Công ty dịch vụ luật Apolat Legal

In the context of global economic integration, technology transfer plays a crucial role in Vietnam’s socio-economic development. The adoption, application, and innovation of technology not only help businesses enhance their competitiveness but also optimize production processes and create high-value products. The Law on Technology Transfer 2017 was enacted to establish a transparent legal framework to regulate, coordinate and promote technology transfer activities in Vietnam. It also encourages businesses to engage in innovation and improve their access to advanced technologies. Among these legal frameworks, the Technology Transfer Agreement serves as an essential legal instrument, recognizing and safeguarding the rights and obligations of the parties involved in technology transfer. 1. Introduction to Technology Transfer Agreements A Technology Transfer Agreement is an agreement between parties in which one party (the transferor) transfers ownership rights or grants the right to us...

The concept of “Environmental Permit” appeared with the introduction of the Law on Environmental Protection 2020 (“ LOEP 2020 “). An Environmental Permit is a document that integrates many contents related to the environment in a variety of aspects such as regulations on hazardous waste treatment, discharge of wastewater into water sources, exhaust gas discharge methods, noise and vibration limits, etc. Environmental Permits replace a series of Environmental Permits under the Law on Environmental Protection 2014 such as Certificates of completion of environmental protection works, Hazardous waste treatment licenses, Permits to discharge wastewater into water sources, etc. This article summarizes some notable contents related to the Environmental Permit under LOEP 2020.  1. Concept and content of Environmental Permit   Pursuant to Article 3.8 of LOEP 2020, Environmental Permit is a document issued by a competent authority to organizations and individuals engaged in productio...

1. Scope of study abroad consulting services   Study abroad consulting services include:  Introduce and advise on information about education policies of countries and territories; advise on choosing schools, courses, professions and qualifications suitable to learners’ abilities and aspirations;  Organize advertisements, conferences, seminars, fairs and exhibitions on studying abroad in accordance with the provisions of law;  Organize student recruitment and study abroad enrollment;  Organize training in necessary skills for Vietnamese citizens studying abroad;  Organize sending Vietnamese citizens to study abroad, take parents or guardians to visit training places abroad according to the provisions of law;  Other activities related to study abroad consulting services business.  See more: Study abroad consultancy and important adjustments from november 20, 2024 2. Conditions for applying for a certificate of business registra...

Counterclaim is one of the defendant’s rights against the plaintiff or any party with related rights and obligations who has an independent claim. To exercise the right to file a counterclaim, the defendant must submit it before the meeting to examine the submission, access, disclosure of evidence, and mediation.(1) However, in addition to meeting the time limit for filing a counterclaim, the question arises: Should the statute of limitations for filed lawsuits apply to the defendant’s counterclaim?    In practice of dispute resolution, it has revealed differing views on this issue, leading to inconsistencies in court decisions and affecting the legitimate rights and interests of the parties involved. Specifically:  The first view holds that a counterclaim is also considered a lawsuit; therefore, the statute of limitations for filing a lawsuit must apply in the same manner as it does for a lawsuit. The second view holds that a counterclaim is not a lawsuit but ...

An arbitration agreement is one of the prerequisites for disputes between parties to be resolved through arbitration. Accordingly, an invalid arbitration agreement may result in the inability to resolve the dispute by arbitration.   According to Clause 2, Article 3 of the Law on Commercial Arbitration 2010, an arbitration agreement is defined as an agreement between the parties to resolve disputes whether existing or potential through arbitration. Accordingly, an arbitration agreement excludes the jurisdiction of the court and brings disputes between the parties under arbitration as Article 6 of the 2010 Law on Commercial Arbitration stipulates that when disputing parties have an arbitration agreement, the court must refuse to accept the case, except in instances where the arbitration agreement is invalid or unenforceable.   Currently, the conditions under which an arbitration agreement is considered invalid are governed by Article 18 of the 2010 Law on Commercial ...

Generally, the Court won’t handle a dispute if the parties have agreed to arbitration. However, under Article 6 of the Law on Commercial Arbitration 2010, if the arbitration agreement is either invalid or unenforceable, the Court can step in to resolve the dispute.  According to Article 4 of Resolution No. 01/2014/NQ-HDTP , issued on March 20, 2014, by the Council of Judges of the Supreme People’s Court (“ Resolution 01/2014 “), an arbitration agreement is considered unenforceable under Article 6 of the Law on Commercial Arbitration 2010 means any arbitration agreement in the cases below:  The parties have agreed to resolve their disputes at a specific arbitration center, but the center has shut down without any successor to handle its cases, and the parties concerned fail to reach an agreement on another arbitration center to resolve their disputes.  Both parties have agreed to appoint a specific arbitrator to resolve disputes but when the dispute arises, due to f...