Công ty dịch vụ luật Apolat Legal

In tax administration, the application of exit suspension is a crucial enforcement measure aimed at ensuring that taxpayers fully comply with their obligations to the state budget. Currently, the exit suspension measure is commonly applied to business individuals and legal representatives of enterprises that have outstanding tax debts and are subject to enforcement of administrative decisions on tax administration as stipulated in Article 124 of the Law on Tax Administration 2019. Upon the taxpayer’s completion of the tax payment obligation, the competent authority shall proceed to remove the exit suspension measure. This article provides a summary of the competent authorities for the application and removal of the exit suspension measure, as well as the respective procedures and formalities under the law.   1. Competent authorities for applying or removing the exit suspension measure   According to the legal provisions on tax administration, th...

Medical Devices (“ MD ”) have an important position and role in the health system. The reason for this affirmation is that MD can support enhancing the quality of diagnosis of the cause of the disease, thereby supporting doctors to orient the treatment, prevention, and rehabilitation regimen for patients. Not only that but this also helps doctors to determine more accurately the drugs/medicines to be used to treat patients to shorten the treatment time as much as possible, improve treatment efficiency, and increase safety for patients. Some types of MD also have the function of supporting doctors in caring for and treating patients in order to reduce the word load from humans.   Due to its important and great influence on the health of patients above as well as users of medical devices, the competent state agencies of Vietnam have issued a strict legal framework in the management of activities related to medical devices. Regarding this matter, the management of medical equipm...

This article provides an overview of payment intermediary services and the necessary procedures for applying for a License to provide such services as stipulated in Decree 52/2024/ND-CP regulating non-cash payments (“ Decree 52 ”). The content below covers the definition of payment intermediary services, the organizations authorized to provide them, and the specific dossier and procedures for issuing a License for the provision of payment intermediary services (“ Payment Intermediary License ”) as mandated by the State Bank of Vietnam.   1. Payment Intermediary Services Definition and Scope:  Payment intermediary services include the following specific activities:   Financial switching services;   International financial switching services;   Electronic clearing services;   E-wallet services;   Collection and payment support services; and   Electronic payment gateway services.   The provision of these ...

In the landscape of human resources and corporate governance, the departure of senior personnel often poses significant operational risks. For high-level executives, the standard statutory notice periods, generally typically 30 to 45 days, are often insufficient to ensure a smooth handover of duties, safeguard sensitive data, and find a suitable replacement.    Recognizing this, Vietnamese law provides a mechanism to extend the termination notice period up to 120 days for specific “Enterprise Manager” positions. However, applying this regulation requires a nuanced understanding of both the Labor Code and the Law on Enterprises. This article analyzes the legal basis for these extended notice periods and provides practical guidance for enterprises wishing to implement them effectively.   1. Statutory Prior Notice Periods: The General Rule vs. Special Exceptions   Under the Labor Code 2019 (Articles 35 and 36), the standard notice period...

Introduction. In the context of corporate governance, transactions between a joint stock company (“ JSC ”) and related persons (“ Related Persons ”) are subject to stringent regulatory oversight. Given their inherent nature  –  transactions  entered into  between parties connected by ownership, management, or control  –  transactions with Related Persons  always present risks of conflicts of interest, asset diversion, or abuse of managerial authority. To safeguard the interests of the company and minority shareholders, the Law on Enterprises 2020 (“ LOE 2020 ”) and its implementing regulations establish a system of controls to ensure that such transactions are conducted transparently, within the proper authority, and in a manner consistent with the company’s best interests. This article provides an analysis of the regulatory framework and practical application concerning transactions between a JSC and Related Persons under current Vietnamese law. ...