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Showing posts from July, 2023

Apolat Legal Successfully Resolved Trademark Dispute over Domain Name for Water Purifier Distributor with Mitsubishi Chemical Cleansui Corporation

We are pleased to announce that Apolat Legal, a law firm specializing in intellectual property rights, recently provided legal counsel to a prominent water purifier distribution company in Vietnam regarding a trademark dispute related to a domain name with Mitsubishi Chemical Cleansui Corporation, a Japanese company. This collaboration exemplifies Apolat Legal’s commitment to protecting its clients’ interests and navigating complex legal landscapes.  The Challenge : The dispute revolved around the use of a domain name by our client, a water purifier distributor, which clashed with the trademark owned by Mitsubishi Chemical Cleansui Corporation. One of the key challenges in this case was the outdated and ambiguous regulations surrounding trademark disputes related to domain names under Vietnamese laws. Apolat Legal was tasked with clarifying these ambiguous regulations in order to demonstrate that our client had not infringed upon the claimant’s trademark.   Apolat Legal’s Ap...

Apolat Legal advised and assisted a Vietnamese investor in financing and funding a residential construction project in Binh Duong

Apolat Legal advised and assisted the Client being a Vietnamese investor in financing and funding a residential construction project with a project area of up to 75,000 m2 in Binh Duong owned by a well-known real estate company.   During the negotiation process, Apolat Legal acts as the key legal advisor for the Client. The deal takes place through a tough and challenging period of time for all real estate project investors and real estate enterprises in Vietnam due to the limitations on accessing loans from the bank and corporate bonds. Moreover, the project owner has been owned and run by a family with old-fashion management, leading to many legal problems and unfavorable conditions for the legal due diligence.   Therefore, in order to ensure the legitimate interests of the Client, Apolat Legal consulted and designed a proper legal structure with many back-up plans for the Client to temporarily acquire the project owner to ensure the recovery of the funding as well as ag...

Advising on adjusting charter capital due to exchange rate differences over decades

In this transaction, the Client is a foreign-invested company operating for more than 20 years, experiencing many periods of changing laws, adjusting licenses, and changing capital contributions of foreign investors, causing an exchange rate difference, the charter capital of Vietnam Dong on the license is too large compared with the value in the financial statements. This affects the value of the company when buying and selling the company.   Therefore, the client came to Apolat Legal’s team of lawyers for advice on solutions and adjusted the charter capital to be equal to the capital recorded in the financial statements. The amount of difference compared to the financial statements amounted to more than tens of billions of dong.   Apolat Legal’s team of lawyers has tried their best to study the documents and analyze the financial statements of the clients year by year and the corresponding change of license to find the key and basis for reducing the charter capital. ...

Appling for a work permit for Chinese foreigners

Currently, it is very difficult to get a work permit for foreigners, especially Chinese nationals. Many experts and technical workers cannot enter Vietnam to work because they cannot apply for a work permit.   However, Apolat Legal’s team of lawyers with extensive experience in working with state agencies, knowledgeable about the process of applying for a work permit, has advised a series of foreign workers who can prepare fully equipped with documents as prescribed by the local authorities and granted a work permit with the position of expert, technical worker in Ho Chi Minh and Binh Duong.   Nguồn: https://ift.tt/2CDyOeM Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=Apolat+Legal&kponly=&kgmid=/g/11jkvqgmw_

Apolat legal has represented to work with inspectors to resolve penalties and tax arrears for late renewing their retail licenses

Apolat Legal acts as a legal consultant and representative to work with the inspector of the Department of Industry and Trade on the delay in renewing the retail establishment licenses, resulting in the forfeiture of all profits arising in the period that the licenses have not been extended.   In this transaction, the client is a foreign-invested company with more than 20 retail stores in many provinces and cities in Vietnam. During the operation, the client was careless in the delay in completing the application for renewal of many retail licenses, leading to the Department of Industry and Trade not allowing the extension of the license to set up retail establishments, requiring the closure of the retail stores and issue decisions to sanction and recover all profits generated during the license expiration period.   With lawyers specializing in advising on the operation of retail chains, Apolat Legal’s lawyers have consulted solutions to help clients minimize the level of a...

Necessary conditions and permits to trade and produce petroleum, fuel oil in Vietnam

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The modern economy depends on man-made machines and devices. Most of these must be fueled by petroleum in order to function. Therefore, having a stable source of petroleum through trading or self-production is an important goal of each country in general and Vietnam in particular. In this article, Apolat Legal will provide Clients with legal knowledge about the necessary conditions and licenses to trade and produce petroleum in Vietnam.   1. Definition of petroleum   According to Vietnamese law, petroleum is a common name to refer to products of the technological process of distillation and processing of crude oil, waste and other materials to create products used as fuel, including gasoline, diesel fuel, kerosene, fuel oil, aviation fuel, biofuel and other products used as fuel, excluding liquefied petroleum gas and compressed natural gas 1 .    Thus, it can be understood that not only fossil fuels are considered “petroleum” but also include other fuels such as b...

Legal issues when setting up a cafe in Vietnam

Vietnam is a country with a large, young population with rising income, and most of these are willing to spend a large amount of money to regularly go to cafe to enjoy their favorite drinks which create fertile ground to set up a cafe for business. At first glance, setting up a cafe seems simple, one just needs to focus on the interior, beautiful scenery and good quality of drinks. However, the legal aspect is equally important, Apolat Legal will highlight some of the legal issues related to setting up a small cafe of your own.   1. Set up an enterprise – legal issues when setting up a cafe The State does not prohibit people from selling drinks without establishing a company. However, for a cafe to have sustainable growth, those who participate in opening a cafe must have a clear organizational, operation, and business results division structures. In order to formalize, stabilize, and have these structures recognized by law, it is best for the parties to set up an enterprise. In...

Regulations on registration standards form contracts for transactions with customers

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Along with the development of the market economy, the standards form contracts are becoming prominent because of its convenience and economy. Accordingly, the standard form contracts help businesses reduce time and cost to negotiate terms when conducting a transaction. However, to ensure the consumer’s rights, the State controls standard form contracts and requires goods and services on the List of essential goods and services promulgated by the Prime Minister must be registered with the State Administrative body for consumer protection 1 . In this article, the author will focus on analyzing and providing information on dossiers, orders, and procedures for registering standard form contracts under the law on consumer rights protection.   1. Definition of standard form contracts and general requirements for standard form contracts A standard form contract means a contract drafted by a trader for transactions with consumers 2 . The registration of a standard form contract with the ...

Unilateral termination of the labor contract and labor discipline – What options are available to the employer?

Unilateral termination of the labor contract and labor disciplin e can be considered as one of the “courses of action” to adjust labor relations. Unilateral termination of the labor contract will result in the case of terminating the existing labor relationship between the employee and the employer. As for the labor disciplin e , when the employee is subjected to dismissal that the labor relationship is required to be terminated. For other forms of labor disciplin e such as reprimand, extending the probationary period for a maximum of six months, demotion, the employee still has the right to continue working, receive wages, and enjoy other benefits as stipulated in the labor contract and internal labor regulations. However, the choice of the appropriate disciplinary measure will depend on each specific case. It is necessary and essential to understand the regulations, requirements and conditions for the selection of measure options.   Criterion   Unilateral...