Tư vấn tranh chấp công ty

Crime always be in existence in parallel with the development of the society. It is not possible to totally remove the crime from society but only to prevent such to happen. Together with the development of socio economy and technology, crime has become more complex to recognize. Especially crime of money laundering takes place in a much more sophisticated manner to make it difficult to control and detect. Money laundering not only affects all aspects of economic and political life but also threatens the national security. According to the provisions of Vietnam law, money laundering is an act of an organization or individual in order to legalize the origin of the property obtained from a crime. In which, property is understood as objects, money, valuable papers and property rights according to the provisions of the Civil Code, which can exist in material or immaterial form; movable or immovable property; tangible or intangible; legal documents or instruments proving ownership or in...

Offenders who have completely served their penalties shall be given conditions to do business, live honestly and integrate with the community, and when they meet all the conditions prescribed by law, their conviction may be expunged and their criminal records will be cleaned. A person whose criminal record is removed is considered as having not been convicted. There are three cases of conviction expungement, including: Automatic conviction expungement; Conviction expungement under a Court’s decision; Special cases of conviction expungement. Automatic conviction expungement applies to people convicted not for crimes of infringing upon national security and crimes of undermining peace, against humanity and war crimes when they have completed their main penalty, the probationary period of the suspended sentence, the person has served the additional penalty, other decisions of the judgment or has expired and does not commit any new crime during the periods specified below: (i) 01 year in c...

In the process of performing civil transactions, there is a need to bind the performance of obligations of the parties hence secured transaction is needed and guarantee is one of the commonly used methods to secure the performance of obligations in business and commercial activities. The party that provides guarantee is normally a commercial bank and bank guarantee is normally a loan service. In reality, there are potentially many risks involved in the guarantee transaction through issuing of bank guarantee letter which needs the attention of dispute lawyers in banking and finance to provide legal advice throughout the process. Bank guarantee or guarantee commitment is a document issued by the guarantor or counter-guarantee or the guarantee-confirming party in the form of a Letter of Guarantee or a Guarantee Contract. Thus, a letter of bank guarantee is understood as a written commitment of the bank to the guarantee recipient that the bank will perform financial obligations on beha...

Both employees and employers can consult labour dispute lawyers in Vietnam to understand the labour law and protect their rights. A labour dispute is one of the most common disputes in society, in particular it means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation. In fact, labour disputes happen often, but there are many situations where employees often have little understanding of their rights, leading to disadvantages if the employer does not know or does not follow the law. Therefore, identifying employment disputes is very important. For employees, learning about labor law is to know their rights. Employers need to understand labor laws to ensure compliance. Labour disputes incurred during pandemic, questions needing answers? For example, during the re...

  Why to start a business in Vietnam? In recent years, Vietnam has become an attractive destination for foreign investment thanks to its advantages of security, political stability, and favorable geographical position to trade with the world. This is both the connection center of the region and the gateway to penetrate the economies in the western region of the Indochina Peninsula. In addition, the Vietnam government has increasingly been offering more preferential policies to create favorable conditions for foreign investors to start  doing business in Vietnam . What to consider to start a business in Vietnam? To start a business in Vietnam, investors first need to choose for themselves an appropriate type of business based on the number of capital contributors, the amount of capital contributed, and the business’s purse. According to the provisions of Vietnam law, foreign individuals and organizations can establish a  limited liability company  or a joint stock com...

Employment bonus promise could help drive the performance for the business but sometimes disputes arise because there is discrepancy in translating how performance is met in the eye of employer and employee. According to the provisions the Labor Code, the bonus, also known as the “other supplement”, is one of the main contents of the Labor Contract. Specifically, bonus is understood as a sum of money paid by an employer to the employees on the basis of annual business results and the level of work performance of employees . When the dispute arises, the employer or the employee could consult with labour dispute lawyers in Vietnam to advise and handle the matter effectively. Bonus regulations of each company must be decided and publicly announced by the employer at the workplace after consultation with the representative organization of the grassroots-level employees’ collective. However, there are companies that do not specify bonus regulations or companies with unclear bonus regulati...

Foreign currency is a form of foreign exchange, the currency of another country or the common currency currently used in international and regional payments are collectively referred to as foreign currency. Cash foreign currency includes banknotes and coins. Banking and finance lawyers are always asked if an organization could use foreign currency on contract or for conducting certain business transactions, in Vietnam or abroad. In order to ensure convenience in conducting transactions in Vietnam, ensure the rights of the State Bank and limit smuggling crimes, Foreign Exchange Ordinance provided: “within the territory of Vietnam, usage of foreign currency is not allowed in most cases for example foreign currency are not allowed in agreements, in making payments. Further, foreign currency even is not allowed in listings, advertisements, quotation, pricing. These apply for both residents and non- residents except for cases permitted in accordance with regulation of the State bank of Vie...

Suspension of exit means a decision of competent authority in Vietnam to suspend a Vietnamese or a foreigner residing in Vietnam from leaving Vietnam for a certain period of time. In most cases, the person whom is subject to suspension of exit should be informed in advanced by the competent authority. Immigration lawyers in Vietnam could also assist the person subject to suspension of exit to work with authorities for clarification and understanding for better preparation or resolving the situation on immigration restriction based on specific case below explained. For foreigner, according to Law on Entry, Exit, Transit and Residence of foreigners in Vietnam, a foreigner may be suspended from exit if he/she is currently the suspect, the accused, or the person with relevant obligations in a criminal case; a defendant or a person with relevant obligations in a civil case pertaining to business, employment, administration, marriage and familial affairs or has to implement a judgment or...

