Laws in Vietnam

Source: shareyouressays.com The right to establish and manage enterprises in Vietnam and the right to contribute capital are different . There are cases where right of contribution will naturally give rise to management companies but in many cases, contributing capital case does not give rise to right to  manage. However, many cases the right to establish businesses and to contribute are usually lumped together as one. Therefore, this article will help you understand, how the right to establish and manage enterprises in Vietnam and how the right to contribute capital to the enterprise, any case not be established and not contribute capital Right to establish and mange enterprise A legislated right of freedom from human trading are recognized in the Constitution 2013 , in which subjects shall be recognized in terms of the law and has the right to conduct business registration under the protection of the law. From here, the business has a solid legal basis t...

Image source: pages.cs.wisc.edu This part is about the procedures for conversion between different types of enterprises, I shall tell you about the procedure to switch between sole proprietorship into limited liability companies. This is a more special conversion than other forms because it switch es from unlimited liability to limited liability After ensuring the conditions at Article 199 Law on Enterprise 2014 to make the conversion from sole proprietorship into limited liability companies, business owners will prepare the application for registration of conversion , which includes the following major components: - Application form for enterprise registration; - Charter of the converted company according to Article 25 of the Law on Enterprises; - A list of creditors and unpaid debts, including tax debts, and deadlines for paying them; list of current employees; list of unfinished contracts; - A list of members as prescribed in Article 26 of t...

Interest-based collective labor dispute under the provisions of Labor Code 2012 is: a labor dispute arising from the request of an employees’ collective for the establishment of new working conditions compared to those stipulated by the labor law, collective labor agreement, internal working regulations, or other regulations and lawful agreements reached in the negotiation process between the employees’ collective and the employer. We need to distinguish the collective labor dispute on the rights or interest to determine the proper jurisdiction to settle disputes. Agencies, organizations and persons competent to settle interest-based collective labor disputes: - Labor conciliators; - The Labor Arbitration Council. Like right-based collective labor dispute, the interest-based one must go through conciliation procedure with similar order. In case of unsuccessful conciliation or if either party does not implement the agreement written in the record of su...

To satisfy the needs of investment and new business fields, Laws recognize the form of corporate reorganization through the change of legal form from a type of business to another type. After r esearch ing Enterprise Law 2014 , we can know the procedures for conversion between the Limited liability company (Co., Ltd) and Joint stock company (JSC) as follows: A limited liability company may be converted into a joint-stock company in one of the following manners: a) Conversion into a joint-stock company without raising capital from other entities, without selling stakes to other entities; b) Conversion into a joint-stock company by raising capital from other entities; c) Conversion into a joint-stock company by selling part of or all of the stakes to one or some other entities; d) Combination of all methods above After choosing way to convert , we shall conduct conversion enterprise registration dossier: Specifically , application for enterprise registratio...

Image source: cartoonstock.com Collective labor disputes about rights under the Labor Code in 2012 is a dispute between an employees’ collective and an employer which arises from different explanations and implementations of the labor law, collective labor agreements, internal working regulations, and other regulations and lawful agreements. It can be simply understood as a dispute about what was prescribed by the employer but has lower benefit than labor law so workers want to assert. Procedure for resolving collective labor disputes about the right shall be devided in to two small procedures: Mediation basis and settlement of disputes by the district-level People's Committee chairperson. 1) The conciliation procedures: Collective labor disputes in general and collective labor disputes about rights in particular are required to go through conciliation by the labor conciliator. The order of conciliation procedures for right – based collective labor dispute ...

Image source: blog.ipleaders.in Individual labor disputes are labor dispute between an employee and an employer over rights, obligations or interests which arise between the parties in industrial relations. The dispute occurs in the business when the parties have a personal conflict of interest. Agencies and persons competent to settle individual labor disputes according to Article 200 Labor code 2012 : - Labor conciliators.. - People’s Courts.     Mandatory procedures of individual labor disputes must go through the conciliation conducted by labor conciliators before going to a court for settlement, except the following labor disputes:. a/ Disputes over disciplinary measures of dismissal or unilateral termination of labor contract; b/ Disputes over compensation for damage and allowance upon termination of labor contract; c/ Disputes between a domestic employee and his/her employer; d/ Disputes over social insurance in accordance with the...

The difference between amalgamation and acquisition is t hat acquisition end s the existence of the acquired company and remains the existence of the acquirer and corporate amalgamation terminate the existence of all the companies merged. To ensure the consistency of the steps to complete the procedures for the consolidated enterprise, the Enterprise Law 2014 also has specific provisions on this matter, we can divide them into three main steps: Step 1. P repare the consolidation contract The consolidating companies prepare the consolidation contract. The consolidation contract must contain the consolidating companies’ names, headquarter addresses; the consolidated company’s name and headquarter address; procedures and conditions for consolidation; employment plan; time limit and procedures for transferring assets, stakes, shares, bonds of the consolidating companies to the consolidated company; time limit for consolidation; draft charter of the consolidated company....

