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

Official Gazette

Tuesday, June 6, 2023
Tags: JSCs
Creating a company in Vietnam: an LLC or a JSC? Creating a company in Vietnam: an LLC or a JSC?
Limited liability companies (LLCs) and joint stock companies (JSCs) remain the two forms of companies that are most commonly used in practice in Vietnam. Sometimes, the choice may be difficult for a foreign investor, especially when he/she/it wants to cooperate with a local investor to set up a new company. This article provides an overview of the legal framework relating to LLCs and JSCs and suggests some practical inputs for reflection with respect to this topic.
Shareholder litigation right under Vietnams enterprise law Shareholder litigation right under Vietnam’s enterprise law
By exercising their right to initiate lawsuits, shareholders of joint-stock companies become able to protect their own rights and interests against infringements of their companies and corporate managers. However, current relevant regulations still see limitations regarding the shareholder litigation right. This article analyzes such limitations and dwells upon how to better facilitate the proper exercise of this right.
Company meetings and resolutions at a glance Company meetings and resolutions at a glance
Company meetings constitute an important part of a company’s life. Failure to comply with legal requirements regarding the conduct of meetings may result in resolutions passed during those meetings being set aside[2] and this is in practice a great matter of concern. This article focuses only on meetings of the Members’ Council of multiple-member limited liability companies (LLCs) and meetings of the General Assembly of Shareholders and Board of Directors of joint-stock companies (JSCs) (or shareholding companies).
Legal framework relating to shares: an overview Legal framework relating to shares: an overview
In contributing capital to a company, the maker of such contribution will acquire shares in it. Those shares are a type of property that can be used in transactions inside the company and with third parties. This article provides an overview of the applicable rules of Vietnamese law relating to shares.
Commentary on the 2020 Enterprise Laws new provisions on joint-stock companies Commentary on the 2020 Enterprise Law’s new provisions on joint-stock companies
Although there are no landmark or breakthrough changes in the 2020 Law on Enterprises, it still provides necessary and timely amendments and supplements, making it easier for businesses and investors as well as state management agencies to navigate. In this article, the author only discusses and clarifies the new basic provisions on joint-stock companies of the 2020 Enterprise Law in order to raise awareness about and help improve effectiveness of enforcement for this type of company.
Vietnam issues new decree on insurance business Vietnam issues new decree on insurance business
Effective from July 1, 2016, Decree No. 73 makes amendments and improvements to the nearly 10-year-old rules on insurance business conditions.
Private Equity and MA - Opening the Doors to Investment Private Equity and M&A - Opening the Doors to Investment
During the past five years, Vietnam’s government has undertaken a host of positive legislative measures to improve the mergers and acquisitions (M&A) and private equity environment and pave the way for increased foreign direct investment in the country.
Duties and liabilities of the board of management Duties and liabilities of the board of management
The role of the Board of Management (Board) of a Vietnamese joint stock company (JSC) is similar in many respects to that of the Board of Directors of a company incorporated under the laws of, say, the UK or the US.
Re-registration of enterprises under the new enterprise and investment laws Re-registration of enterprises under the new enterprise and investment laws
Recently, the Government issued the eagerly anticipated Decree No. 101/2006/ND-CP on re-registration and conversion of foreign-invested enterprises and business co-operation contracts pursuant to the Law on Enterprises and the Law on Investment (“Decree No. 101”).

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