With the international integration, more and more policies to attract foreign investment have been introduced by Vietnam government including the facilitation of M&A transaction. It has been proven efficient if the transaction get help from M&A lawyers in Vietnam but it is important the investors understand the ideas and process. M&A or Direct Investment in Vietnam? Besides the fact that the investor could invest through setting up a company in Vietnam , the investor could also enter Vietnam through making investment by buying shares in a company or acquire contributed capital in company operating in Vietnam which is also considered as merger and acquisition transaction. Specifically, according to the provisions of the Law on Investment, foreign investor can invest in the form of capital contribution, share purchase, or acquisition of capital contributions from an economic organization. However, the investor must: satisfy market access conditions applied to foreign investor...

Vietnam is attracting interest of investors in both domestic and foreign market. Overall, investor confidence was returning to the Vietnam real estate market . Both buyers and sellers have enhanced activity in recent months. The real estate market of Vietnam has overcome the recession period within 4 or 5 years ago but in the last 12 months, the market has recovered and noted positive signs as well as confidence in the market in general. Law on housing and real estate business Law takes effect in July 2015 and has acted quickly and positively on the real estate market in Vietnam. The changes in the Law on housing have significantly eased the regulations on home ownership for foreigners, although there are still some limitations. “Hot spots” of FDI inflows According to a recent report of Jones Lang LaSalle Vietnam (JLL), a series of free trade agreements such as TPP, EU and ASEAN will further promote the medium and long term development. Interest rates and inflation rate have declined s...

Recently, not only large quantities of frozen beef are imported to Vietnam but also live cows are increasingly imported including non-quota and quota ways. Imported cows were recorded at most from the Australian market. In 2012, there are about 3,500 cows, then rise to 70,000 cows in 2013 and 170,000 cows in 2014. This year, though there has not official figures, but the imported quantities will not decrease compared to the previous years. There are so many large enterprises participating in the slaughtering supply chain and distributing to markets and commercial centers in provinces throughout the country so they will import a large amounts. This is a not-protected-industry. Raising buffalo and cow in Vietnam is not the main income of many households, then this fact should not affect too much on the livelihoods of farmers. Only frozen beef industry will bear the heaviest damage when Vietnam joining in TPP. With frozen chicken and pork, after entering the TPP, the market for imported c...

Risk management is a vital element when doing business but so far, not many enterprises concern about it. According to a recent survey with 522 companies, there are only 43 companies, accounting for about 8%, have the independent  risk management  department in their business. More noteworthy, the majority of these 43 companies operating in the banking and financial sector, which has nothing new to risk management. In fact, not all banks have independent and effective risk management departments. The negative problems related to the banking system in recent times somewhat showed the picture about the risk management of this sector. Risk is understood as any events and situations that could harmful to the ability to achieve the business objectives of the enterprise. Risk management is organized in a formal way and is conducted continuously to identify, control and report the risks that may affect the achievement of the business objectives of the enterprise. So why businesses ar...

Real estate is one of the sector with important position and role for the national economy, have a direct relationship with the financial and monetary market, the construction market, building materials market and the labor market… The sustainable development and effective management of this sector will contribute significantly to promoting economic-social development, creating the ability to attract investment capital, contributing to the development, industrialization and modernization of the country. There have been more favorable developments for the country’s economy in 2015 and 2015. The prices of oil continued to fall; GDP grows at stable rate around 6%. The inflation rate was controlled at 4.09% average; reduced deposit rates, lending rates were adjusted down to 10%. Foreign direct investment in Vietnam reached US $ 20.23 billion, exceeding 19% compared to the target (17 billion dollars) and expected in increase in 2016. Mr. Nguyen Tran Nam, Former Deputy Minister of Constructi...

  In the past 5 years from 2011 to 2015, trade promotion activities at home and abroad have achieved much progress, contributing significantly to the growth of the country’s export. However, when Vietnam integrates deeper into the world market, the role of trade promotion will become more significant. In recent years, trade promotion has been implemented uniformly and efficiently, maximizes the resources at home and abroad to support the businesses and contribute to the economic and social development of the country. Typical is the national trade promotion program. With the support from the program, the presence of Vietnam export products in many traditional markets such as the US, EU, China, Japan, South Korea is expanding. At the same time, the program has supported the business to come back to such markets as Russia and Eastern Europe, strengthening the operation in Myanmar, Laos, the Middle East, Africa and Latin America… According to statistics, the activities of the national ...

Vietnam textile industry for many years has always been one of the major export sectors of Vietnam. With the development in technology, the number of skilled worker is growing along with many preferential policies from the Government, the textile industry has obtained encouraging results, creating the value of goods, ensuring domestic demand and export. 1.Overview of the industry According to the General Department of Customs, in 2014, the value of exports textiles reached 20.91 billion dollars, increasing 16.6% compared to 2013. The value of textile exported was the second largest export industry in Vietnam. Vietnam’s textile industry has a high production capacity: 4,424 enterprises (as of 31/12/2013) with 2.5 million workers, growth rate of 14% annually. There are 1.2% of enterprises reaching $100 million export revenue, 3.25% of them reaching 50 million and 30% reaching over $1 million. There been several textile products including 8000 tons of cotton fiber, yarn 900 thousand tons,...