Image source: doisongphapluat.com M any headlines around the spring as in 2017 told about start-up stories , which the Prime Minister encourage small household business to elevate it up to enterprise. Guide you to the necessary procedures for the conversion of the household business into enterprise based on current legal enterprise provisions: Step 1: You must complete the procedures to terminate the activities of business households You need to pay in full all debts, including tax debts and other financial obligations unfulfilled. Then you need to prepare the following documents: - Notice of termination of activity (form attached file) - The original certificate of business registration. Filed in: Business Registration Office at district level - where you have done registration procedure.     Step 2: Carry out the registration procedures establishing new enterprise.   Depending on the scale of production, sales and partners , you...

Image source: dangnhanh.vn If the business owners want to divide shareholders/members, and assets of the company (hereinafter referred to as transferor company) to establish two new companies or more (hereinafter referred to as transferee company), they must rely on the provisions of the Enterprise Law 2014 to determine specific procedures for conducting business division, as follows: Step 1. Ratify the Resolution on total division Conducting the Resolution on total division of the Board of members (multi-member limited liability company), of the owner (single-member limited liability company) or of the General Meeting of Shareholders (Joint stock company) of the transferor company The Resolution on total division must contain basic information including the transferor company’s name, headquarter addresses, names of transferee companies; rules, method, and procedures for asset division; employment plan; method, time limit, and procedures for transferring th...

Source: ehsdb.com Foreigners working and living in Vietnam are no longer uncommon in the integration process, extensive development on the international market. However, to be working in Vietnam, foreign workers must have a work permit (except for some special cases provided for in Article 7 of Decree 11/2016 / ND-CP). Therefore, today we find out the details of the procedure for granting work permits. Step 1. Ensure conditions for issuing the work permit Foreign workers must make sure to meet all the conditions as following: a. The worker is capable of civil acts as prescribed by law. b. The worker’s health is fit for working. c. The worker is a manager, chief executive officer, expert or technician. d. The worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law. e. The employment of the foreign worker is approved in writing by a state competent authority. Step 2: Prepare recor...

Registration of marriages with foreigners is probably not a new concept to many Vietnamese and more popular when our country is in the process of integration, broad-based development on the international market. Recently, a number of policies related to the registration of marriages with foreigners shall change, with the main objective is to facilitate the foreigners to do business, live, marry and learn ... in Vietnam , such as the registration of the marriage is no longer to be carried out at the Department of Justice but at the district-level People’s Committee . Thus, marriage registration procedures for foreigners under the new regulation is implemented as follows:   Note: Guidance procedures outlined below applies to the registration of marriages between: - Vietnam ese citizen and foreigner. - Resident Vietnamese citizen and Vietnam ese citizen residing abroad. - Vietnam ese citizens residing abroad together. - Vietnam ese citizen also has...

Launched in 2009 in the US, Uber officially appeared first time in San Francisco in 2010. Uber help people in need look for or accompany a driver to route in which they share the cost of travel. Image source: Baochinhphu.vn Uber taxi shall be considered as a commercial activity due to having the common features of commercial activity: 1) The participation of traders – Uber firm . 2) Activities for purposes of profit. Company Uber aims to profit from the carrier on each driver on their connected transactions with customer according to agreement , the transport er aims to profit from freight trip. 3) To carry out an independent, permanent occupation. 4) Providing a stable source of income for traders. However, the operation of the vehicle is made by the trader not by the owner , only owns technological applications calling for car parts not manage them . Thereby, there are two main points: The first point that Uber Taxi operations are intermediary...

Image source: exactdrive.com To meet the needs of establishing business in international economic integration as today, I want to share with readers about all conditions necessary to establish the enterprise: First ly , about conditions of entity establishing business: According to regulations, organizations and individuals have the right to establish and manage enterprises in Vietnam as prescribed, unless otherwise specified in Clause 2, Article 18 of the Law on Enterprises 2014. Second ly , about the choice of business sector : The owner may operate in the industries and sectors that are not prohibited by law. For these business sector subjecting to conditions, enterprise s must meet the conditions stipulated by the Law on Enterprises and relevant laws. Thirdly, the conditions of enterprise’ s charter capital and legal capital: Charter capital c an be understood as capital contributed or pledged by members or shareholders to contribute capital and r...

Image source: vnurture.in Vietnam enterprises shall be founded on the provisions of the Enterprise Law 2014, which has four specific business type and every type has specified structure and different way s to operate : Joint Stock Company ( JSC ) , Limited Liability Company, P artnership and S ole Proprietorships. This article wants to put these kind s of enterprises of Vietnam next to Singapore, a developed country, to more complete law on enterprise . Source law governing the types of businesses in Singapore are: Partnership Act 1980 and the Companies Act, Business Registration Act, Security Act. According to legal documents on the Singapore , those shall offer the following types of business: - S ole Proprietorships - Partnerships - Company You c an see the type of enterprise in Vietnam and Singapore are quite similar, so let us find out how different they are: 1) S ole Proprietorships : In essence, sole proprietorship in the Vietnam and Singapore is ...