Công ty dịch vụ luật Apolat Legal

Vietnamese organizations/individuals when making investments abroad, need to comply and fully submit the following reports:  1. Reporting Of Offshore Investment Activities   1.1 Report on Investment Project Implementation Status  The Investors are required to implement a reporting of offshore investment project implementation status, including:  A written notification of offshore investment enclosed with a copy of the written approval for the investment project or a document proving the right to make investment Overseas within 60 days from the day on which the project is approved or licensed as prescribed by law of Overseas;   Report receiving agency: the MPI, the SBV, and the Vietnamese representative agency in the host country.  Quarterly reports on the implementation of offshore projects (Form B.III.1 of Circular 03/2021/TT-BKHDT);  Report receiving agency: the MPI, the SBV, and the Vietnamese representative agency in the host count...

Foreigners intending to reside and work permanently in Vietnam may be eligible for a Permanent Residence Card (‘PRC’) valid for ten years. This document, issued by Vietnamese authorities, serves as a valid substitute for a visa and grants the holder indefinite residency rights within Vietnam. Within the scope of this article, the author will address issues related to “ Conditions and procedures for applying for Permanent Residence Cards for foreigners in Vietnam. “ 1. The concept of PRC  Permanent Residence Card (‘ PRC ’) is a document issued by immigration authorities to foreigners who are allowed to reside indefinitely in Vietnam and are valid instead of a visa.  The permanent resident card is valid for up to 10 years. 2. Cases of PRC issuance  Not all foreigners qualify for a PRC. Only those falling under one of the following four categories are eligible:  (1) Meritorious person: Foreigners who have made significant contributions to Vietnam’s national deve...

Conditions to be complied when performing cross-border advertising activities in Vietnam 1. Definition of cross-border advertising activities in Vietnam   Clause 1, Article 1 of Decree 70/2021/ND-CP amending a number of articles of Decree 181/2013/ND-CP of the Government detailing the implementation of a number of articles of the Law on Advertising stipulates: “Provision of cross-border advertising services in Vietnam is the use of websites to provide advertising services for users in Vietnam from service providing equipment systems located outside of Vietnamese territory and earn revenues in Vietnam by foreign organizations and individuals.” From the above definition, it can be understood that the provision of cross-border advertising services in Vietnam is essentially the use of advertising service websites supplied by advertising service providers for advertising users. The equipment provided to these sites is located outside of Vietnam.  Besides, cross-border advertis...

The dismissal of a member of the board of management 1. Voting Majority in accordance with the laws Currently, for joint-stock companies, the Enterprise Law stipulates two main voting majority ratios for a resolution to be passed:  (i) if it is agreed by a number of shareholders representing from 65% or more of the total voting shares of shareholders who cast in the shareholders meeting, for certain reserved matters defined by the Enterprise Law and, if necessary, specified in the Charter, such as:  – Classes of shares and the total number of shares of each class;  – Change of lines of business and business sectors;   – Change of the organizational and managerial structure of the company;  – Investment project or sale of assets valued at thirty five (35) or more per cent of the total value of assets recorded in the most recent financial statements of the company, except where the charter of the company stipulates some other percentage or value;...

1. Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements   According to the provisions of Clause 1, Article 28 of the Law on Occupational Safety and Health 2015, Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements means machinery, equipment, materials or substances that are kept, transported, preserved, and used appropriately and properly as recommended by the producer, but they still pose a risk of occupational accidents or occupational diseases that cause serious consequence for the people’s health or lives during the course of work..   The list of machinery, equipment, supplies and substances subject to strict occupational safety and health requirements is specified in Circular 36/2019/TT-BLDTBXH on List of machines and equipment , supplies and substances with strict requirements on occupational safety and hygiene issued by the Ministry of Labor, War Invalid...

While the agreed matrimonial property regime is contingent upon the mutual consent of the parties, it still must adhere to the legal framework. Consequently, instances may arise where the matrimonial property regime, as established through an agreement, is deemed void. The following article outlines situations leading to the validity of agreements on the matrimonial property regime and discusses its legal consequences in accordance with Vietnamese law.   1. Cases where agreements on matrimonial property regime are void   The agreement on the matrimonial property regime essentially constitutes a civil transaction, exerting an impact on the legal rights and interests of all parties involved, including any third party. Consequently, if the agreement fails to meet the conditions stipulated by law or infringes upon the rights of third parties, it may be deemed partially or entirely void. Article 50 of Law on Marriage and Family 2014 delineates specific instances where the...

In the context of globalization, when free trade conventions take effect, Vietnamese enterprises will have more opportunities for business, investment, cooperation, and so on. However, aside from the positive impact, there are the difficulties that Vietnamese enterprises must face in the process of integration, one of which is the technological issue. This challenge requires businesses to apply digital transformation in their operations comprehensively, from business operations to management activities, from technical systems to legal issues, and so on. Entering into electronic contracts is a step forward in the digital transformation process of enterprises. According to the provisions of current Vietnamese law, specifically the Law on E-Transactions 2005, an electronic contract is defined as “the use of data messages to conduct part or all of a transaction in the contracting process” 6 . According to this law, data message “ is information created, sent, received and stored by electr...