Công ty dịch vụ luật Apolat Legal

The process of executing contracts can be affected by numerous unforeseen objective factors that the parties involved cannot anticipate. Among these, “Force Majeure Events” and “Hardship” are both undesirable events that the contracting parties cannot foresee, making contract performance exceedingly difficult, even though the affected party has taken all necessary measures within their capacity. However, distinguishing between Force Majeure and Hardship is essential, as it leads to different consequences in contract execution along with changes in the rights and obligations of the parties involved.  According to the definition in Clause 1, Article 156 of the Civil Code 2015 , an event may be identified as a Force Majeure Event if it (i) occurs objectively, (ii) is unforeseeable, and (iii) despite having applied all necessary measures, it cannot be remedied. In contrast, Hardship as defined in Clause 1, Article 420 of Civil Code 2015 is identified when it meets the conditions (i) a...

Legal Basis   Law on Tax Administration No. 38/2019/QH14;     Decree No. 132/2020/ND-CP providing for tax administration of enterprises with related party transactions.     1. Definition of Related Party Transactions Pursuant to Clause 22, Article 3 of the Law on Tax Administration, related party transactions are defined as “transactions between related parties.” Related parties are specifically defined in Article 5.1 of Decree No. 132/2020/ND-CP, and include:     A party that participates directly or indirectly in the management, control, capital contribution, or investment in the other party;     Parties that are under the direct or indirect management, control, capital contribution, or investment of a third party.     Related parties are further specified in Article 5.2 of Decree No. 132/2020/ND-CP, as follows:     An enterprise directly or indirectly holds at least 25% of the equity of the other enterpris...

Under the Law on Corporate Income Tax 2008 (as amended and supplemented in 2013 and subsequent years) (“Law on Corporate Income Tax”), income derived from real estate transfer activities is defined as taxable income and must be declared and paid separately; it is not entitled to the regular corporate income tax incentives. The legal basis directly governing this matter includes the Law on Corporate Income Tax and guiding documents such as Decree No. 218/2013/ND-CP, Circular No. 78/2014/TT-BTC, and Circular No. 96/2015/TT-BTC. This article aims to analyze the current legal provisions related to corporate income tax from real estate transfer activities, including issues such as taxable entities, taxable income, and the method of calculating corporate income tax on real estate transfer activities.  1. Legal basis Law on Corporate Income Tax  Decree No. 218/2013/ND-CP guided by Circular No. 78/2021/TT-BTC; Circular No. 96/2015/TT-BTC amending and supplementing Circular ...

In the context of economic integration and the increasing flow of foreign investment, the use of short-term loans from foreign parent companies has become more common among Vietnamese enterprises. However, alongside financial benefits, businesses also face significant legal risks if they fail to comply with applicable regulations. One of the key legal issues is administrative penalties related to the improper use of foreign loans. Additionally, the misuse of foreign loans may result in the State Bank refusing to grant approval for enterprises to register foreign loans when required by law. Given the strict legal framework governing foreign exchange management and foreign borrowing, violations can lead to severe sanctions, including high penalties and aggravating circumstances for repeated offenses. Therefore, businesses must fully understand the applicable regulations to avoid undesirable legal consequences.   This article continues to analyze the administrative penalties ap...

For those who are fans of Korean or Chinese dramas, films adapted from comics or novels are likely familiar. Recently, “First Frost” a phenomenon on online streaming platforms adapted from the number-one novel on Jinjiang Literature City by author Zhu Yi, and “The trauma code: Heroes on call” adapted from the famous webtoon “Severe Trauma Center” are gradually becoming global phenomena. From the perspective of producers and original authors, a successful adaptation not only creates buzz but also enhances the reputation and commercial value of both the original and adapted works.  However, from a legal standpoint, these adapted works raise several issues related to copyright. How are adapted works protected? Who is the author or copyright holder of these works? This article will analyze and comment on the legal aspects surrounding copyright in works adapted from novels or webtoons to clarify the scope of rights of the parties involved and potential legal issues that may arise in pr...