Công ty dịch vụ luật Apolat Legal

When a bank files a lawsuit against an individual who is a household business owner to demand debt repayment under a credit contract, determining whether this constitutes a civil dispute or a commercial dispute does not solely depend on the borrower’s status as a “household business owner”. The Court needs to examine the purpose of the loan, the contents of the credit contract, and whether the loan serves business activities for profit-making purposes.     1. Legal status of “household business owners” in dispute relations In practice, an individual may simultaneously hold multiple legal capacities. That person may act as a household business owner in selling goods, providing services, or manufacturing; however, they may also act as an individual borrowing money to serve personal, family, or consumer needs. Therefore, the mere fact that an individual who is a household business owner borrows money from a Bank through a credit contract is insufficient to conclude that all disputes ari...

From September 05, 2026, Decree No. 292/2026/ND-CP (“ Decree 292 ”) establishes a new legal basis for foreign-invested enterprises (“ FDI enterprises ”) to conduct merchanting trade. Instead of being prohibited as previously regulated, FDI enterprises are now permitted to conduct this activity, provided that the goods are transported directly between two foreign countries without passing through Vietnamese border gates.   However, this change has not yet been fully synchronized with the regulations on market access applicable to foreign investors. Therefore, enterprises should carefully determine the permitted scope, registration requirements, and transaction conditions before commencing the activity.     1. From “prohibited” to “permitted subject to conditions”: Previously, Article 18.2 of Decree No. 69/2018/ND-CP provided that foreign-invested economic organizations were not permitted to conduct merchanting trade, even where the goods did not pass through Vietnam.   From Septemb...

Since July 01, 2025, beneficial owners (“ BOs ”) have become an important aspect of enterprise registration law, enhancing transparency in ownership structures and actual control. Decree No. 288/2026/ND-CP further introduces sanctions for failure to declare, late updates, inaccurate declarations, or failure to retain BO information.   Accordingly, enterprises should ensure accurate BO identification, timely declaration and updates, and proper record retention to avoid fines of up to VND 100,000,000.     1. Obligation to declare and update BO information: Under Article 8.5a of the Law on Enterprises 2020, enterprises are required to collect, update and retain BO information and provide it to competent State authorities upon request. Articles 18.1 and 18.2 of Decree No. 168/2025/ND-CP provide that enterprise founders and enterprises must declare and notify BO information to the provincial-level Business Registration Authority and identify BOs who have controlling rights over the ent...

As international trade and cross-border e-commerce continue to expand, counterfeit goods and goods infringing intellectual property rights may pass through multiple countries before reaching consumers. This not only directly affects the lawful rights and interests of rights holders but also poses risks to consumers and the business environment.   In addition to measures for handling goods infringing intellectual property rights after they have entered the market, Vietnamese law permits border control measures to be applied to exported and imported goods suspected of infringing intellectual property rights. This mechanism enables suspicious goods to be detected and handled during customs procedures.   However, the practical effectiveness of customs control measures depends significantly on the ability to identify infringing goods, the quality of information provided by rights holders, the ability to respond promptly when a suspicious shipment is detected, and coordination among the re...