Publications

HM&P Law Firm
Publications
Concurrent jurisdiction of courts and arbitration in the application of interim measures: regulations and recommendations

Concurrent jurisdiction of courts and arbitration in the application of interim measures: regulations and recommendations

During the arbitration proceedings, the request for interim measures by the dispute resolution body is an option that the parties may use if necessary. Although this request does not significantly affect the arbitral proceedings and the proceedings continue as usual, the question arises as to whether the jurisdiction of the court limits the jurisdiction of the arbitral tribunal when both dispute resolution mechanisms have concurrent jurisdiction to resolve the party's request for interim measures. This article will focus on the concurrent jurisdiction of courts and arbitration in the application of interim measure.
To avoid risks in the process of company mergers?

To avoid risks in the process of company mergers?

In business, merging one company with another has become a common strategy to increase market share and competitiveness. However, for companies involved in litigation, a merger is not only a basic business registration procedure, but also poses potential legal risks in litigation, leading to the possibility of a judgment being set aside. This article provides an overview of the litigation risks associated with mergers and the steps companies should take to avoid them.
Procedure for terminating the operation of a foreign trader

Procedure for terminating the operation of a foreign trader's representative office in Vietnam

In this article, HM&P will provide some key points of the procedure for terminating the operation of a foreign trader's representative office in Vietnam
Challenges faced by financial companies in complying with personal data protection regulations

Challenges faced by financial companies in complying with personal data protection regulations

In the digital age, securities companies and investment funds must handle vast amounts of personal data, including sensitive information such as bank account numbers and transaction history. Decree No. 13/2023/ND-CP on personal data protection ("Decree 13") imposes strict rules on data collection, analysis, and sharing to protect users' rights.
 Conditions for the share transfer contract to take effect: perspective from The Court and practice

Conditions for the share transfer contract to take effect: perspective from The Court and practice

One issue the parties must also pay attention to is whether share transfer contracts signed before receiving approval from the competent authority take effect in accordance with the law? In this article, we will express some perspectives from multiple angles to clarify this issue.
To comprehend the essence of dividing and splitting enterprises

To comprehend the essence of dividing and splitting enterprises

In the modern economy, restructuring, or in other words, reorganizing businesses through division or separation, has become a crucial strategy for businesses to adjust their scale and optimize operations. However, many businesses still misunderstand these two procedures, leading to decisions that do not align with their business strategies.
Enterprises

Enterprises's confusions and mistakes in the process of developing internal labor regulations

Internal labor regulations are an important document in the operation of an enterprise, clearly stipulating the rights and obligations of employees and employers (“enterprises”). However, in the process of developing these regulations, many enterprises remain confused or make regrettable mistakes that affect their own operations or even lead to unnecessary labor disputes.
Is arbitration the optimal solution?

Is arbitration the optimal solution?

The current trend is for an increasing number of companies to choose arbitration as an alternative method of dispute resolution to litigation. Arbitration has become the preferred choice of many companies because of its speed, confidentiality and efficiency. However, not all cases should be resolved through arbitration, and in some cases arbitration may not be the best option
State management and support for the law profession: requirements for substantive and practical regulations

State management and support for the law profession: requirements for substantive and practical regulations

In this paper will address the current management regulations, proposals to supplement the responsibilities of state agencies, as well as the limitations and challenges faced by the legal profession
Enterprise registration and management of enterprise information: practice and proposed solutions for improvement

Enterprise registration and management of enterprise information: practice and proposed solutions for improvement

This article will address practical issues in enterprise registration and information management and offer some proposals for enhancing the quality of these activities in Vietnam.
Is typhoon Yagi considered a force majeure event for companies?

Is typhoon Yagi considered a force majeure event for companies?

The recent Typhoon No. 3 (Typhoon Yagi) has caused significant damage in the northern provinces of Vietnam, disrupting trade and business activities. In this article, Mr. Nguyen Van Phuc, Managing Partner of HM&P, shares specific information about this issue.
Some problems in practice of investment and business registration in Vietnam

Some problems in practice of investment and business registration in Vietnam

Mr. Nguyen Van Phuc, our Managing Partner gave a discourse focusing on analysis, evaluation of shortcomings and proposing solutions to further improve the legal framework, which will contribute to improve the efficiency of state management and create favorable conditions for investment and business activities of enterprises in Vietnam.