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

Official Gazette

Tuesday, June 6, 2023
Tags: Limited liability 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.
Government to divest capital from 141 state enterprises in three years Government to divest capital from 141 state enterprises in three years
From 2023 to 2025, the Government will divest capital from 141 state-owned enterprises (SOEs) and equitize 19 others, while keeping state capital portions unchanged at 126 SOEs.
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.
Penal liability of legal persons for polluting acts under Vietnams penal code Penal liability of legal persons for polluting acts under Vietnam’s penal code
Environmental pollution has not only caused damage to property and human health and life but also exerted great adverse impacts on the national economy. Criminal laws of Vietnam contain provisions on handling on legal persons’ acts of polluting the environment, covering the examination of their penal liability.
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.
Criteria for classification of SOEs to be specified Criteria for classification of SOEs to be specified
During 2021-25, state-invested enterprises undergoing ownership transformation, reorganization or state capital withdrawal would be classified into three categories based on operating sectors; scope and characteristics of operation; and areas of operation.
Glossary of the 2020 Enterprise Law Glossary of the 2020 Enterprise Law

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