Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Friday, December 6, 2019
Tags: public company
Corporate liability for offenses against the economic management order in Vietnam Corporate liability for offenses against the economic management order in Vietnam
The 2015 Penal Code (revised in 2017) (the Code) is Vietnam’s first and only code that holds commercial legal persons criminally liable for committing criminal acts. This is a breakthrough in the country’s criminal justice policy and leads to a substantial change in the general perception about crime and punishment. It also applies various penalties to commercial legal persons found liable for crimes[1], including three principal penalties (fine, suspension from operation, and termination of operation), three additional penalties (prohibition from doing business or operating in certain areas, prohibition from raising capital, and fine, when not imposed as a principal penalty), and five judicial measures (confiscation of objects and money directly related to the crime; return of property, redress of or compensation for damage; coerced public apology; coerced restoration to the original state; and coerced application of measures to redress and prevent further consequences).
Intl accounting rules compulsory after 2025: draft Int’l accounting rules compulsory after 2025: draft
The adoption of International Financial Reporting Standards (IFRS) will be compulsory for State-owned enterprises (SOEs), listed companies and large-scale unlisted public companies after 2025, according to a draft project the Ministry of Finance recently made public for comments.
Draft Securities Law proposes expanding foreign holding cap Draft Securities Law proposes expanding foreign holding cap
The Ministry of Finance has recently held a series of conferences to collect opinions from legal experts and stakeholders on the draft Securities Law, focusing on such issues as conditions for acquiring public company status and foreign holding cap in public companies, public offering and private placement of stocks and bonds, powers of the State Securities Commission, and organizational and operational model of Stock Exchanges.
Nine solutions for a sustainable securities market Nine solutions for a sustainable securities market
Since its founding 22 years ago, Vietnam’s securities market has significantly grown and constantly improved its structure as an important capital raising channel of the economy, contributing to improving the market economy institution and promoting international integration.
Decree to speed up SOE equitization Decree to speed up SOE equitization
With a view to removing existing obstacles to accelerate the equitization of state-owned enterprises, the Government on November 22 issued a new decree on transformation of SOEs into joint-stock companies.
New regulations to prevent conflicts of interest in corporate governance New regulations to prevent conflicts of interest in corporate governance
From August 1, members of the board of directors, supervisors, director or director general, and other managers of a public company will be required to make public their related interests as prescribed by law.
Legal framework on anti-corruption responsibility of businesses in Vietnam Legal framework on anti-corruption responsibility of businesses in Vietnam
Over the past few years, enterprises have not only been the “victims” of corruption, power abuse and harassment caused by persons with higher positions and/or power, but also the “cause” of corruption. Many enterprises seek to give bribes to public cadres and civil servants in order to obtain certain business or profit making advantages.
Documents issued from November 9 thru 15 Documents issued from November 9 thru 15
From November 9 thru 15, ten documents were issued.
Sale of shares of equitized SOEs in lots specified Sale of shares of equitized SOEs in lots specified
From September 15, shares of equitized state enterprises neither yet listed on the stock exchanges nor registered for trading on the Unlisted Public Company Market (UpCOM) may be sold in lots through auction at the stock exchanges based on in-lot sale plans approved by competent authorities.
Relaxation of the 49-percent cap on foreign ownership in Vietnamese public companies Relaxation of the 49-percent cap on foreign ownership in Vietnamese public companies
As an effort to attract foreign investors in Vietnam’s stock market, on June 26, 2015, the Government issued Decree No. 60/2015/ND-CP amending some articles of Decree No. 58 (Decree No. 60). Among the changes, the most welcomed amendment is the relaxation of the overall 49-percent cap on foreign ownership in Vietnamese public companies. Decree No. 60 will be effective as of September 1, 2015.