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Conditions for foreign investors to operate Homestay businesses in Vietnam

The provision of homestay services is no longer a new business sector. However, in order for foreign investors to conduct such business activities in Vietnam, they must satisfy all applicable conditions as prescribed by law.   In this article, the author provides legal analysis and opinions based on the prevailing laws and regulations for reference purposes. Please note that this article does not constitute legally binding advice and should not be relied upon as a basis for obtaining approval from competent authorities. Accordingly, readers are advised to consult with the relevant authorities prior to implementing any project to ensure full compliance with applicable laws.   I. CONTENTS UNDER VIETNAM’S WTO COMMITMENTS   According to Vietnam’s WTO Schedule of Commitments, Vietnam has only committed to market access for foreign investors in the following sectors:   9. TOURISM AND TRAVEL RELATED SERVICES    A. Hotel and restaurant including   Lodging services (CPC 6411...
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Procedures for Establishing a Preparatory Committee for the Establishment of an Association under Decree No. 126/2024/ND-CP

In the process of establishing an association under Vietnamese law, many organizations tend to focus primarily on preparing the application dossier for establishment while overlooking a fundamental preliminary step: the establishment of a Preparatory Committee for the establishment of an association. However, pursuant to Decree No. 126/2024/ND-CP, this is not merely a procedural step but a prerequisite condition for the association to be considered for establishment approval.   In accordance with Decree No. 126/2024/ND-CP, the establishment of a Preparatory Committee must be reviewed, commented on, and formally recognized by a competent state authority. The Preparatory Committee acts as the representative body of the founding members, responsible for preparing the application dossier and organizing the founding congress of the association.   Accordingly, a proper understanding and compliance with the procedures for establishing the Preparatory Committee are essential to ensuring both...
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Apolat Legal has been recognized in the Asian Legal Business (ALB) Intellectual Property Rankings 2026

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We are delighted to announce that Apolat Legal has been recognized in the prestigious Asian Legal Business (ALB) Intellectual Property Rankings 2026 for Vietnam. This accolade stands as a testament to the enduring strength of our Intellectual Property practice, highlighting our commitment to guiding clients through complex IP, technology, and commercial matters within today’s rapidly evolving business landscapes. We extend our deepest gratitude to our clients for their unwavering trust and support, and extend our congratulations to the IPTech team on this great achievement. Read more about the rankings here: https://lnkd.in/gnh-yJR8 Nguồn: https://ift.tt/lUxzSew Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=Apolat+Legal&kponly=&kgmid=/g/11jkvqgmw_
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Procedure for organizing a General Meeting of Shareholders under the Law on Enterprises 2020

The General Meeting of Shareholders is the highest decision-making body of a joint stock company. Therefore, organizing a meeting in strict compliance with the order and procedures prescribed by law is of particular importance to the legality of the resolutions passed. The article below outlines the basic steps in the procedure for organizing a General Meeting of Shareholders under the Law on Enterprises 2020.     Pursuant to Clauses 1 and 2 of Article 139 of the Law on Enterprises 2020, meetings of the General Meeting of Shareholders consist of two types, namely annual meetings and extraordinary meetings. Accordingly, the General Meeting of Shareholders must convene an annual meeting once every year, and such meeting must be held  within 04 months  from the end of the financial year. Where necessary, the Board of Directors may decide to extend the time for convening the annual meeting, but  not beyond 06 months  from the end of the financial year, unless otherwise provided in the com...
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Can interim emergency measures be requested at the time of filing a lawsuit?

In civil disputes, particularly disputes involving payment obligations, it is common for the obligated party to dissipate assets before the Court resolves the case. In such circumstances, even if the claimant ultimately prevails as a matter of law, enforcement of the judgment in practice may still become impossible because the assets no longer exist or can no longer be traced.   Against this backdrop, a practical question often arises:  “Can a party request the court to apply interim emergency measures at the time of filing the statement of claim?”   1.Right torequest Interim Emergency Measures   Pursuant to Clause 2, Article 111 of the Civil Procedure Code 2015 (“ CPC 2015 ”), in urgent circumstances where it is necessary to promptly preserve evidence or prevent serious consequences from occurring, agencies, organizations, and individuals have the right to request the Court to apply interim emergency measures concurrently with the filing of a lawsuit.   This provision is further g...
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Apolat Legal advises international investor consortium on early-stage development of 240 MW wind power project in Vietnam

Apolat Legal advises an international investor consortium, led by a Singapore-based renewable energy group and supported by a European energy-focused investment fund, in connection with the early-stage development of a 240 MW wind power project in Vietnam. The matter relates to early-stage investment and financing legal advisory. The project is structured in two phases, comprising 190 MW targeted for development by 2030 and an additional 50 MW planned for the period after 2030. The project site spans parts of the Central Highlands and South Central Coast regions of Vietnam, which are regarded as high-potential areas for onshore wind development. Apolat Legal’s scope of work covers the structuring of initial development arrangements and project entity setup, advice on land access strategies and securing land rights for wind farm construction, support for early-stage financing and potential loan structures, and regulatory advice on renewable energy licensing, grid connection, and power...
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Apolat Legal advises startup on corporate restructuring for multi-business expansion

Apolat Legal advised a successful startup that had raised capital from both domestic and international investment funds in connection with a corporate restructuring valued at approximately USD 3 million. Following its fundraising rounds, the founder sought to separate the company’s business segments into independent subsidiaries in order to support business expansion and facilitate future fundraising for each segment on a standalone basis. Apolat Legal advised on the available separation options, including the legal advantages, disadvantages, and implementation method of each structure. A notable feature of the matter was the complexity of the client’s business model. The startup’s core business was electric motorbike manufacturing, supported by interconnected business lines such as battery charging stations, battery rental and swapping, and motorbike rental services. The separation of these segments required careful consideration because of their operational interdependence and the ...
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