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Economic Concentration Notification Obligations in M&A Transactions in Vietnam

In mergers and acquisitions (M&A) transactions, the parties often focus on investment approvals, market access conditions, tax, foreign exchange, and procedures for amending enterprise registration. However, the obligation to notify an economic concentration under competition law is also an important matter that should be considered during the transaction process. This article examines one of the key issues in the preparation and due diligence of an M&A transaction: (i) the factors determining whether a transaction constitutes an economic concentration; and (ii) the application of the economic concentration notification thresholds under the prevailing law.   1. Forms of economic concentration The Law on Competition 2018 recognises five categories of economic concentration: enterprise merger, enterprise consolidation, acquisition of an enterprise, joint venture between enterprises, and other forms of economic concentration as prescribed by law. In particular:   (i) An enterp...

Property acquired before marriage registration may still continue common property of the spouses

In disputes concerning the division of property upon divorce, the time at which the property was created and the name stated in the relevant certificate are commonly relied upon to determine whether the property constitutes common or separate property. Under the conventional approach, property acquired before marriage registration and registered solely in the name of one party would generally be regarded as that party’s separate property.   However, Precedent No. 82/2025/AL demonstrates that the date of execution of the relevant agreement and the information recorded in the certificate are not the sole determining factors. The classification of property as common property also depends on the parties’ actual intention when acquiring the property, the persons who actually participated in the transaction, the purpose for which the property was acquired, and the confirmation of the transferor.   Precedent No. 82/2025/AL, concerning the determination of common property of the spouses befo...

Apolat Legal continues to be recognised in the Asialaw Vietnam 2026 rankings 

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Apolat Legal is honoured to be featured once again in the asialaw Vietnam 2026 rankings. More than a milestone, this recognition reflects the firm’s consistent commitment to high legal standards and its deep understanding of the market landscape.   This year, Apolat Legal is recognised as a Notable law firm in two practice areas:   Corporate and M&A – marking the fifth consecutive year of ranking since 2022   Intellectual Property   https://apolatlegal.com/wp-content/uploads/2026/10/Your-paragraph-text-1200-x-700-px-3.mp4 Behind every ranking are the dedication, hands-on expertise and tireless commitment of the entire team, together with the continued support and trust of the firm’s clients.   Apolat Legal will continue to put in-depth legal advice at the heart of its work, delivering practical and well-suited legal solutions for clients on every project.   See the full rankings here: https://www.iflr.com/vietnam-asialaw   Nguồn: https://ift.tt/ON9rEP2 Map: https://g...

Distinguishing Managers and Experts when applying for work permits for foreign workers in Vietnam

According to data from the Ministry of Home Affairs published by Lao Dong Newspaper on May 27 th , 2026, by the end of 2025, Vietnam had 162,858 foreign workers (“ FWs ”) working in the country, coming from approximately 110 countries and territories. Of which: [1] 155,088 people fall within the group required to hold a work permit, and 7,770 people are exempt from work permits. By job position, Technical Workers account for the largest number with 85,951 people, followed by Experts with 44,342 people, Managers with 22,416 people, and Executive Directors with 10,149 people. FWs in Vietnam come from approximately 110 countries and territories. Of these, workers of Chinese nationality account for the highest proportion at 31.1%, followed by the Republic of Korea at 18.5%, Taiwan (China) at 12.9%, and Japan at 9.5%. In the context of increasingly deep international economic integration, the Vietnamese labor market is shifting toward diversifying its human resources, including the in...

ESOP Handbook

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Employee cooperation obligations in internal investigations: The boundary between the enterprise’s management rights and employees’ right to privacy

Internal investigations are an important tool for enterprises to verify signs of violations, protect assets, and maintain workplace order. In this process, enterprises often need employees (“ Employees ”) to provide information, explain matters, or submit documents. Enterprises may also need to inspect devices and accounts used for work.   However, an employer’s rights to manage, direct, and supervise are not absolute. These rights do not mean that Employees must comply with every investigation request. Nor do they automatically allow an enterprise to access every device, account, or item of data used by Employees. Therefore, Employees’ cooperation obligations must be considered within the framework of labor law, privacy rights, and personal data protection laws.   This article analyzes three issues: (i) the basis and scope of the cooperation obligation; (ii) limitations on disciplinary action when an Employee does not cooperate; and (iii) limitations on an enterprise when inspecting...