Công ty dịch vụ luật Apolat Legal

Under the corporate governance mechanism in Vietnam, significant transactions are not solely decided by the legal representative but often require approval from the highest governing bodies, such as the General Meeting of Shareholders (“ GMS ”) or the Board of Directors (“ BOD ”). This process is regarded as an important internal control measure to ensure transparency and protect the interests of the owners (“ Owners ”).   While the Law on Enterprises 2020 applies generally to ordinary companies with a common approval threshold of 35% of total assets, as of August 1, 2025, the Law on State Management and Investment of Capital in Enterprises 2025 (“ Law on State Management 2025 ”) will officially take effect, introducing a specific approval mechanism for enterprises with state capital. The article below provides a detailed analysis of the approval authority for each relevant group.   1. Approval authority for transactions STT   Type of Enterprise   Type of Tra...

In the context of Vietnam’s increasingly globalized economy, it is common for foreign nationals to be appointed as directors or legal representatives of subsidiaries in Vietnam. These positions often do not require the individual to reside in Vietnam or to receive remuneration directly from the Vietnamese entity. While commercially practical, such arrangements raise significant legal questions under Vietnamese law, particularly concerning obligations related to social insurance, personal income tax, and work permits, as compared to ordinary foreign employees (who typically sign labor contracts with Vietnamese entities and are remunerated in Vietnam).   This article analyzes the principal legal obligations in this context, highlighting the key issues that foreign directors must be mindful of in contrast to ordinary foreign employees, thereby assisting both companies and individuals in shaping appropriate compliance structures.   1. Comp...

Dear Valued Clients and Partners,   On the occasion of the Lunar New Year 2026  –  the Year of the Horse, Apolat Legal wishes valued Clients and Partners a year filled with health, prosperity, and success.   We would like to express our deepest gratitude for your unwavering trust and partnership throughout 2025. We look forward to continuing our journey together in the years ahead.   The year 2025 concluded with significant milestones, marking a transformative period for Apolat Legal. With the invaluable support of Clients and Partners, we have achieved notable recognition. Apolat Legal continues to be highly regarded by prestigious legal directories and publications. Specifically,  Asialaw  has honored Apolat Legal as a  Notable Firm  in the M&A practice. Furthermore,  Asian Legal Business (ALB)  has ranked us in  Tier 3  for M&A and named us in the...

It is important to understand that a product is considered  as  a medical device  if :   Firstly : A product line may be classified as a medical device if it is an instrument, implant, apparatus, material, in-vitro reagent or calibrator, or software that meets simultaneously the requirements including: (i) It is intended, by the product owner, to be used, whether alone or in combination, for human beings for one or more the purpose of: diagnosis, prevention, monitoring, treatment or alleviation of disease, or compensation for an injury or trauma; investigation, replacement, modification or support of the anatomy or of a physiological process; supporting or sustaining life; control of conception, disinfection of medical devices; providing information serving diagnosis, monitoring or treatment through examination of specimens derived from the human body. And (ii) T...

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...