Công ty dịch vụ luật Apolat Legal

Viet Nam is an attractive location for many foreigners who come to work and settle permanently. Parallel to investment, business, and living activities, financial lending between foreigners, or between a foreigner and a Viet Nam national, is relatively common. In some cases, to secure payment obligations, the Borrower may mortgage the shares that it owns in a Viet Nam company as collateral for the loan. When participating in this type of transaction, the Lender, being a foreigner, needs to pay special attention to several important legal issues in order to protect its lawful rights and interests:  1. Loan contract: The parties are required to enter into a Loan Contract with clear and comprehensive contents, including: the loan amount, interest rate, loan term, payment method, the rights and obligations of each party, as well as the sanctions applied if the Borrower breaches the repayment obligation. To enhance legal certainty and the ability to provide evidence in the event of a ...

In civil proceedings, the burden of proof plays a pivotal role in ensuring that disputes are adjudicated objectively and in accordance with the law. However, not every fact or circumstance is required to be proven by the parties. The 2015 Civil Procedure Code (“CPC 2015”) clearly stipulates certain categories of facts and circumstances for which the parties are exempt from providing proof, thereby shortening the duration of proceedings and enhancing the efficiency of adjudication.   The principle of proof can be understood simply as follows:   A party initiating a lawsuit or requesting the Court to protect its lawful rights and interests must bear the burden of proof.   A party opposing a claim or asserting that the opposing party’s request is unfounded must also provide evidence to substantiate such assertion.   This principle ensures fairness and prevents parties from making unsupported claims. Nonetheless, ...

In current business activities, the establishment and application of general terms and conditions (“ T&C ”) have become increasingly common, particularly for enterprises providing goods or services to a large number of customers. T&C help enterprises standardize contractual provisions, reduce negotiation costs, and ensure consistency in contract management. However, since they are unilaterally drafted and applied on a broad scale, such terms potentially pose risks of disadvantaging consumers or creating an imbalance of rights and obligations between the parties. Therefore, civil law and consumer protection law have established specific regulations to govern the application of T&C, aiming both to safeguard the freedom of business operations and to protect the legitimate rights and interests of the disadvantaged party in the transaction.   1. Definition of general terms and conditions (T&C) According to Article 406 of the Civil Code 2015, “ General terms and co...

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 ...