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Global Vietnam Lawyers > Articles (Page 3)

How to avoid “the state of being innocent but having evidence against oneself”

GV Lawyers would like to introduce an article by Lawyer Nguyen Kim Nhu titled: How to evade “the state of being innocent but having evidence against oneself” published on Saigon Economic Times 40-2020 (1,555) dated 017/10/2020.   *** TRANSPARENCY TO PROTECT SHAREHOLDERS Modern corporate law is built on the separation of corporate ownership and corporate governance. Shareholders are the owners of the company but do not directly manage the company, but give management rights to professional managers - directors and managers. From here, a risk arises: directors and managers misuse their positions for personal gain or gain for third parties. Profiting and self-interest are...

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What do authors benefit from when EVFTA comes into effect?

GV Lawyers would like to introduce an article by Lawyer Le Quang Vy & Lawyer Nguyen Thi Hang with the title "What do authors benefit from when EVFTA comes into effect" posted on the website of Vietnam Online Lawyers. *** (LSO) - On February 12, 2020, the European Parliament officially ratified the Free Trade Agreement between Vietnam and the European Union (“EVFTA”). This opens the opportunity but equally poses enormous challenges for Vietnam in the process of deep integration with the world economy. In addition to outstanding regulations related to goods, import and export, tariffs, etc., there are many notable regulations that govern...

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Right to use personal images under ethical and legal perspective

GV Lawyers introduces the article of Lawyer Le Quang Vy and Lawyer Hoang Thi Hoai Thu headlined as “The right to use personal images under ethical and legal perspective” was posted on the website Vietnam Online Lawyer on 07 May, 2020. In this article, the authors presented and analyzed important issues of moral rights, image rights and other fundamental human rights that need to be respected and protected in accordance with Vietnamese laws and at the same time the author also made legal comments on a recent incident. *** Personal image of a person belongs to the moral rights of that person. In...

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Does a company need to register its scope of business?

GV Lawyers would like to present an article by Mr. Tran Thanh Tung & Ms. Pham Thi Minh Trang, entitled: "Does a company need to register its scope of business?" published in Saigon Times on October 27, 2011. *** Simple questions, no easy answers A company has been granted a business registration certificate as a travel service provider. Can it carry out activities such as vehicle rental booking, air booking, accommodation reservation and purchasing entrance tickets to museums, historic and cultural sites, or buying theater tickets for its customers? Another case, a company (not a financial or credit institution) wants to provide loans to its employees...

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A too big legal shirt

GV Lawyers would like to present an article by Mr. Tran Thanh Tung, entitled: "A too big legal shirt" published in Saigon Times on March 3, 2011. *** With Decree 01/2010/NĐ-CP regarding the private placement, the small joint stock companies (JSC) (understood as they are not public companies and have less than 100 shareholders) seem to be forced to comply with regulations appropriate only to public companies. In other words, small JSC are forced to wear a legal shirt that is too big for them. At last the State Securities Commission (SSC) and the Ministry of Planning and Investment (MPI) have given instruction regarding private placement...

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5 steps to purchase shares in Vietnamese enterprises

GV Lawyers would like to present an article by Mr. Tran Thanh Tung  & Ms. Nguyen Thi Phuong Chung, entitled: "5 steps to purchase shares in Vietnamese enterprises" published in Saigon Times on May 12, 2011 *** Shares: In hand but not safe Through a long relationship, an Indian investor purchased 4% of shares in a local joint stock company. Shares purchase contract has been signed, money has been transferred to account of the selling party, information of the purchasing party has been recorded in shareholder book and the company has issue stocks to the purchase party. Everything seems to be completed. A long time after that, the...

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Should flotation of foreign businesses be reconsidered?

GV Lawyers would like to present an article by Mr. Tran Thanh Tung & Ms. Nguyen Van Quynh, entitled: "Should flotation of foreign businesses be reconsidered?" published in Saigon Times on October 6, 2011. *** The Ministry of Planning and Investment is reconsidering the policy on flotation for foreign-invested enterprises stipulated in Decree 38/2003/ND-CP on April 15, 2003, due to concerns about negative implications. This article discusses the above policy from a legal angle. In order to grasp the above policy, the original setting of Decree 38 should be taken into account. Prior to the 2005 Enterprise Law and Investment Law, foreign-invested enterprises (FIEs) were established in...

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The control committee’s role in a joint stock company

GV Lawyers would like to present an article by Mr. Tran Thanh Tung, entitled: "The control committee’s role in a joint stock company" published in Saigon Times on April 23, 2009. *** This time of year is generally considered the peak time for annual Shareholders’ Meeting in the joint stock companies (JSC). However, in attending some of these  meetings, one can see that the Control Committee (CC) does not always seek to the best interests of its investors nor does it always appropriately supervise the operations of the Boards of Management (BOM) and the Boards of Directors (BOD). This article will provide you with some...

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Businesses need criminal records?

GV Lawyers would like to present an article by Mr. Tran Thanh Tung & Mr. Ngo Nhat Minh, entitled: "Businesses need criminal records?" published in Saigon Times on December 19, 2013. *** Two stories, one question In his free time, an old pharmacist told us his story of starting a business in 1993 – the establishment of his pharmaceutical manufacturing company. He cannot forget running back and forth to request documents to set-up his company under the previous Law (Law on Company 1990). Besides preparing documents and explaining the organization chart, operation apparatus, plants, warehouses and equipment, he had to entreat the director of a hospital for...

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Registering license changes as required by the court – is the door open to trading derivatives?

GV Lawyers would like to present an article Mr. Tran Thanh Tung & Mr. Ngo Nhat Minh entitled: "Registering license changes as required by the court – is the door open to trading derivatives?" published in Saigon Times on March 27, 2014. *** An actual case An investment fund lent a company funds to buy fixed assets. Due to the lack of the borrower’s collateral, the fund agreed to lend without a security provided; that if the borrower could not repay the loan upon maturity, such a loan would be converted into the lender’s shares in the borrower’s company. However, upon maturity, the borrower neither paid...

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