Công ty dịch vụ luật Apolat Legal

The development of Vietnam’s digital economy has promoted the use of non-cash payment methods, among which e-wallet services have become increasingly popular. The potential of this market has attracted the interest of many foreign enterprises. However, entering this sector requires strict compliance with specialized legal regulations.   This article analyzes the conditions that foreign enterprises (understood as enterprises established and operating under foreign laws) must meet to provide e-wallet services in Vietnam, based on the provisions of Decree 52/2024/ND-CP on non-cash payments (“Decree 52”) and Circular 40/2024/TT-NHNN (“Circular 40”).   1. Overview of Vietnamese  Legal Framework   According to Articles 3.16 and 22.1 of Decree 52, e-wallet services are classified as a type of intermediary payment service. E-wallet service is a conditional business line subject to the direct state management of the State Bank of Vietnam (“SBV”). Any organization wishing t...

In the context of current business operations, it is not uncommon for an individual to concurrently hold managerial positions (such as Chief Executive Officer, General Director, or Legal Representative) in multiple companies. This raises a pertinent legal question: when such an individual receives salaries from both enterprises, or only from one of them, how should their obligations to pay Social Insurance (SI), Health Insurance (HI), And Unemployment Insurance (UI) Be Determined?    This article analyzes a practical case: Mr. A has concurrently served as the legal representative and Chief Executive Officer of Company ABC (receiving a monthly salary) since 2017, and as the legal representative and General Director of Company X since 2023. The legal issue arising is whether Company X is obligated to pay compulsory social insurance, health insurance, and unemployment insurance contributions for Mr. A, and if so, which specific types of insurance are applicab...

Using retained earnings to increase investment capital for a project has become an increasingly popular financial strategy for investors, particularly foreign investors, in Vietnam. This approach not only optimizes available resources but also demonstrates flexibility, which is crucial in a volatile capital market.   However, applying this mechanism in Vietnam’s legal environment presents its own set of challenges. Below is a detailed analysis of the legal basis, practical procedures, and the advantages and disadvantages of this option.   1. Legal framework and the nature of increasing capital from reinvested profits   Currently, Vietnamese law does not have a direct provision on using after-tax profits to increase charter capital. Nevertheless, this activity is recognized and carried out in practice by applying relevant provisions from the  Law on Enterprises 2020 (amended in 2025)  and the  Law on Investment...

The amended Law on Enterprise 2025, effective from July 1, 2025, for the first time recognizes and specifically provides for the responsibilities of the enterprise founders and enterprises in identifying and disclosing information on Beneficial Owners (“BO”). This concept has long been a familiar element in international standards on corporate transparency and anti-money laundering mechanisms. The inclusion of this content in Vietnamese law marks a significant step forward, contributing to strengthening publicity and clarity in corporate activities and enhancing the effectiveness of anti-money laundering controls.  1. Concept of Beneficial Owner: According to Clause 35, Article 4 of the amended Law on Enterprise 2025, a Beneficial Owner of an enterprise is an individual who in fact holds ownership of the charter capital or has controlling rights over that enterprise. This does not only refer to individuals recorded in legal documents but also includes those who actually enjoy t...

Effective July 01, 2025, the People’s Court (TAND) system officially operates under a new organizational model, based on the provisions of the amended Law on Organization of People’s Courts 2025 and implementing guidance documents, especially Resolution No. 01/2025/NQ-HDTP of the Judicial Council of the Supreme People’s Court.    Responding to that requirement, the Court system is reorganized towards a provincial-level – regional-level model, replacing the previous provincial-level – district-level model. Along with this is the adjustment of trial jurisdiction, mechanisms for receiving and processing pending cases, to ensure the legitimate rights and interests of the involved parties, as well as the stability of the judicial order.   The organizational structure and jurisdiction of the court levels after the change are as follows:     1. Changes in structure and organization   From July 01, 2025, the court system of Vi...

The Law on Digital technology industry was passed by the National Assembly at its 9th Session, 15th Legislature on June 14, 2025, and is expected to take effect on January 1, 2026. This Law ushers in a new era for the digital technology industry in Vietnam. The draft Law on Digital technology industry was institutionalized from the major policies set forth in Resolution no. 57-NQ/TW and Resolution no. 68-NQ/TW of the Politburo. Some notable provisions of the LDTI are as follows:   1. The First legal framework for Artificial intelligence and Digital assets   For the first time, Vietnamese law provides regulation on artificial intelligence (“ AI ”) and digital assets under the Law on Digital technology industry (“ Law on DTI ”), representing a major advancement for Vietnam in the digital era, aligning more closely with global developments. The scope of regulation of the Law on DTI revolves aro...