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Showing posts from October, 2025

Conditions for foreign investors engaging in the freshwater aquaculture

I. Overview:   Currently, aquaculture is gradually becoming one of the key commodity production sectors, expanding broadly with investments focused on high-value aquatic species that have export potential and generate high efficiency. Accordingly, the Prime Minister has issued Decision No. 339/QD-TTg dated March 11, 2021, on approving the Strategy for Development of Vietnam’s Fisheries by 2030 with vision towards 2045 and has approved numerous key programs and projects aimed at developing Vietnam’s fisheries for many years to come. The Prime Minister also emphasizes the importance of a ttracting resources and economic sectors to invest in developing fisheries effectively, including the force of enterprises playing a core role , as a crucial strategy for the fishery ’s growth.   Regarding the current status of aquaculture, according to statistical data recorded by the National Statistics Office of Ministry of Finance: The total fishery production in the first quarter...

The connection between ESG and Personal data protection in the Digital age

ESG (Environmental, Social, and Governance) is a set of criteria used to assess a company’s performance based on three aspects: environmental impact, social responsibility and governance standards. For Vietnamese enterprises today, ESG is not only a growing expectation from international investors, but also a vital tool to promote sustainable growth, attract capital and manage risks effectively. In the era of digital transformation, ESG compliance is also reflected in how transparently and responsibly companies protect personal data – an increasingly core component of a company’s sustainable development strategy. Complying with personal data protection policies in line with legal regulations not only helps businesses reduce legal risks, but also reinforces the trust of customers and partners, thereby creating a solid foundation for long-term growth. 1. The relationship between ESG and personal data protection The ESG corporate governance framework and personal data protection play an...

Work permit requirements for legal representatives operating a company remotely

Many foreign-invested companies appoint legal representatives who are either personnel from the parent company or experienced foreign managers responsible for key decisions and corporate governance in Vietnam. In the era of globalization and advanced technology, it has become increasingly common for such individuals to manage companies remotely—handling operations online without being physically present in Vietnam. However, this practice raises a key legal issue: whether a foreign legal representative (“LR”) must obtain a work permit (“WP”) under Vietnamese law, especially given strict requirements concerning residency for LRs. 1. Legal framework  A foreign LR working in Vietnam is generally required to obtain a WP, unless they fall under the exemptions set out in Article 154 of the 2019 Labor Code. 4 If the LR performs work exclusively online and does not enter Vietnam, he/she may be deemed not to be “working in Vietnam” and therefore not subject to WP requirements. However, u...

Conditions for foreign investors engaging in the freshwater aquaculture

I. Overview:   Currently, aquaculture is gradually becoming one of the key commodity production sectors, expanding broadly with investments focused on high-value aquatic species that have export potential and generate high efficiency. Accordingly, the Prime Minister has issued Decision No. 339/QD-TTg dated March 11, 2021, on approving the Strategy for Development of Vietnam’s Fisheries by 2030 with vision towards 2045 and has approved numerous key programs and projects aimed at developing Vietnam’s fisheries for many years to come. The Prime Minister also emphasizes the importance of a ttracting resources and economic sectors to invest in developing fisheries effectively, including the force of enterprises playing a core role , as a crucial strategy for the fishery ’s growth.   Regarding the current status of aquaculture, according to statistical data recorded by the National Statistics Office of Ministry of Finance: The total fishery production in the first quarter...

Apolat Legal recognized as a Notable Firm in Corporate & M&A by Asialaw in 2025

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Apolat Legal is delighted to announce that we have once again been recognized by Asialaw—a highly reputable legal publication specializing in ranking and analyzing leading law firms in 2025 across the Asia-Pacific region—as a Notable Firm in the Corporate & M&A category. Apolat Legal recognized as a Notable Firm in Corporate & M&A by Asialaw in 2025 This is a significant milestone, marking the fifth consecutive year Apolat Legal has received recognition from Asialaw, including four consecutive years being honored in the Corporate & M&A category.   With nearly 40 lawyers and legal specialists across our Ho Chi Minh City and Hanoi offices, Apolat Legal is a full-service commercial law firm with deep expertise in the Vietnamese legal landscape, including advising on M&A transactions, joint ventures, and corporate restructuring.   We extend our sincere gratitude to the Apolat Legal team, and to our Valued Clients and Partners for their trust and ...

Apolat Legal hosts Show Brand Intellectual Property Office

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Recently, at the Hanoi office, Partner Nguyen Thi Kim Dung held a meeting and welcomed Mr. Stanley Chu, a representative from Show Brand Intellectual Property Office (Show Brand IPO).   Partner Nguyen Thi Kim Dung held a meeting and welcomed Mr. Stanley Chu Established in 2011, Show Brand IPO primarily operates by assisting clients with professional intellectual property representation services, trademark registration, and patent protection in the Taiwan market.   In light of the upcoming investment demands into Vietnam from several of Show Brand IPO’s clients, both parties discussed cooperation in detail. Accordingly, Apolat Legal will serve as the strategic legal partner, providing comprehensive investment consulting services and related procedural support.   This cooperation is a positive start and establishes a solid legal bridge, helping Taiwanese investors easily access, implement, and achieve success in their projects within the Vietnamese market.   N...

Is mediation mandatory when a multi-tier arbitration clause exists? (Part 01)

Mediation is a popular method of dispute resolution in many countries and is often encouraged before parties proceed to arbitration. However, the question arises: is it mandatory for parties to mediate before initiating arbitration if there is a multi-tier arbitration clause in their agreement? This article examines the issue from legal and practical perspectives.   1. Overview of Multi-Tier Arbitration Clauses   Multi-tier arbitration clauses are provisions in contracts where the parties agree to prioritize alternative dispute resolution (ADR) mechanisms before resorting to arbitration. These ADR mechanisms may include negotiation, mediation, adjudication, or expert determination. Such clauses can be structured to ensure that the outcome of a particular mechanism is binding unless one party opts to escalate the dispute to the next tier, such as expert determination, before moving on to arbitration.   In commercial transactions, contracts often stipulate multiple dispu...

Procedure for registering foreign exchange transactions related to outward investment activities

In the context of deepening international economic integration, outward investment activities by Vietnamese investors are expanding rapidly in both volume and scale. However, in order to conduct capital transfer transactions in service of such investments, investors must comply with the laws on foreign exchange management, particularly the procedure for registering foreign exchange transactions with the State Bank of Vietnam. This is not only a legal obligation but also a risk management tool for investors undertaking projects abroad. The following article sets out the conditions, required documents, and procedure for carrying out this registration.   1. Conditions for registering foreign exchange transactions related to outward investment activities   Investors shall carry out the foreign exchange transaction registration procedure to obtain a written confirmation of registration from the State Bank of Vietnam upon satisfaction of the following conditions:   The inve...