Công ty dịch vụ luật Apolat Legal

In Vietnam, the Ministry of Finance is seeking feedback on a draft decree concerning the establishment and operation of a domestic carbon exchange, with the proposal suggesting that securities companies act as intermediaries to facilitate carbon credit transaction. Such frameworks are crucial for translating sustainable development policies into tangible actions, fostering coordination among diverse agencies at both central and local levels. The proposed regulations underscore the principles of fairness, openness, and transparency in carbon trading, emphasizing the protection of the legitimate rights and interests of market participants while holding them accountable for their trading decisions.   The introduction of carbon trading mechanisms, as articulated in agreements like the Paris Agreement, is designed to assign economic value to greenhouse gas emissions, thereby incentivizing emission reductions and fostering a transition towards a green economy. The initiative aligns with...

Vietnam has emerged as a highly attractive destination for foreign investors, driven by its open-door policies and business-friendly environment. Among the key activities related to investment in Vietnam, leasing factories for production and business operations plays a crucial role. However, in practice, many enterprises are not fully aware of the legal considerations necessary to mitigate potential risks during the negotiation and execution of factory lease agreements. This article highlights several critical aspects that FDI enterprises should carefully consider when leasing a factory in Vietnam.   1. Legal due diligence on the factory   Before signing a lease agreement, enterprises should carefully verify whether the factory they intend to lease meets all legal requirements for business operations. Under Article 14 of the Law on Real Estate Business 2023 , leased factories must meet the following conditions:   Having legal documentation for land use rights and own...

In civil relations, the use of security for performance of obligations is a crucial tool to safeguard the lawful interests of parties involved in a transaction. Pursuant to Article 292 of the 2015 Civil Code , security measures include pledge, mortgage, deposit, collateral security, escrow, title retention, guarantee, fidelity guarantee, and lien . Each of these measures has distinct characteristics regarding form, conditions of creation, and legal effect, thereby establishing a safeguard mechanism for the fulfillment of civil obligations.   Currently, Vietnamese laws on secured transactions provide regulations concerning priority of payment, priority of effectiveness against third parties, and priority of enforcement options. However, distinguishing and applying these rules in practice remains challenging due to the complexity and intersection of legal concepts. This article provides an in-depth analysis of the abovementioned categories, highlighting their distinctions and appli...

In the context of an increasingly dynamic and rapidly evolving labor market, workplace-based vocational training plays a crucial role in preparing a workforce that meets the practical needs of enterprises. Under the applicable Labor Code, employees have the right to receive vocational training, enhance their professional skills, and access training programs aligned with their personal career development goals.   However, in practice, many enterprises and employees have either not yet engaged with these forms of training or, if they have, encounter difficulties in distinguishing between the concepts of “apprenticeship” and “practical training.” This article aims to clarify the relevant legal regulations, differentiate between vocational training and internship and highlight key considerations for both employers and employees when implementing such training programs in accordance with the legal regulations and actual demands.   Definition and purpose of apprenticeship and prac...

In the context of the strong development of e-commerce and digital communication, advertising and introducing products and services through Influencers (influencers, KOLs, KOCs, etc.) have become a popular trend, contributing to shaping the consumer behavior of society. With wide reach and a high level of impact, the provision of inaccurate, incomplete, or non-transparent information about products and services by Influencers can cause serious damage to the legitimate rights and interests of consumers. To mitigate such risks, Vietnamese law, particularly the Law on Protection of Consumer Rights 2023, has stipulated the responsibility of Influencers during the process of advertising and introducing products and services.    This article aims to briefly introduce the legal responsibility of Influencers when providing information about products and services to consumers in accordance with Vietnamese laws on the protection of consumer rights . The article includes the followin...