Công ty dịch vụ luật Apolat Legal

Currently, the service of Vietnamese guest workers to work abroad under contracts is increasingly developing. This article will provide some additional notes on conditions for subjects and for escrow to businesses that are eager to provide services to Vietnamese guest workers.   1. Conditions on service providers providing services to Vietnamese guest workers   Not all businesses operating in Vietnam are authorized to provide the service of sending Vietnamese laborers to work abroad under contract. In reality, this service is exclusively conducted by Vietnamese enterprises.  Accordingly, under Clause 1, Article 8 of the Law on Vietnamese guest workers 2020 stipulates, “Provision of Vietnamese guest worker service is a conditional line of business and shall only be provided by Vietnamese enterprises having license for providing Vietnamese guest worker service issued by Minister of Labor – War Invalids and Social Affairs.” Thus, the specialized law recognizes this ac...

Currently, a number of foreign investors who are offshore economic organizations wish to reward shares for employees working for their subsidiaries, representative offices, branches, executive offices, … in Vietnam. This article provides readers with an overview of the offshore issued bonus share plans to Vietnamese employees in accordance with Vietnamese laws. 1. Vietnamese laws allows offshore organizations to issue bonus shares to Vietnamese employees Pursuant to Article 5.1 of Decree 135/2015/ND-CP, Article 7 of Circular 10/2016/TT-NHNN, Vietnamese employees working at foreign organizations in Vietnam may make offshore indirect investment in the form of participating in  offshore issued bonus share plans (hereinafter referred to as “ Offshore ESOP “).  Offshore ESOP is defined as a plan of an offshore organization that awards shares to employees working for foreign organizations in Vietnam. Where:  Offshore organization: is interpreted as an organization establ...

The charter is one of the mandatory documents that must be submitted to the business registration agency when registering a business. Owners/capital contributors/shareholders are required to draw up a charter in accordance with enterprise law before establishing the company for review and approval by the business registration agency.  What is a charter? 1. What is a charter?   Enterprise law does not have a specific definition of a company charter. However, the Enterprise Law specifically stipulates the basic contents of a charter, specifically including the following: The company’s name, addresses of the headquarters, branches and representative offices (if any);  The company’s business lines;  The charter capital; total quantity of shares, types of shares and face value of each type (for joint stock companies);  Full name, mailing address, nationality of each partner (for partnerships), the owner and each member (for limited liability companies) or t...