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Showing posts from August, 2023

Conditions for insurance brokerage of foreign investors in Vietnam

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A risk is an adverse event that happens to an object or phenomenon. It can have objective or subjective causes, but the results are almost always negative either way. And insurance is a type of risk management mainly used to protect against potential losses or hazards that may occur accidentally. Insurance is one technique to cope with financial losses brought on by threats. However, when people’s material and spiritual lives were improved, awareness of insurance for individuals and organizations in Vietnam only started to form and overgrow. Therefore, Vietnam is a fresh market; thus, it has the potential to draw foreign investors that want to invest in insurance services.  Conditions for insurance brokerage of foreign investors in Vietnam 1. Conditions for foreign investors’ insurance brokerage activities in Vietnam   For the existence and growth of insurance brokerage operations, the insurance market and insurance companies must develop. An insurance brokerage company a...

Registering A Foreign-invested Company’s E-commerce Exchange Operation

In today’s technologically advanced times, people increasingly demand online shopping to save time and travel costs. As a result, the establishment of E-commerce exchanges is gradually gaining popularity to meet customer wants. Some E-commerce sites have received significant investment and developed extremely effectively, such as Shopee, Lazada, Tiki, Sendo, etc. This investment and development of E-commerce exchanges is both a positive sign and a solid premise to attract foreign investors to choose this sector to contribute to Vietnam’s economy.  Vietnamese law has allowed foreign investors to operate E-commerce exchanges to attract foreign investment, but also carefully placed several necessary conditions that foreign investors must follow to safeguard domestic E-commerce exchange developers. Accordingly, a foreign-invested company registering to run an E-commerce exchange needs to perform three (03) main stages:  Stage 1 : Registering and adding the profession of “E-comm...

Teaching short-term courses in Vietnam (Part 2)

Foreword     In the previous part, we had an overview of Vietnamese law regarding the teaching short courses in Vietnam, about two types of regular training and elementary level training as well as some fundamental difference between them. In this section, Apolat Legal will focus on several legal conditions to give readers a better understanding of the two types of short-term training as well as help investors better prepare for better compliance with regulations on teaching short courses in Vietnam in the future.   Nguồn: https://ift.tt/2dlVPD1 Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=Apolat+Legal&kponly=&kgmid=/g/11jkvqgmw_

Teaching short-term courses in Vietnam (Part 1)

1. Foreword   Knowledge is one of every man’s greatest assets, especially in the modern world defined by rapid development, constant change and fierce competition. Young or old, rich or poor, white or blue collar, improving one’s knowledge and skills is an imperative to keep up with social advances as well as creating an edge in life and work. But modern life is busy, therefore an effective solution to gain new wisdom is to participate in short-term courses.   Wanting to satisfy the enormous hunger for learning of many Vietnamese, many individuals and organizations sought Apolat Legal’s advice on how to legally teach short-term courses in accordance with Vietnam’s regulations. Therefore, this article serves to introduce and provide general insights into teaching short-term courses in Vietnam.  2. Types of short-term courses in Vietnam   There is no clear definition of “short-term course” under Vietnamese law. From many of our clients’ perspective, “short-ter...

Adjustments to insurance premiums for employees

1. The rate for compulsory social insurance, health insurance, accident insurance, occupational accident and occupational disease insurance On 11/11/2022, The National Assembly passed the Resolution on the state budget estimate for 2023. Consequently, the basic salary will be increased to VND 18 million per month (an increase of 20.8% from the current basic salary). According to Clause 3, Article 89 of the Law on Social Insurance 2014, the monthly salary contributed to social insurance is equal to 20 times the basic salary. Therefore, from 01/7/2023, The maximum monthly salary for compulsory social insurance contribution is VND 36 million. Additionally, based on Article 3 of Notice 2651/TB-BHXH issued by the Ho Chi Minh City Social Security Office, it is stipulated: From 01/7/2023, the maximum rate for compulsory social insurance, health insurance, accident insurance, occupational accident and occupational disease insurance is VND 36 million. The maximum accident insurance contributi...

Apolat Legal has provided regular legal consultancy for a Chinese-invested enterprise in Long An province

Apolat Legal is honored to be selected as the regular legal consultancy for the client, a Chinese-invested enterprise operating in the production and distribution of fiber products in Vietnam, with a total investment of over 290,000,000 USD .  The client’s activities involve numerous legal issues, including those related to clients and suppliers, internal matters related to labor, contracts, and, most importantly, legal matters related to the factory’s compliance with Vietnamese laws and regulations on product compliance and distribution.   With experience in providing legal consultancy to foreign-invested enterprises, particularly in matters of compliance, including complying with market access commitments and domestic regulations in Vietnam. The lawyers at Apolat Legal have provided with multiple perspectives and options for the client’s various issues to consider. Additionally, given the client’s Chinese investment background, Apolat Legal works closely with clients to en...

APOLAT LEGAL is the legal consulting firm for a 100% Vietnamese-owned company’s transfer of 100% shares of a real estate company owning a high-end condominium project in Ho Chi Minh City

Apolat Legal is the legal consulting firm for a 100% Vietnamese-owned company’s transfer of 100% shares of a real estate company owning a high-end condominium project in Ho Chi Minh City, with a transaction value of 150 million US dollars (USD) .  Apolat Legal has conducted a review of internal legal documents and the Target Company’s compliance with current Vietnamese laws and regulations to minimize potential legal risks that could impede the share transfer transaction between the parties. Additionally, Apolat Legal, together with the representatives of the Target Company, participated in negotiation meetings with the Investor, providing direct advisory input during the meetings and regarding the contents agreed upon in the share transfer documents between the Selling Shareholders of the Target Company and the Investor.   AApolat Legal drafted the transactional contracts, including the Memorandum of Understanding, Share Transfer Agreement, relevant annexes, and all transac...

