Công ty dịch vụ luật Apolat Legal

In recent years, along with the rapid development of Vietnam’s economy, the demand for short-term, seasonal, or project-based labor has been increasing significantly. Enterprises, especially foreign-invested companies and factory projects in industrial parks and export processing zones, often have a recurring need for additional human resources but may not wish or be able to sign direct labor contracts. In this context, labor outsourcing services (also referred to as labor supply services) have emerged as an effective solution, enabling businesses to manage their workforce more flexibly while ensuring the protection of employees’ rights and benefits through their legal relationship with the labor outsourcing enterprise.  However, unlike normal business activities, labor outsourcing is classified under Vietnamese law as a conditional business line. Moreover, the scope of jobs that may be outsourced is restricted by legal regulations. This article provides a detailed analysis of the...

As land resources become increasingly limited, leasing land from individuals or other entities for business operations has become a common solution for many enterprises. However, not all businesses fully understand the legal regulations surrounding the construction of facilities on leased land—especially when the lessor is an individual.   A lack of legal awareness or a subjective approach during implementation can lead to serious legal risks, such as disputes over ownership of the constructed property, denial of construction permits, or ineligibility for compensation when the State reclaims the land. This article analyses key legal issues that businesses must consider to ensure lawful and secure investment when building on land leased from individuals.   1. Conditions the Lessor Must Meet According to Article 37 of the 2024 Land Law, individuals who are allocated land by the State within the prescribed limits; land allocated with land use fees; land leased with a...

The development of Vietnam’s digital economy has promoted the use of non-cash payment methods, among which e-wallet services have become increasingly popular. The potential of this market has attracted the interest of many foreign enterprises. However, entering this sector requires strict compliance with specialized legal regulations.   This article analyzes the conditions that foreign enterprises (understood as enterprises established and operating under foreign laws) must meet to provide e-wallet services in Vietnam, based on the provisions of Decree 52/2024/ND-CP on non-cash payments (“Decree 52”) and Circular 40/2024/TT-NHNN (“Circular 40”).   1. Overview of Vietnamese  Legal Framework   According to Articles 3.16 and 22.1 of Decree 52, e-wallet services are classified as a type of intermediary payment service. E-wallet service is a conditional business line subject to the direct state management of the State Bank of Vietnam (“SBV”). Any organization wishing t...

In the context of current business operations, it is not uncommon for an individual to concurrently hold managerial positions (such as Chief Executive Officer, General Director, or Legal Representative) in multiple companies. This raises a pertinent legal question: when such an individual receives salaries from both enterprises, or only from one of them, how should their obligations to pay Social Insurance (SI), Health Insurance (HI), And Unemployment Insurance (UI) Be Determined?    This article analyzes a practical case: Mr. A has concurrently served as the legal representative and Chief Executive Officer of Company ABC (receiving a monthly salary) since 2017, and as the legal representative and General Director of Company X since 2023. The legal issue arising is whether Company X is obligated to pay compulsory social insurance, health insurance, and unemployment insurance contributions for Mr. A, and if so, which specific types of insurance are applicab...

Using retained earnings to increase investment capital for a project has become an increasingly popular financial strategy for investors, particularly foreign investors, in Vietnam. This approach not only optimizes available resources but also demonstrates flexibility, which is crucial in a volatile capital market.   However, applying this mechanism in Vietnam’s legal environment presents its own set of challenges. Below is a detailed analysis of the legal basis, practical procedures, and the advantages and disadvantages of this option.   1. Legal framework and the nature of increasing capital from reinvested profits   Currently, Vietnamese law does not have a direct provision on using after-tax profits to increase charter capital. Nevertheless, this activity is recognized and carried out in practice by applying relevant provisions from the  Law on Enterprises 2020 (amended in 2025)  and the  Law on Investment...