Công ty dịch vụ luật Apolat Legal

Employees working part-time, commonly referred to as part-time workers or part-time employees, work fewer hours compared to the standard working hours set by law, collective labor agreements, or labor regulations.1 For part-time employees, current labor laws stipulate that they are entitled to wages, equal rights and obligations as full-time employees, equal opportunities, and are protected against discrimination. They are also guaranteed workplace safety and hygiene.2 Additionally, one of the obligations that both the employee and the employer must fulfill is compliance with social insurance regulations.   Therefore, in principle, part-time employees are entitled to the same benefits as full-time employees. However, legal issues concerning social insurance are governed by the 2014 Social Insurance Law and its guiding documents. To determine whether a part-time employee must participate in social insurance, both the employer and the employee need to consider the following two cond...

In arbitration proceedings, if a party discovers that the Arbitral Tribunal or the Arbitration Center has violated the provisions of the law or the arbitration agreement, it has the right to raise an objection. However, such objections are not always accepted. Specifically, if the party continues to participate in the arbitration proceedings without raising its objection to the Arbitral Tribunal or the Arbitration Center within the prescribed time limit, it will be deemed to have lost its right to object to the arbitration or Court for such violations.  1. Provisions on loss of right to object in arbitration proceedings   In international law, there exists a principle that requires a country to act consistently and refrain from denying facts it has previously acknowledged, known as the principle of “estoppel” or “venire contra factum proprium”. 10 To protect the integrity of arbitration procedures and ensure efficiency in the arbitration process, the UNCITRAL Model Law on In...

According to statistics of the Ministry of Planning and Investment, by the end of November 2024, the total newly registered capital, adjustment and capital contribution, share purchase, and purchase of contributed capital of foreign investors reached nearly USD 31.4 billion, up 1% over the same period in 2023. In which, Ho Chi Minh City leads in the number of projects contributing capital, buying shares, and buying contributed capital in November 2024 with 2,148 projects.    1. The registration process for foreign investors to contribute capital/purchase shares/purchase capital contributions Step 1: Submiting the registration dossier for foreign investors to contribute capital/buy shares/purchase capital contributions at the investment registration agency where the Target Company is headquartered.    Step 2: Signing a contract for transferring of contributed capital/shares and paying the transfer value.  Step 3: Amending the Enterprise Registration Certif...

Part 1- DIFFICULTIES AND PROBLEMS WHEN DETERMINING THE THRESHOLD FOR NOTIFICATION OF ECONOMIC CONCENTRATION   In the context of the global economic recession and the difficulties that enterprises face, implementing M&A (Mergers and Acquisitions) transactions is increasingly becoming an important strategy. This is a method to help enterprises restructure, consolidate their potential and create opportunities to participate in other potential fields.   However, when carrying out M&A transactions, especially at large enterprises or multinational corporations, one of the important legal issues to keep in mind is Procedures for notification of Economic Concentration. This is a mandatory requirement when these transactions can significantly affect the competitive environment in the market.   The law currently does not have a specific definition of Economic Concentration. However, based on the terms and conditions specifically stipulated in the Competition L...

Currently, in many construction implementation contracts, the parties often agree on a contract value that includes value-added tax (VAT). However, errors in determining the applicable VAT rate often occur, leading to errors in calculating the total contract value. Therefore, this article will provide guidance on accurately determining the VAT rate to assist parties involved in construction implementation contracts.  See more: The value of liquidated damage clause in construction contracts 1. Determining the Value-Added Tax rate    To accurately determine the VAT rate, the parties need to clarify the types of goods and services provided by the contractor under the construction implementation contract. During the execution of the contract, the contractor may provide not only construction and installation services but also materials and supplies for the construction work, depending on the terms of the contract. Specifically, when entering into the construction implementa...

Recently, Apolat Legal had the honor of welcoming a delegation of lawyers from Yingke Law Firm (China) at our Ho Chi Minh City office.  During the meeting, Lawyer Pham Hong Manh, representing Apolat Legal, took the time to engage in in-depth discussions and interviews with the Yingke delegation on the following topics:  Providing an overview of Apolat Legal, its core values, corporate culture, and operational and development orientation in the context of international integration.  Analyzing key legal issues in business and investment activities in Vietnam, while assessing the legal challenges and risks in investment projects and commercial operations.  Proposing legal solutions for current investment challenges, particularly in the fields of labor and international trade and commerce.  The successful meeting has opened up opportunities and a solid foundation for strategic cooperation between Apolat Legal and Yingke. Apolat Legal believes that, from this ...