Our company is a multiple-member limited liability company and is now planning to carry out the procedures to change its legal representative. Please advise what documents need to be prepared, the steps to be taken, the order of procedures, and the statutory processing time under current regulations. Answer: At the request of the Client, we […]
I intend to establish a Single-Member Limited Liability Company, in which I will be the sole owner holding 100% of the charter capital and directly managing the company’s operations. Under the new regulations on enterprise registration, enterprises are required to record information on their beneficial owner(s). In my case, how will the beneficial owner be […]
I am a shareholder of a joint stock company with a charter capital of VND 500,000,000, divided into 500,000 common shares. Accordingly, the total number of voting shares of the Company is 500,000. The specific ownership structure is as follows: Mr. A holds 200,000 common shares; Mr. B holds 200,000 common shares; and Mr. C […]
Question: Our company has many years of experience in the field of X and has established a certain brand in the market. We now wish to cooperate with a foreign partner to open a business establishment in the same field. However, as this is our first cooperation, we are concerned that the two parties may […]
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What is the current procedure for changing the legal representative of Company
Do the parties have the freedom to choose the law applied in the arbitration proceedings to resolve the dispute?
The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow: 1. For disputes without foreign
Which legal documents of Vietnam stipulate commercial franchise?
Commercial franchise is provided in the following legal documents: - Vietnam Commercial Law 2005 - Decree No. 35/2006/ND-CP dated 31/3/2006 by the Government detailing implementation
What are qualifications to become an arbitrator? Who are not allowed to act as an arbitrator?
According to Article 20 of The Arbitration Law 2010, a person with all the following qualifications may act as arbitrators: a. Having full civil legal
How is the legal value of an arbitral award? Does one party, who disagrees with the arbitral award, have the right to bring a petition to the court?
The arbitral award is final, and all parties are bound by such award. If when the time-limit for carrying out an arbitral award expired, the
During the process of arbitration proceedings, could the court order an interim relief to protect the rights of parties in the dispute?
Under Article 48 of The Arbitration Law 2010, Parties in dispute shall have the right to request the arbitration tribunal or a court to order
During the arbitration proceedings, is conciliation by parties recognized? How will the decision recognizing successful conciliation be enforced?
Pursuant to Article 9 of The Arbitration Law 2010, during the process of arbitration proceedings, Parties shall have the freedom to negitiate and reach agreement
Please provide some information about the arbitration fees of VIAC.
According to the website of the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Comerce and Industry, since January 1st 2012, VIAC will
Are parties required to select arbitrators within the list of arbitrators of VIAC when the dispute was agreed to be settled in accordance with the Rules of Arbitration of VIAC?
According to the Rules of Arbitration of VIAC, Parties are required to appoint arbitrators within the list of arbitrator of VIAC to resolve disputes without
Could parties submit a petition to the court while they have already agreed upon an arbitration agreement?
No, they could not. According to Article 6 of The Arbitration Law 2010, where the parties in dispute already have an arbitration agreement but one