Consultation on bank loans secured by valuable papers

Question: Our company plans to borrow capital from the Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV) to invest in production and business. To secure the loan, the company intends to pledge all shares of the Vietnam Aircraft Leasing Joint Stock Company – an affiliated company of the Joint Stock Commercial Bank […]
Consultation on the dismissal of an employee due to poor work performance

Question: Our company has signed a labor contract with Mr. X. During the course of work, we found that Mr. X had low work performance. May we ask whether the company can dismiss Mr. X ? Answer: According to the provisions of Point a, Clause 1, Article 36 of the 2019 Labor Code, the employer […]
Regulations on Salary, Bonuses, Allowances, and Collective Labor Agreements – Are They Mandatory for Busines

Question: Our company is wondering whether it is mandatory to issue regulations on salary, bonus, allowances, and the Collective Labor Agreement (CLA). If we do not implement these regulations, what legal risks might we face? Answer: Collective Labor Agreement (CLA) – Is It a Mandatory Document? According to Clause 1, Article 75 of the 2019 […]
REPORTING OBLIGATIONS FOR ENTERPRISES' FOREIGN LOANS

Ask: Our company has a loan from our parent company abroad. Are we required to submit any reports and if so, how should we comply with this requirement? Answer According on the information you provided, if your company has a loan from its overseas parent company, it must comply with the reporting requirements as stipulated […]
Legal Consultation on the Authority to Decide Termination of a Labor Contract

Question: Our company intends to terminate the labor contract with an employee. Who has the authority to issue the decision on termination of such contract?. Answer Pursuant to Clause 2 Article 3 of the Labor Code 2019, "An employer means an enterprise, agency, organization, cooperative, household, or individual that hires or employs a worker under […]
Consultation on Termination of an Indefinite-term Labor Contract by Mutual Agreement

Question: Our company has an employee under an indefinite-term labor contract. The employee has now submitted a resignation. According to the law, the employee must give at least 45 days’ prior notice. However, in practice, both the company and the employee wish to terminate the contract immediately, without waiting for 45 days. Is this lawful? […]
Consultation on the applicability of CISG and the right to cancel the contract in international equipment sales transactions

Question: I represent a company in Vietnam. On April 2, 2015, my company signed a contract to purchase a 30-ton pedestal crane with a company headquartered in South Korea. During the contract performance, a dispute arose concerning the quality of the goods. I would like to ask whether this contract can apply the United Nations […]
PROCEDURE FOR ADJUSTMENT OF BUSINESS LICENSE

Our company is ABC Company Limited (100% foreign-owned), currently operating in the field of retail distribution of goods. We would like to amend our Business License for the following reasons: (1) Change of the company’s head office address (within Ho Chi Minh City); (2) Addition of a new legal representative. We would like to receive […]
Consultation on handling the case where an employee resigns while being under disciplinary review

Attorney Nguyen Thanh Ha is the chairman of SBLAW and a litigation attorney with 20 years of experience. Attorney Nguyen Thanh Ha has experience in arbitration as a lawyer protecting the rights of plaintiffs and defendants. Attorney Ha is also an arbitrator at VIAC, participating in resolving commercial business disputes. Attorney Nguyen Thanh Ha is […]