state capital. The article below provides a detailed analysis of the approval authority for each relevant group.   1. Approval authority for transactions STT   Type of Enterprise   Type of Tra...