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

Official Gazette

Tuesday, June 6, 2023
Tags: and joint stock companies
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.
Survey shows constant challenges for businesses to join local public procurement and suggests reform of bidding policies Survey shows constant challenges for businesses to join local public procurement and suggests reform of bidding policies
This article is an excerpt from the Report “Public Procurement: Findings from a Business Perception Survey”, which was the result of a collaborative research initiative conducted from July 2021 to June 2022 by the Vietnam Chamber of Commerce and Industry and the United Nations Development Program (UNDP). Highlighted here are key findings from the business survey, aiming to understand the experience and perception of businesses in public procurement activities in localities, especially in the health sector.
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 provisions on corporate bonds and solutions to protect bond investors in Vietnam Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam
Corporate bonds are a hot topic in recent days as many big companies have issued corporate bonds for raising capital. This article analyzes current regulations on corporate bonds and loopholes therein and offers recommendations to protect investors in Vietnam’s bond market.
Exercise of the right to freedom of enterprise in the sharing economy Exercise of the right to freedom of enterprise in the sharing economy
The Fourth Industrial Revolution has led to emergence of new business lines based on digital platforms following the model of sharing economy (Grab, peer-to-peer lending, ride and accomodation sharing, etc.). However, enterprises engaged in such business lines are encountering numerous difficulties due to incompleteness of the existing legal framework concerning this issue. This article brings an insight into the realization of the right to freedom of enterprise in the sharing economy in Vietnam and gives recommendations for promoting the development of this model in the country.
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.
Glossary of the 2020 Enterprise Law Glossary of the 2020 Enterprise Law
Eleven laws came into force from January 1 Eleven laws came into force from January 1
These include the Labor Code, the Invetment Law, the Enterprise Law, the Law on Investment in the Form of Public-Private Partnership, the Securities Law, the Youth Law, the Law on Mediation and Dialogue at Court, among others.
New regulations on tax administration New regulations on tax administration
The guiding text of the 2019 Law on Tax Administration has recently been issued by the Government with a series of new provisions designed to create convenience for taxpayers and reduce tax-related compliance costs while increasing the effectiveness of tax administration activities.

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