Vietnam Business Law Updates July 2019

Vietnam Business Law Updates June 2019

Vietnam Business Law Updates May 2019

Employment/Internship Opportunities at Venture North Law

Please download the pdf version here.

1)         We are looking for candidates to join our legal team as a legal intern or trainee. If you are interested, please read through the below and follow the instructions.

2)         Questions

For internship position

a)         Company A is a joint stock company. The Board of Directors (Hội Đồng Quản trị) of A has four members of which B is the Chairman. B plans to pass a decision of the Board to approve a loan contract by way of collecting written opinions from members of the Board. All four members send their votes to A. Two members including B approve, and two members reject the contract. Based on Article 153.8 of the Enterprise Law 2014, B decided that the Board has duly approved the loan contract.

If you are lawyers for the two dissenting Board members, please advise them on how to invalidate the Board resolution approved in the manner above. In order to do so, please specify the legal basis for invalidating the Board resolution.

For this question and for all other questions, please assume that A’s charter is the same as the Enterprises Law 2014.

b)         Company A has four shareholders of which B is also the largest shareholder with 51% voting rights. B wants A to issue new ordinary shares to a new investor (C) so that C will own 10% shares in A but the remaining shareholders do not agree with B.

If you are lawyers for B, please advise B on how to obtain a valid shareholder resolution approving the issuance of new shares to C.

If you are lawyers for the minority shareholders, please advise them how to block B’s action.

For trainee position

c)         Please answer questions 2.1 and 2.2 for internship position.

d)         Regarding to the situation at 2.1, after the Board approves the loan agreement at 2.1 and C becomes a shareholder in A and participate in the Board of A. As a result, A has five Board directors. The two dissenting Board members at 2.1 managed to convince another Board member to change his support for B. As a result only B as the Board’s chairman and the new Board director from C support the loan contract. The three Board members wish to pass a resolution to revoke the resolution approving the loan agreement and to dismiss B as chairman of the Board.

If you are lawyers for the two dissenting Board members, please advise them how to achieve their goal.

If you are lawyers for B and C, please advise B and C on how to block the challenges from the three dissenting Board members.

3)         How to apply? Please email us at office@vnlaw.com.vn with copy to vu.nq@vnlaw.com.vn:

a)         the answers to questions for the respective positions; and

b)         your Curriculum Vitae including at least the following:

i)          name, address and year of birth;

ii)         profile picture; and

iii)        education background and extra-curriculum activities since high school; and

iv)        a short write up about what you expect from being a lawyer.

You can write to us either in Vietnamese or English.

Venture North Law is a Vietnam business law firm established and lead by Nguyen Quang Vu, an experienced business lawyer in Vietnam.

Please find below some recommendation from Vu’s colleagues:

 Viet Khuat - Lead Counsel for Vietnam, Thailand & Myanmar markets, Syngenta Vietnam Ltd

“Vu is a very experienced corporate lawyer with great technical skills who always challenges the status quo to find solutions to clients from different angles. He also has the ability to clarify complex issues using simple words and is a great mentor to young lawyers who seek to sharpen their skills.”

Tra Tran - Legal & Government Affairs Officer at Ford Vietnam

“….. It is undoubted that Vu has been one of my greatest mentors in the legal professional field. He is exactly the person who taught me a lot at my very first beginning days of this tough field. Who I am and what I have today have been developed mainly based on the experience I have learned from him. He is, of course, not only a good boss but an experienced attorney-at-law also. So there would be no surprise should anyone who has a chance to work under his supervision could grow and achieve fast.”

Thao Tran - Associate at Nagashima Ohno & Tsunematsu

“I have had the privilege of working at VILAF under Mr. Vu’s direct supervision for more than three years …... I find him to be a great mentor, a considerate boss and most importantly a knowledgeable legal practitioner who has always been an inspiration to all young lawyers including me. His meticulousness, profound insights of laws and constant willingness to share his knowledge with others are exemplary and highly appreciated by everyone who has the opportunity to work with him ….”

Vietnam Business Law Updates April 2019

Vietnam Business Law Updates March 2019

Vietnam Business Law Updates February 2019

Vietnam Business Law Updates January 2019

Vietnam Business Law Updates December 2018

Vietnam Business Law Updates November 2018

Vietnam Business Law Updates October 2018

Vietnam Business Law Updates September 2018

Vietnam Business Law Updates August 2018

Vietnam Business Law Updates July 2018

Vietnam Business Law Updates June 2018

Vietnam Business Law Updates May 2018

New Partner announcement

On 11 May 2018, Venture North Law announces the election of one new Partner, Ms. Ha Thi Dung, effective immediately. Dung will be joining Venture North Law's corporate and real estate practices. Further information about Ms. Ha Thi Dung can be found here.

Vietnam Business Law Updates March 2018

English

CORPORATE CRIMINAL LIABILITY IN VIETNAM

The Penal Code 2015, which takes effect from 1 January 2018, for the first time introduces criminal liabilities to legal entities in Vietnam. Before the Penal Code 2015, only individuals may be subject to criminal liabilities in Vietnam. This is a major change to the criminal law system in Vietnam. Please click Here for downloading our slides summarising our discussion about corporate criminal liability regime in Vietnam in Volume 2 of Principles Of Vietnam’s Enterprises Law.

Vietnamese

1.    Có Phải Đóng Bảo Hiểm Xã Hội Trong Thời Gian Thử Việc Theo Hợp Đồng Lao Động Ở Việt Nam

2.    Nhận Diện Cổ Đông Lớn Trong Một Ngân Hàng Thương Mại Ở Việt Nam

3.    Tầm Quan Trọng Của Tỷ Lệ Sở Hữu Cổ Phần Của Nhà Đầu Tư Nước Ngoài Trong Ngân Hàng Thương Mại Việt Nam

4.    Giới Hạn Vay Ngân Hàng Tại Việt Nam

 

Principles Of Vietnam's Enterprise Law (Vol. 2) Is Now Available On Amazon.

Vietnam Business Law Updates April 2018


English

  1. No “Acting In Concert” Concept Under Vietnamese Securities Regulations
  2. Stricter Requirements For Multiple-Level Marketing Activities
  3. Applicability Of Indirect Ownership In Determining Ownership Limit In A Vietnamese Joint Stock Bank
  4. Obstacles For A Hostile Takeover In Vietnam

Vietnamese

  1. Trách Nhiệm Hình Sự Của Công Ty Tại Việt Nam

Principles Of Vietnam's Enterprise Law (Vol. 2) Is Now Available For Sale in Vietnam. Please fill this online registration form for purchase. https://goo.gl/forms/nOSkjDrYVFLHbGyd2  

In the first week, we received orders for more than 100 copies of the books from many lawyers and law firms in Vietnam. This is a comment from a senior associate of an international law firm in Vietnam, which has been operating in Vietnam for 20 years and has bought 15 copies. “This book (volume 1 and volume 2) is undoubtedly the best handbook on company law in Vietnam so far. In HCMC, all junior lawyers are instructed to read this book when doing research or giving opinion on a matter in corporate law or securities law. I highly recommend that we do the same in Hanoi if possible