Is a share transfer contract legal without the approval of the General Meeting of Shareholders

On July 26, 2023, the People's Court of Ho Chi Minh City announced Judgment No. 1255/2023/KDTM-ST on the dispute over the share transfer contract. The content of the dispute is as follows: On January 22, 2018, Ms. Th signed a contract to receive common shares with Mr. T, who was a founding shareholder and also […]
Value Added Tax (VAT) Reduction for Embroidery Machines

On April 16, 2024, the General Department of Customs issued Circular No. 1603/TCHQ-TXNK providing guidance on VAT reduction for embroidery machines as per Decree No. 94/2023/NĐ-CP dated December 28, 2023. In accordance with Article 1(1) of Decree No. 94/2023/NĐ-CP, the VAT reduction policy applies to commodity groups subject to a tax rate of 10% (reduced […]
Determining Value Added Tax (VAT) refund for the case of a parent company engaged in export activities to its foreign subsidiary

On April 16, 2024, the General Department of Taxation issued Circular No. 1577/TCT-KK regarding VAT refund policies for cases where the parent company engages in export activities to its foreign subsidiary. - Pursuant to legal regulations, in the case where the parent company exports machinery and equipment to its subsidiary established in Cambodia to implement […]
Responding to inquiries regarding commercial invoices

On April 15, 2024, the General Department of Taxation issued Circular No. 1554/TCT-CS providing guidance on invoices. In accordance with legal regulations, commercial invoices not falling under any of the types of electronic invoices stipulated in Decree No. 51/2010/NĐ-CP dated May 14, 2010, and Decree No. 04/2014/NĐ-CP dated January 17, 2014, before the implementation of […]
Guidelines on the sequence and procedures for the establishment and expansion of industrial clusters

On April 10, 2024, the Ministry of Industry and Trade issued Decision No. 821/QD-BCT announcing new administrative procedures in the field of industrial clusters under the management of the Ministry of Industry and Trade. Accordingly, to establish/expand industrial clusters, the following steps need to be taken: 1. Implementation sequence Step 1: Enterprises, cooperatives, organizations submit […]
Are foreign nationals married to Vietnamese citizens required to obtain a work permit?

Question: My company is looking to recruit foreign laborers who are married to Vietnamese citizens. I would like to ask the lawyer if, in this case, the foreign laborer needs to apply for a work permit? What are the procedures and processes? Answer: Legal Basis: - Labor Code No. 45/2019/QH14 issued by the 14th National […]
Coastal encroachment activities according to the Land Law 2024

On April 16, 2024, the Government issued Decree No. 42/2024/NĐ-CP regarding coastal encroachment activities to provide detailed guidance on the provisions of Article 190 of the Land Law 2024. This Decree specifies the following: - Definition of coastal encroachment behavior - Coastal encroachment activities serving national defense, security purposes not within the scope regulated by […]
Notice of the implementation of the schedule for swap working days with state administrative agencies, public service units, and enterprises

On April 14, 2024, the Ministry of Labor - War Invalids and Social Affairs issued Notice No. 1570/TB-BLDTBXH on the proposal to exchange working days for the holiday of Reunification Day April 30 and International Labor Day May 1, 2024 for civil servants, public employees, and workers of state administrative agencies, public service units, and […]
Draft 01 Decree on land use fees, land rent

On April 12, 2024, the Ministry of Finance drafted a Decree on land use fees, land rent. This Decree is built according to the Land Law 2024. The Decree includes 11 chapters, 173 articles, detailing the implementation of some articles, clauses of the Land Law No. 31/2024. According to the Draft, the Decree applies to […]