FDI Enterprises: When must the investment capital account be closed, and where will the funds go after closure under Circular No. 38/2026/TT-NHNN?

Question: Our company is a foreign-invested enterprise in Vietnam. We are planning an ownership restructuring, whereby the foreign investor will transfer their entire capital contribution to Vietnamese shareholders (or reduce their ownership ratio to 50% or below). Under the provisions of Circular No. 38/2026/TT-NHNN, in which cases is an FDI enterprise mandatorily required to close […]

Providing foreign loans in USD to Subsidiary companies

Question: A parent company in Vietnam intends to lend a sum of capital in US Dollars (USD) to its subsidiary in Hong Kong (an enterprise with the parent company’s capital contribution in the form of direct investment). What are the procedures, steps, and necessary documents required to carry out this loan?   Answer: Conditions for […]

Foreign investment in Vietnam: Can investors open an investment capital account and transfer capital contributions before obtaining an Investment Registration Certificate?

Question: Our company is preparing to establish a foreign-invested economic organization in Vietnam to implement a technology project. During this investment preparation phase, we incur various lawful expenses and need to receive capital from foreign investors for payment. May we open an investment capital account and transfer capital contributions into such account prior to the […]

Acts of infringement upon rights to trademarks

Question I am the owner of a business and have registered a trademark for my products. Recently, I discovered that another party has been using a sign similar to my trademark on its products and packaging. Would this constitute an infringement of my trademark rights? Answer: 1/ Concept of trademark: Pursuant to clause 16 Article […]

Do Electronic Contracts Have the Same Legal Validity as Paper Contracts? How Should Enterprises Store Electronic Contracts to Ensure Their Evidentiary Value?

Question: Our company is transitioning from paper contracts to electronic contracts. Do electronic contracts have the same legal validity as paper contracts? How should the company store electronic contracts to ensure their evidentiary value in the event of a dispute? Answer Under the 2023 Law on Electronic Transactions, a data message cannot be denied legal […]

Vietnam Labor Consult

Question: Simply saying, a local person who work for us was dead from car accident, now we want to know whether your company should indemnify his family or not, and

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New points of Labor Code 2019

On 20 November 2019, Vietnam National Assembly XIV passed the new Labor Code on Session 8 which shall become effective from 1st January 2021. SBLAW

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running a company in vietnam

Q&A on running a company in Vietnam

Lawyer of SBLAW would like to present the relevant information the foreign investors should be aware of when running a company in Vietnam, under Q&A as follows: 1/ What would be

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