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Global Vietnam Lawyers > Articles (Page 2)

Who Pays “Old Debts” After M&A?

GV Lawyers would like to present you an article by Assistant Attorney Tran Nguyen Phuong Anh titled “Who Pays “Old Debts” After M&A?” which was published in Saigon Economic Times on 08 July 2021. *** May a company be released from the payment obligation for its debts by changing the shareholders and the company’s name? Who will be responsible for the debts the company had before an M&A deal? “Old debts” – one of the typical post-M&A disputes In early 2021, Chairman of the Hanoi People's Committee requested relevant agencies to inspect Minh Quan High Technology Development and Investment Joint - Stock Company...

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What is large and small when it comes to the charter capital?

GV Lawyers would like to introduce to our readers an article by Lawyer Do Duc Anh titled “What is large and small when it comes to the charter capital?” was published in Saigon Economic Times No. 27-2021 (1,594) on 01 July 2021. *** Registering a charter capital of VND500,000 billion is suspected, so is it possible to register the one worth VND1 million? Recently, there has been a lot of buzzing public opinion about an enterprise registered for establishment with a charter capital of VND500,000 billion (about USD21.7 billion) in Ho Chi Minh City. Actually, the charter capital of USD21.7 billion is not...

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International trademarks protection – legal lessons for Vietnamese enterprises

We would like to introduce an article by Lawyer Le Quang Vy and Paralegal Le Kieu Phuong Cac, titled “International Trademark Protection – Legal Lessons for Vietnamese enterprises” was published on the Vietnam Lawyer electronics magazine on 12 June 2021. *** (LSVN) – Intellectual property rights (“IPR”) is a legal term used to refer to the rights of the subject to intellectual property, including copyright and related rights to copyright, industrial property rights and rights to plant varieties [1]. Depending on different intellectual property objects, the prerequisites for protection, scope and content of IP rights for each intellectual property object will be...

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Does the legal representative have joint obligations to corporate debts?

GV Lawyers would like to introduce our readers an article by Lawyer Do Duc Anh and Ms. Truong Ngoc Mai titled “Does the legal representative have joint obligations to corporate debts?” was published in Saigon Economic Times No. 24-2021 (1,591) on 10 June 2021. *** The Covid-19 pandemic has not passed, many businesses have not only fallen into a state of business stagnation or even paralysis, but also entangled in "pressed" debt disputes leading to court proceedings. Who will pay this debt? The term “legal representative of the enterprise” (Legal Representative) is quite familiar to business people and administrators. It can be seen...

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Who is the real author between a conceiver of creative ideas and a ghostwriter?

GV Lawyers would like to introduce an article by Lawyer Le Quang Vy and Paralegal Vo Tran Hoang Sa titled “Who is the real author between a conceiver of creative ideas and a ghostwriter?” published on Vietnam Lawyer Journal dated 15 April 2021. *** (LSVN) - It is about the copyright dispute between the family of Writer Huu Mai and the family of General Vo Nguyen Giap related to “the Memoirs of General Vo Nguyen Giap” ghostwritten by Writer Huu Mai; or the frustration of Writer Vo Dieu Thanh when he accepted to write memoirs for a famous person ...

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M&A transactions: Noteworthy points when the legal framework changes

GV Lawyers would like to introduce the legal article of Mr. Tran Thanh Tung, a Partner of GV Lawyers titled "M&A transactions: Noteworthy points when the legal framework changes" published on Saigon Times dated 20 January 2021. *** (TBKTSG Online) - As opposed to the Competition Law 2004, there has been a major change in the way of controlling economic concentration in the Competition Law 2018. The Competition Law 2018 relies not only on market share criteria to assess the effect of economic concentration on competition but also on the overall effect - the effect of "significantly restraining competition". M&A from the perspective...

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Apartments cannot be used as hourly rental service

(Construction) - The Ministry of Construction receives recommendations from voters in Ho Chi Minh City sent by the Board of Volunteers through Official Letter No. 288 / BDN dated 24 July 2020 with the following content: “Voters recommend that the regulations on the use of apartments for the hourly, short-term rental service business should be reviewed, clearly explained along with imposing specific sanctions because at present, it is so hard to manage this type of lease that is subjected to much abuse in form of black spots involved in prostitution, drugs, and high-tech crimes ”. In this regard, the Ministry of...

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Four risks of a joint stock company manager

GV Lawyers would like to introduce the article of Lawyer Tran Thanh Tung titled "Four risks of a joint stock company manager" published on the Saigon Economic Times on 10 December 2020, No. 50.2020 (1,565 ). *** WHAT DOES THE HOUSEKEEPER “DO” WHEN THE HOMEOWNER IS AWAY? A joint stock company is built on the principle of separating the company’s ownership from its management rights. Shareholders (owners of the company) attend only once or twice a year the general meeting of shareholders and then dissolve. Between the general meeting of shareholders, all power is vested in the "housekeeper" who is the board of...

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Sharing Economy – A Piece of The 4th Industrial Revolution or A New Form of Workers Squeezing

GV Lawyers would like to introduce an article by Lawyer Tran Huu Tien titled "Sharing economy – a piece of the 4th industrial revolution or a new form of workers squeezing" posted on website of Vietnam Lawyers Online on 10 December 2020. *** (LSVN) - Recently, a tax policy newly enacted has been attracting public attention, especially from those whose interests are directly related. Those are the persons/entities who take part in the business models that provide the partnership with operators of the technology platform connecting customers with service providers such as Grab, Now, Gojek, etc. Specifically, Decree 126/2020/ND-CP taking effect from...

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Affixing price: how to be legal and avoid damage?

GV Lawyers would like to introduce an article by Lawyer Do Duc Anh and Paralegal Phan My Hanh titled "Affixing price: how to be legal and avoid damage?" published on Saigon Economic Times 38-2020 (1,553) dated 17 September 2020. *** Valuation of goods and services is the right of the enterprise. This is always true in terms of business. But affixing prices is a legal story. Failure to grasp the regulations on price affixing can lead to huge damage to the enterprise. 100k is not VND 100,000! The current business habit is that enterprises often affix prices in the form of "100K" instead of "VND 100,000"...

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