Consultation on Legal Representatives of Enterprises

Question: Under the Law on Enterprises 2020, is an individual permitted to concurrently act as the legal representative of multiple joint stock companies? In cases where holding multiple positions may potentially violate competition regulations or create conflicts of interest, what conditions must an enterprise satisfy (e.g., approval of shareholders or provisions in the company charter) […]

Phantom Shares in Vietnamese Companies: Legal Consequences of Unpaid Capital

Scenario: Tech Company X was established by three members (A, B, and C) with a registered charter capital of 3 billion VND, divided equally at 33.3% each (equivalent to 1 billion VND per person). On the Enterprise Registration Certificate (ERC), all three are recorded as having fully contributed their capital. However, in reality, after six […]

Consultation on Beneficial Owner Declaration

Question: I understand that from July 1, 2025, enterprises will be required to declare their beneficial owners. I would like to ask how the declaration of beneficial owner information of an enterprise is carried out.  Answer:                                        […]

Consultation on Establishing a Social Enterprise

Question: I want to establish a social enterprise. What criteria do I need to meet? Answer: According to Article 10 of the 2020 Enterprise Law, a social enterprise is an enterprise established with the aim of addressing social and environmental issues for the benefit of the community, while still conducting business operations like a regular […]

REGULATIONS ON DECLARATION OF BENEFICIAL OWNERS ACCORDING TO DECREE

1. Criteria for determining the beneficial owner of an enterprise - The individual directly or indirectly owns at least 25% of the charter capital or 25% of the total voting shares of the enterprise. Indirect ownership is understood as the situation where an individual holds such proportion through another organization, meaning that the individual does […]