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Legal Due Diligence of Healthcare Intermediary Service Platforms in Vietnam: Perspectives on Licensing, Intellectual Property, and Personal Data

I. INTRODUCTION The market for healthcare service booking platforms in Vietnam – spanning telemedicine, appointment booking, and online health consultations – is growing rapidly, driving a wave of fundraising and mergers and acquisitions (M&A) in the health technology sector. However, unlike a typical technology start-up, legal due diligence on this group of businesses is considerably more complex, as their business models sit at the intersection of multiple areas of law: the law on medical examination and treatment, e-commerce law, intellectual property law, and personal data protection law.   This overlap means that the legal risks of a Healthcare Intermediary Service Provider are rarely concentrated in a single area, but instead spread across several layers: from correctly classifying the operating model, to ownership of intellectual property assets, to compliance with personal data protection obligations. A red flag at any one of these layers can directly affect th...
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Implementation of notification of the maximum foreign ownership limit in a public company

The foreign ownership limit (“ FOL ”) is one of the important pieces of information in the operation of a public company, particularly in relation to the management of foreign ownership “room”, securities trading, public offerings, securities issuances, and ensuring foreign investors’ market access rights. Under the current securities laws, a public company is not only responsible for determining its FOL, but must also carry out the notification procedure with the State Securities Commission (“ SSC ”) and disclose information on the FOL to the market.   1. Basis fordeterminingthe foreign ownership limit   Under Article 139 of Decree No. 155/2020/ND-CP, as amended and supplemented by Decree No. 245/2025/ND-CP, the FOL in a public company is determined on the basis of treaties to which Vietnam is a member, specialized laws, investment laws, and regulations on business lines subject to market access restrictions for foreign investors.   Where a company operates in a business line with ...
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Electronic Identification for FDI Enterprises: Are Two Legal Representatives Necessary?

In the current digital transformation, electronic identification and the use of electronic identification accounts by organizations are becoming important practical conditions for enterprises to access, carry out and monitor various administrative procedures in the electronic environment of Vietnamese state authorities. For foreign-invested enterprises, this requirement is not merely a technical matter of logging into public service systems; it may also directly affect their ability to maintain corporate governance, comply with legal obligations and process necessary procedures with competent state authorities.   One notable difficulty arises where the enterprise has only one legal representative and that person is a foreign national. If such person has not yet satisfied the residence or personal electronic identification requirements in Vietnam, the enterprise may encounter difficulties in registering, managing or using its organizational electronic identification account. From a ris...
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