Công ty dịch vụ luật Apolat Legal

In court proceedings, accurately determining the procedural capacity of parties is crucial, as each party has different rights and obligations in a civil case. Incorrectly identifying the procedural capacity can negatively impact the legitimate rights and interests of the parties, potentially leading to procedural violations that could serve as grounds for the Court’s judgments and decisions to be overturned. This article discusses the determination of the procedural capacity of private enterprise owners – a special type of enterprise that requires careful attention.  1. Procedural Capacity of Private Enterprise Owners   In Vietnam, the concept of a private enterprise was first defined in the Law on Private Enterprises 1990 and was further inherited by the Laws on Enterprises 2005, 2014, and 2020. Accordingly, a private enterprise is defined as an enterprise owned by an individual who is personally responsible for all activities of the enterprise with all of his or her asset...

A real estate exchange is a venue where all services related to real estate transactions are conducted and provided. It ensures transparency and openness, helping investors confidently search for and invest in real estate. Currently, many individuals and organizations are engaged in real estate business, seeking to professionalize their activities, leading to an increasing number of real estate exchange in the Vietnamese real estate market. Additionally, the Law on Real Estate Business 2023 has introduced a clearer and more practical legal framework for the establishment and operation of real estate exchange. This article provides additional regulations on the conditions and procedures for setting up a real estate exchange according to current legal provisions.  See more: Individuals and foreign organizations owning and doing real estate business in Vietnam (P1) Individuals and foreign organizations owning and doing real estate business in Vietnam (P2) 1. Conditions for operati...

Social media and online streaming platforms have become familiar to all of us. The development of social media has served as a catalyst for the increase in copyright infringement. In recent years, one of the most notable copyright infringement cases in Vietnam is the “phimmoi.net” case—one of the leading illegal movie streaming websites in Vietnam, which has been prosecuted. Additionally, the theft of ideas from movies is no longer a new phenomenon, as these acts continue to occur and remain a major issue that filmmakers wish to avoid. Before taking any action against infringement, it is essential to determine whether the act of copying constitutes copyright infringement under current Vietnamese law. This article will clarify what constitutes copyright infringement according to the current Vietnamese legal provisions.  See more: Handling copyright infringements in Vietnam in a nutshell 1. Definition of cinematography according to Vietnamese regulation Cinematographic works are a...

As the method of resolving disputes by commercial arbitration becomes more popular, businesses are increasingly familiar with drafting complex arbitration clauses. However, for various reasons, there are cases where the arbitration agreement is later determined invalid, the dispute is not arbitrable, or even the arbitration agreement does not exist between the parties. To limit the occurrence of this undesirable situation, the parties in the transaction should pay attention to the core elements of an arbitration agreement as analysed below.  1. What is an arbitration agreement?   a. Definition of “arbitration agreement”   The definition of an arbitration agreement stipulated in the Law on Commercial Arbitration of Vietnam 2010 ( “LCA” ) is generally quite similar to the provisions of the UNCITRAL Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (UNCITRAL) in 1985 ( “Model Law” ) and the Convention on the Rec...

On November 14 th , 2024, the National Assembly Standing Committee approved Resolution No. 1278/NQ-UBTVQH15 on the arrangement of commune-level administrative units of Ho Chi Minh City for the period of 2023 – 2025 effective from January 1 st , 2025. Accordingly, this Resolution has rearranged the commune-level administrative units of 10 districts, whereby, the wards with changes are listed as follows: COUNTY NAME OF THE OLD WARD NEW WARD NAME DISTRICT 3 Ward 10 Consolidation into Ward 9 Ward 13 Consolidation into Ward 12 DISTRICT 4 Ward 6 Consolidation into Ward 9 Ward 10 Consolidation into Ward 8 Ward 14 Consolidation into Ward 15 DISTRICT 5 Ward 3 Consolidation into Ward 2 Ward 6 Consolidation into Ward 5 Ward 8 Consolidation into Ward 7 Ward 10 Consolidation into Ward 11 DISTRICT 6 Ward 3 Consolidation into Ward 1 Ward 4 Consolidation into Ward 1 Ward 5 – Adjustment of a portion of the area incorporated into Ward 2 – Consol...