Công ty dịch vụ luật Apolat Legal

According to statistics from the Ministry of Planning and Investment, by the end of October 2024, there were 106 countries and territories investing in Vietnam, of which the top 3 countries and territories were Singapore, China and South Korea. It can be seen that South Korea is in the top 3 countries and territories investing in Vietnam.  Currently, Ho Chi Minh City is one of the localities receiving the most investment capital in the country, second only to Bac Ninh. In this article, the author will clarify the wholesale and retail operation process of electric motorbikes of Korean investors in Vietnam.  1. Market access conditions for foreign investors   Korea has been a member of the WTO since January 1st, 1995. Pursuant to the WTO Commitments on Services, Wholesale trade services and Retail trade services are services that Vietnam has committed to open the market to foreign investors. Accordingly, the investors from Korea are allowed to invest in Vietnam to provid...

Are enterprises required to establish grassroots trade unions? This is a critical question that many businesses in Vietnam are concerned about. Grassroots trade unions play a role in protecting the rights of employees while promoting cooperation between employees and employers. However, is the establishment of a trade union truly a legal obligation or merely voluntary? If it is not mandatory, are there risks or limitations that businesses need to be aware of?  See more: Trade Unions – Establishment Procedures And Conditions For Maintaining The Primary Trade Union Activities Trade Union means a great socio-political organization of the working-class and laborers. Trade Unions are founded on the voluntary basis and are a component part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam. Trade Unions are representatives of cadres and civil servants, public employees, workers and other laborers (hereinafter referred to as ...

The trading of used cooking oil (hereinafter referred to as “UCO”) and the production of recycled products from this raw material is becoming a strong development trend in many developed countries, and is also an industry that is starting to rekindle in Vietnam when UCO is available can be used to produce a variety of products such as soaps, detergents, industrial fuels, oil lamps, biofuels to replace gasoline,… with very low input material costs when reusing the waste source of the food processing industry/catering business. With the demand for cooking oil consumption at a very high level in Vietnam, along with the increasing awareness of environmental protection, the collection and wholesale/export of UCO within the territory of Vietnam or from Vietnam to other countries not only brings promising business opportunities, but also contribute to minimizing adverse impacts on the environment. However, for foreign investors, this market still has many potential challenges and requirements...

1. Definition    The term “Condotel” is a blend of two English words: “condominium” and “hotel”. It refers to a condominium-style hotel. In Vietnam, Condotels are commonly known by various names, such as tourism apartments, tourism villas, or tourism real estate…   Before the Law on Real Estate Business 2023 (“ LREB 2023 ”) was enacted and took effect, no legal document had defined the term “Condotel”. Under Article 5.2 of the LREB 2023, a Condotel is defined as a construction work designed for tourism and accommodation purposes, or a mixed-use construction work. This includes two categories: Ready-built construction works and future construction works. Within the scope of this article, the author will address several key considerations for future Condotel.  2. Entities entitled to purchase, lease, and lease-purchase future Condotel   Under Article 23.2(b) and Article 15 of the LREB 2023, the following entities are entitled to purchase, lease-purchase,...

Recently, Pham Thi Thoa, Partner at Apolat Legal and an alumna of Batch 8, Finance – Banking Law from the University of Economics and Law (UEL), participated in UEL’s Admissions & Career Orientation Talk Show.  Alongside lecturers from UEL’s Faculty of Law, Ms. Thoa shared invaluable practical experiences and advice. This session covered everything from training programs and specialized fields to career development paths, providing students with a clearer insight into the legal profession and their future career direction.  —  The Talk Show is organized by UEL’s Admissions and Student Affairs Department in collaboration with various faculties. The program aims to provide detailed information about academic majors, job opportunities, and career development pathways for students pursuing studies at the university.  The Talk Show is held online via Zoom and livestreamed every Thursday at 7:00 PM.  Watch the Talk Show replay here: https://web.facebook.com/...

Receiving capital contributions through land use rights for project implementation is a common and effective method of mobilizing land resources. However, this process requires strict compliance with relevant legal regulations to ensure legality, transparency, and avoid legal risks. This article will analyze key considerations for receiving capital contributions in the form of land use rights to assist economic organizations and investors in project implementation. 1. Conditions for Capital Contribution in the Form of Land Use Rights According to Article 45 of the 2024 Land Law , the conditions for contributing capital with land use rights (excluding agricultural land) are as follows:  The land must have one of the following valid certificates: Land Use Right Certificate; Certificate of Ownership of Residential Housing and Land Use Rights; Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to the Land; Certificate of Land Use Rights and Ownership of...

In the process of importing and exporting goods, the accurate classification of HS codes (Harmonized System), determination of the origin of goods, and customs value are critically important for businesses. Errors in HS code classification, origin determination, or customs value may lead to miscalculations, incorrect declarations and underpayment of taxes. Consequently, enterprises may be subject to administrative penalties, back taxes, and late payment interest. If such inaccuracies persist over multiple years, the resulting losses to the business could be significant.  To mitigate these risks, Vietnamese customs law allows enterprises to request a pre-determination of HS codes, origin, and customs value from the customs authorities prior to conducting import or export activities. This procedure is also referred to as the customs consultation procedure.  This article will clarify the customs consultation procedure under Vietnamese law, outline the process for implementation...

On March 15, 2024, as part of the launch event celebrating Vietnam Consumer Rights Day 2024, the theme “Transparent Information – Safe Consumption” was selected to emphasize the critical role of information in safeguarding the rights and safety of the consumer. This theme underscores the pressing need to enhance awareness of transparent information, particularly amid the growing prevalence of fraudulent and privacy-invasive practices targeting consumers. From a legal perspective, the Law on Consumer Protection 2023 (“ LCP 2023 ”) introduces specific provisions on the protection of personal information of the consumer. These provisions aim to protect consumers’ personal data and ensure the lawful safeguarding of their rights and interests. They also seek to prevent data misuse and reinforce the accountability of organizations and individuals in securely and transparently collecting, storing, and using consumer information.  This article provides an overview, analysis, and commentar...

During the course of providing legal consultancy services, Apolat Legal received an inquiry from a client regarding certain legal issues related to administrative violations in the employment of foreign workers in Vietnam . Specifically, the company failed to comply with regulations governing the employment of one foreign employee working at the Company. Consequently, the competent authority issued two administrative penalty decisions in relation to the act of employing a foreign worker without a work permit in Vietnam, as follows:  One administrative penalty decision against the Company, imposing a fine of VND 75,000,000 in 2019; One penalty decision against the foreign worker with a fine of VND 20,000,000 issued in 2019.   The deadline for payment was set at 10 days from the date of receipt of the decision. However, as of the present time, neither the Company nor the foreign worker has complied with the penalty decisions. Therefore, it is necessary to analyze the legal ...