Apolat Legal has provided consulting and representation services for working with the Inspectorate of the Department of Industry and Trade on e-commerce activities.

Apolat Legal has provided consulting and representation services for working with the Inspectorate of the Department of Industry and Trade on e-commerce activities.  In the current phase, the construction and operation of electronic and online methods to support business activities (such as e-commerce websites) are becoming increasingly popular. However, enterprises may not have a comprehensive understanding of the legal regulations on e-commerce activities, or in some cases, there may be complex regulations governing these operations, leading to the need for clarification of the enterprises’ methods with the authorities to determine the regulations and procedures that the enterprise must comply with. The client of Apolat Legal in this case is a foreign-invested enterprise operating in the field of logistics. During their operations and while applying for relevant licenses, the client received a request to work on suspicions of violations in the field of e-commerce from the Inspec...

Apolat Legal provides regular legal consulting services to the Client as Yeah1 Group Joint Stock Company (YEG

Apolat Legal provides regular legal consulting services to the Client as Yeah1 Group Joint Stock Company (YEG) – a leading Vietnamese company in the fields of media and entertainment, currently listed on the HOSE stock exchange.   Leveraging their in-depth understanding of the law and extensive experience in providing legal advice to listed companies, Apolat Legal has offered careful yet effective counsel, guidance, and evaluation of the Client’s documents throughout the entirety of the Client’s business operations, particularly addressing issues related to intellectual property rights, protection, exploitation, and management of intellectual assets.   Moreover, Apolat Legal also advises on investment and business collaboration matters involving subsidiary companies within the corporate group.   Nguồn: https://ift.tt/qMgeEjo Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=Apolat+Legal&kponly=&kgmid=/g/11jkvqgmw_

Apolat Legal is the legal consulting firm for a 100% Vietnamese-owned investment company’s acquisition of a 100% Korean-owned company

Apolat Legal is the legal consulting firm for a 100% Vietnamese-owned investment company’s acquisition of a 100% Korean-owned company, which is the investor of a Beach Resort – Villa and Golf Course Project, with a transaction value of 100 million US dollars (USD).   Apolat Legal conducts legal assessments for both the Target Company and the project, which include the investment form of the project in Vietnam, the required approval authorities, licenses, and permits for the initial stages of the project, the legal status of the project’s land area, taxation, and other financial obligations, etc.   Apolat Legal has also provided advice on legal issues and potential legal risks related to the establishment and operation of the aforementioned project, the legality assessment of licenses/approvals, legal risk evaluation, and our recommendations for the purpose of executing the M&A transaction.   Apolat Legal actively participates in negotiations and drafts contracts to...

Apolat Legal provides regular legal consulting services to the Client as Yeah1 Group Joint Stock Company (YEG

Apolat Legal provides regular legal consulting services to the Client as Yeah1 Group Joint Stock Company (YEG) – a leading Vietnamese company in the fields of media and entertainment, currently listed on the HOSE stock exchange.   Leveraging their in-depth understanding of the law and extensive experience in providing legal advice to listed companies, Apolat Legal has offered careful yet effective counsel, guidance, and evaluation of the Client’s documents throughout the entirety of the Client’s business operations, particularly addressing issues related to intellectual property rights, protection, exploitation, and management of intellectual assets.   Moreover, Apolat Legal also advises on investment and business collaboration matters involving subsidiary companies within the corporate group.   Nguồn: https://ift.tt/unB6t3F Map: https://goo.gl/maps/JbCF1FiWPuD2Jsnx6 Thông tin: https://www.google.com.vn/search?q=Apolat+Legal&kponly=&kgmid=/g/11jkvqgmw_

Apolat Legal Successfully Resolves Copyright Dispute over Derivative Works for a business training and consultancy company in Vietnam

We are delighted to announce that Apolat Legal, a law firm specializing in intellectual property rights, recently provided legal counsel to BAC Company Limited, a renowned business training and consultancy company in Vietnam, in a copyright dispute related to derivative works with The International Institute of Business Analysis (IIBA), a Canadian international organization.    Apolat Legal played a crucial role as legal counsel for BAC Company Limited throughout the dispute. Our experienced team advised on effective strategies to address the claims made by the claimant.    Challenges : In this case, the main issue centered around the divergent views of the relevant parties during the negotiation process. As legal consultants for the respondent, Apolat Legal worked closely with the claimant’s counsel to reach an amicable settlement method that did not involve monetary compensation from the respondent.   The team : The success of this case was made possible b...

Legal issues when setting up a cafe in Vietnam

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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...

Apolat Legal provides legal retainer service in Vietnam for the Client as a company named Foreign Trade Development & Investment Corporation of Ho Chi Minh City (FDC)

Apolat Legal is a legal firm that provides legal retainer service in Vietnam for the Client as a company named Foreign Trade Development & Investment Corporation of Ho Chi Minh City (FDC), listed on the HOSE stock exchange with total assets of approximately VND 1,000 billion.   The Client was formerly a state-owned enterprise that underwent privatization. Currently, the Client possesses numerous assets, including real estate and projects allocated by the state, as well as cooperative and joint venture projects with state-owned enterprises. Due to the complex and time-consuming nature of these transactions, with unique characteristics, the Client has entrusted Apolat Legal as its regular legal advice partner.   Leveraging their comprehensive understanding of the law and extensive experience in providing legal advice to state-owned enterprises and listed companies, Apolat Legal has delivered cautious yet effective guidance, instructions, and assessment of the Client’s docu...