Tư vấn tranh chấp công ty

Along with the development of socio-economic activities, right to collect debt has become an asset right, hence its transferability is also recognized. Vietnam law recognizes debt as a commodity that can be traded through a debt trading contract. However, in order for the debt trading contract to be legally valid and ensure the rights and obligations are enforced, the parties need to pay attention to the provisions on the debt trading contract. Firstly, in terms of the right to enter into a debt trading contract, according to the provisions of the Civil Code on the sale and purchase of property rights, the property right is the right to claim debt in Vietnam. Accordingly, the right to recover debt becomes the subject of a contract that the parties can transfer as if it were a special type of property. In addition, the debt trading contract aims to transfer ownership of the right of debt recovery and at the same time transfer the debt seller’s obligations to the debt purchaser. This is...

Limited Liability Company is a form of enterprise which is established by contributing of members. A member shall be liable for the debts and other property obligations of the enterprise within the amount of capital that he/she has undertaken to contribute to the company. Limited liability companies are regulated by two types: One member Limited Liability Company is an enterprise owned by one organization or individual; Limited Liability Company with two or more members is an enterprise owned by organizations or individuals, in which the number of members shall not less than two members and not exceed fifty. Organizational and management structure of Limited Liability Company normally comprise of a Member’s Council, General Director or Director. A limited-liability company established by foreign investors may take the form of either: 100% foreign-owned enterprise (where all members are foreign investors); or; Foreign-invested joint-venture enterprise between foreign investors and at ...

When it comes to navigating the intricate legal landscape of Vietnam, you need a trusted partner by your side. ANT Lawyers, a reliable English speaking litigation law firm in Vietnam, stands out as the go-to legal expert for businesses and individuals seeking robust representation and strategic counsel in various litigation matters. About ANT Lawyers – Your Trusted Litigation Ally in Vietnam ANT Lawyers has established itself as a beacon of legal excellence in Vietnam’s competitive legal industry. With a strong emphasis on litigation, our firm has garnered a reputation for providing comprehensive legal services that exceed expectations. Expertise in a Wide Range of Litigation Matters As a leading litigation law firm in Vietnam, we offer a diverse range of legal services tailored to meet our clients’ unique needs. Our expert litigation lawyers are well-versed in handling various types of cases, including: Civil Litigation Our team is proficient in civil litigation cases, representing in...

  As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit. The foreign direct investment of the foreigners is required to be registered at Vietnam state authority to protect the rights of the investor. The investors could then  establish company in Vietnam  and apply investment certificate in Vietnam According to the Law on Investment, investment projects of foreign investors; projects of setting up a economic organization in which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners in a partnership; projects of BCC contract between domestic investors and foreign investors or between domestic investors and economic organization which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners shall need to conduct the procedure of applying investment registration c...

Do you know debt recovery service is banned in Vietnam? The collection of bad debt and late payment after sales or services are difficult and sensitive tasks in Vietnam. How debt recovery lawyers in Vietnam follow the law and help client? Before 2021, there are companies that can register and provide the debt recovery service in Vietnam. From Jan 1st, 2021, the law bans the debt recovery service in Vietnam. How to resolve this puzzle for the client? Can lawyers in Vietnam help? The reason the debt recover service in Vietnam is banned is because of the negative social reactions created in the past by company that provide debt recovery service. There are incidents the debt recovery service providers utilize methods to put pressure on debtors through threats to physically harm or defame the debtors on social media. How debt recovery lawyers in Vietnam help? Therefore, when there are disputes on payment or debt, the client could engage law firms in Vietnam whom is aware of law and the...

  Debt recovery service in Vietnam  undertaken by dispute lawyer in legal ways Debt recovery is always a big issue for businesses and individuals. In order to promote the production process, the process of debt recovery is always one of the concerns with the business leaders. One of the the appropriate method is the intervention of law. Dispute lawyer in Vietnam will help advise and represent the clients with  debt recovery service in Vietnam . What dispute lawyer in Vietnam would do to carry out debt recovery service in Vietnam? With a team of experienced lawyers and legal experts that have participated and solved many debt recovery cases for businesses and individuals, the law firm that assist with advisory and representation in debt recovery service in Vietnam could carry out the following actions: Study the case to find the legal basis and debt information that should be handled; Assess the payment capability of the debtor to creditor; Represent the client to exposure...

  Vietnam labor law under Labor Code Vietnam labor law is a body of laws and regulations that govern the employment relationship between employers and employees in Vietnam. It is important for both employers and employee to consult with  labor law attorneys in Vietnam  at early stage of the disputes for effective solutions. Labor law covers a wide range of topics, including: employment contracts, working hours and overtime, wages and benefits, social security, occupational safety and health, dispute resolution. The main law governing labor relations in Vietnam is the Labor Code. The Labor Code applies to all employees in Vietnam, including foreign nationals. Besides, there are decrees, official notice to explain the Labor Code or give further guidance. How about the practices of labor law in Vietnam? Here is a brief overview of some of the key provisions of Vietnam labor law: Regulations of labor law in Vietnam for employers Employment contracts must be in writing and mus...

