Công ty dịch vụ luật Apolat Legal

In the context of an increasingly developed economy, increasing charter capital is a vital strategy for businesses to enhance their financial capacity, expand operations, and strengthen market credibility. Among the methods, using land use rights as capital contribution is not only a legal approach but also an effective way to leverage available resources from the company or its contributing members and shareholders. However, implementing this procedure requires a clear understanding of legal frameworks and related legal aspects to ensure rights protection and mitigate unnecessary risks. This article by Apolat Legal will delve into the procedures for increasing charter capital with land use rights and highlight important considerations during the process. 1. Land Registration Procedures for Capital Contribution with Land Use Rights   For land use rights, contributors must carry out procedures to transfer land use rights to the company in accordance with legal regulations. The tra...

Telecommunications activities encompass a wide range of operations, including investment and business in basic and value-added telecommunications services, the trade of telecommunications goods, the provision of public telecommunications services, the issuance and management of telecommunications licenses, interconnection and infrastructure sharing, management of telecommunications resources, and oversight of technical standards, service quality, and pricing.   Concerning the subject scope of application, the Law on Telecommunications 2023 governs the activities of telecommunications enterprises.  Within this framework, telecommunications enterprises are defined under Vietnamese law as entities established in accordance with Vietnamese legislation and authorized to conduct telecommunications services. Telecommunications enterprises are classified into two categories: (a) Service providers with network infrastructure, which establish and own public telecommunications net...

Legal basis:   Law on Insurance Business 2022.  Decree 46/2023/ND-CP date 01/07/2023 on elaboration of the law on insurance business.  Decree 73/2016/ND-CP dated July 1, 2016 and Decree 46/2023/ND-CP detailing the implementation of the Law on Insurance Business and the law amending and supplementing a number of articles of the Law on Business insurance (effective until 01/01/2028). 1. Activities of Insurance Brokerage Enterprises ( 1) Primary insurance brokerage activities and reinsurance brokerage activities.  Provision of auxiliary insurance services. Other activities related to insurance contracts as required by the insurance purchaser.  2. Conditions for granting a license to operate insurance brokers a. General conditions(2):  Organizations and individuals contributing capital to establish an insurance enterprise or insurance brokerage enterprise must meet the following conditions:    Organizations contributing capit...

Within the context of corporate governance in Vietnam, in addition to the signing authority of the legal representative, the approval of transactions with significant value often requires consent from either the General Meeting of Shareholders (“ GMS ”) or the Board of Directors (“ BOD ”). This mechanism plays a crucial role in ensuring transparency and protecting the interests of the stakeholders, particularly for transactions that may substantially affect the company’s assets or operations. However, the delineation of approval authority between these two authorites remains unclear in many cases, posing challenges in the implementation and compliance with the law. The following article will provide an in-depth analysis of the relevant legal aspects to clarify this issue.  Pursuant to the Law on Enterprises 2020 , unless otherwise stipulated in the company’s Charter, the authority to approve transactions related to GMS and BOD, is allocated as follows:  Under Point d, Clause...