Công ty dịch vụ luật Apolat Legal

In the context of an increasingly advanced financial market, the mortgage of stocks by shareholders of joint-stock companies has become a crucial tool for capital raising and financial management. However, mortgage stocks in these companies sometimes necessitate compliance with registration regulations stipulated by securities law. This article will examine the concept of stock mortgage and the regulations for registering mortgages of stocks at the Vietnam Securities Depository and Clearing Corporation.  1. Definitions of stocks mortgage Currently, the law does not provide a specific definition for the mortgage of stocks but only contains definitions related to the mortgage of assets. According to Article 317 of the Civil Code 2015, a mortgage (of assets) is when one party (hereinafter referred to as the mortgagor) uses assets that belong to them to secure the performance of obligations without transferring the assets to the other party (hereinafter referred to as the mortgagee)...

In the process of distributing goods, suppliers often issue sales policies including the pricing policy applied across their distribution systems. Managing the prices of goods and services is crucial not only for businesses but also for ensuring market fairness and transparency. However, certain agreements between suppliers and distributors regarding pricing may negatively impact market prices and consumer rights, potentially violating competition laws. This article will analyze the provision of law related to the prohibited agreement on resale fixed price between suppliers and distributors, as well as the respective penalties.  1. Conditions for resale fixed price agreement between a supplier and a distributor considered an anti-competitive agreement prohibited by law For businesses operating at different stages of the same supply chain, such as suppliers and distributors, an agreement may be prohibited if it meets all the following conditions:  The agreement between the ...

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Chemicals are indispensable raw materials for the production process, promoting the development of the industry in Vietnam. According to the “Strategy for the development of Vietnam’s chemical industry to 2030, vision to 2040” approved in June 2022, it has set a goal, striving to achieve an average growth rate of 10% to 11% per year and the proportion of the chemical industry to the whole industry of about 4% to 5% by 20302.   Pursuant to Clause 2, Article 3 of Decree No. 113/2017/ND-CP stipulating chemical trade includes sale, export and import of chemicals to provide chemicals on the market for profitable purposes. Therefore, enterprises engaged in trading, exporting and importing chemicals need to pay attention to the following issues:  1. Conditions for applying for the Certificate of eligibility for conditional business of chemicals in the industrial sector Pursuant to Article 8 of Decree No. 113/2017/ND-CP stipulating the conditional chemicals in the industrial s...

Manufacturing activities are one of the investment industry groups that account for the largest investment rate among all industry groups that foreign investors choose to invest in Vietnam. According to data reported by the Ministry of Planning and Investment, the situation of foreign investment activities in Vietnam in the first 4 months of 2024, the processing and manufacturing industry accounts for 66.4%, of which Chinese investors Quoc leads in the number of investment projects, accounting for 28.8%. In order for Chinese Investors (“ Investors ”) to invest in the production of beds, wardrobes, tables, and chairs in Vietnam, there are two important issues that Investors need to pay attention to, specifically as follows.  1. Production and business location   Selecting a production and business location is crucial as it impacts traffic, supply sources, and local labor availability. A site far from the center or raw material source can lead to higher transportation and ra...

Advertising plays an important role in the business operations of enterprises. Through advertising activities, businesses can increase brand recognition and attract customers to purchase and use services. However, current laws impose certain restrictions and limitations on some specific products. Before advertising, businesses and their products must meet certain legal requirements and obtain approval and/or confirmation from the relevant regulatory agencies. Among these, drugs are one of the specific products, and when advertising, businesses must carry out procedures to confirm the content of the advertisement.  Regarding the legal issue of “advertising” in general, advertising activities are regulated by the Advertising Law of 2012 and its guiding documents. Depending on the type of products, businesses need to review the specialized laws in that field to clarify if there are any conditions or procedures that need to be met. Enterprises can approach this issue in one of the fol...

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