Establish Branch Office in Vietnam under Commercial Law The Commercial Law regulates conditions to establish branch office in Vietnam . The Decree also stipulates the conditions for foreign traders to be granted licenses to establish branch office in Vietnam. Conditions to Establish Branch Office in Vietnam Foreign traders will be licensed for the establishment of branches when they meet 5 conditions: 1.Foreign traders can establish and register for business in accordance with law of nation and territories participating in international treaties in which Vietnam is a member, or recognized by the law of those nations and territories. 2.Foreign traders that have been in operation for at least five year from the date of establishment or registration. 3.In case the certificate of business registration or papers with equivalent value of the foreign traders have prescribed the time limit for operation, then the duration must be at least 1 year from the date of submitting record. 4.The opera...

Decree 70/2023/NĐ-CP has introduced several significant adjustments related to the use of foreign labor in Vietnam. The decree aims to optimize the management process of foreign labor while creating more favorable conditions for economic development and businesses in Vietnam. Significance of Decree 70 Regarding the Use of Foreign Labor in Vietnam Decree 70/2023/NĐ-CP was issued with specific reasons and objectives to improve the management of use of foreign labor in Vietnam . Here are some key reasons: Adapting to the Increasingly Complex International Labor Market The use of foreign labor in Vietnam is becoming increasingly complex and diversified. The decree is established to quickly and flexibly respond to new challenges in the international context of expatriates moving jobs between countries. Promoting Economic and Industrial Development Creating more favorable conditions for businesses to use foreign labor in Vietnam can promote the development of the economy and industry, especi...

  What is Bona Fide Possession of Property in Vietnam? Bona fide possession of property in Vietnam  is the possession in good faith which means the possession that the possessor has bases to believe that he/she has the right to the property in Vietnam under his/her possession. Bona fide possessor is protected by the law on property rights. Owning this type of property might be subject to many potential disputes which parties should consult with dispute lawyers from time to time to understand his/her rights to the property. What Are the Rights of Bona Find Possessor? According to the Civil Code, a person possessing in good faith, continuously and overtly shall be eligible for prescriptive periods for enjoying the rights and enjoy the yield and income derived from the property as prescribed in this Code and relevant laws. A person possessing in good faith is entitled to protect his/her rights and his right to possession when meeting specific conditions. Before a third person ent...

Risk management is a vital element when doing business but so far, not many enterprises concern about it. Researching a company’s reputation in Vietnam is an essential component of risk management for several reasons. In an increasingly interconnected and competitive global business landscape, understanding a company’s reputation can provide valuable insights into potential risks and help organizations make informed decisions. Why researching a company’s reputation in Vietnam is a crucial aspect of risk management? Risk Identification and Assessment: A company’s reputation reflects its standing in the market and among stakeholders. Conducting research on a company’s reputation can help identify risks related to ethical concerns, legal issues, financial stability, and other factors that could impact its operations. By understanding these risks, organizations can assess their potential impact on business objectives and formulate appropriate risk mitigation strategies. Operational Risks...

There are several types of property in Da Nang and each might has different legal complexities for foreigners to understand when entering the market. When it comes to purchasing or selling properties in Da Nang, Vietnam, it is essential to have the support and guidance of experienced property lawyers in Da Nang . Understanding Types of Property in Da Nang that Attract Foreigners The real estate landscape in Da Nang is currently undergoing significant changes, offering a diverse range of property options. Beside properties like condotels and luxury vacation villas, there is a notable emergence of upscale apartment complexes and detached houses in Da Nang. Prospective buyers can carefully consider various projects currently on the market, or explore the primary market with attractive, legally sound properties. The development of high-end apartments and residential villas is an inevitable trend as the quality of life in Da Nang continues to improve. Da Nang has become an urban area attra...

  In any field, mistakes can occur but differ in actual consequences. Especially in construction activities, the consequences are difficult to predict, the violations in construction activities, to any extent, affect individuals and collective users. Therefore, the Hanoi City People’s Council issued Resolution No. 07/2014/NQ-HDND prescribing the fine levels for a number of administrative violations in the field of construction. This Resolution prescribes the fine levels for a number of administrative violations in construction activities in the Government’s Decree No. 121/2013/ND-CP of October 10, 2013 on sanctioning of violations. administration in construction activities; real estate business; exploitation, production and trading of construction materials; technical infrastructure management; housing and office development management (abbreviated to Decree No. 121/2013/ND-CP) in Hanoi city. The Resolution provides a number of violations and penalties for corresponding acts of inv...

Termination of a labor contract is an event that terminates the employment relationship between the employee and the employer. This event might lead to labour disputes. The employer and the employee could consult with lawyers at an employment dispute law firm in Vietnam for advice and representation. What cases of labour contract termination in Vietnam? In particular, there are many cases of termination of labour contracts such as the labour contract expires, the work stated in the labour contract has been completed, both parties agree to terminate the labour contract, the employer lays off the employee due to structural or technological changes or because of economic reasons, merger, consolidation or division of the enterprise or cooperative,… Steps taken to terminate labour contract due to economic reasons In case more than one employee faces the risk of unemployment for economic reasons, the employer shall propose and implement a labor utilization plan in accordance with labour co...