Insights

Insights

Problems in the recovery of ESOP shares of public companies

Vinhome Joint Stock Company acquired 370 million treasury shares with an expected value of nearly VND 13,000 billion and yes 1 Group Joint Stock Company acquired 827,650 ESOP (Employee Stock Ownership Plan) shares of employees with a value of more than VND 8 billion, applying the same legal framework on the repurchase of treasury shares, showing major inadequacies in the repurchase regulations ESOP stocks in practice. Public company treasury share buybacks, which are designed for large-scale strategic transactions, have become cumbersome and inflexible when applied to small, sporadic share buybacks from employees.

Legal Guidelines: Compliance with Personal Data Protection Law in Vietnam for Businesses

The publication "Legal Guidelines: Compliance with Personal Data Protection Law in Vietnam for Businesses" was compiled by HM&P Law Firm ("HM&P") to accompany the business community in the process of approaching, correctly understanding and effectively applying current legal regulations. With comprehensive, practical and up-to-date content, the publication not only analyzes the domestic legal framework but also puts it in relation to international experiences from Europe, the United States, and Singapore – regions that have built a developed data protection legal system early on.

Targeted advertising and the problem of protecting personal data: A legal perspective

Targeted advertising campaigns have become the main tool of businesses in reaching consumers today. From searching for a car, buying a book, or simply stopping for a few seconds in front of a video on social media, the hidden data system then silently records, analyzes, and "personalizes" the next ad that appears on your screen. That's the power of data, but it's also the source of new legal risks, security risks, and personal privacy risks.

Positive indicators of M&A activities in Vietnam from the 2024 Report on Economic Concentration Control of the National People's Committee

The global economy is gradually stabilizing after fluctuations from inflation, high interest rates and geopolitical factors, mergers and acquisitions (M&A) activities in Vietnam have shown encouraging signs of recovery. The report "Control of Economic Concentration 2024" recently published by the National Competition Commission ( NPC) ("Report") has provided a comprehensive view of this market. As the state regulatory body for competition, the National Competition Commission not only supervises but also promotes a healthy M&A environment, ensuring compliance with the law and the competitive environment in Vietnam.

Legal procedures for investment in industrial parks in Vietnam

The industrial park model is formed and developed in association with the context and requirements of the periods of implementation of the economic development strategy. According to a report by the Department of Management of Economic Zones, Ministry of Planning and Investment (now the Ministry of Finance), as of July 2024, Vietnam has 301 industrial parks ("IPs") that have been put into operation, attracting a large amount of investment capital, especially capital inflows from foreign direct investors.

For the legal profession in Vietnam to develop to its full potential

As a practical legal practitioner who has witnessed the development of the Vietnamese legal profession over the past 15 years, it is possible to make a subjective assessment that the legal profession in Vietnam has not yet developed commensurate with its potential. And what is the reason for this slow development, especially the development in depth and number of lawyers and professional law firms? Indeed, this question leaves the writer with a lot of thought.

Low service pricing cannot be a good strategy for a professional law firm

In the legal industry, where credibility, quality, and trust play a core role, service pricing is an important strategic factor that directly affects the sustainable development of a law firm. Many law firms, especially those that are just starting up or looking to compete in the market, are often "tempted" by a low-pricing strategy to attract clients. However, the "law of proportionality" to achieve balance or fairness is something that many law firms overlook when pricing their services.

Governance and operation models of the world's leading law firms: Intertwined between tradition and innovation

The international term "Big Law" refers to the largest law firms in the world, which is determined through one through total revenue, number of lawyers, and the scope of offices operated (number of offices). One of the standard measures in the legal community for identifying top law firms is American Lawyer Magazine's annual Am Law 100 list, which is considered the legal industry's equivalent of the Fortune 500.

Redefining the scope of "Law Practice" from the Lola vs. Skadden lawsuit and experience for Vietnam

Technology, especially artificial intelligence (AI), is rapidly changing the way many professions operate, and the law industry is not out of that spiral. The Lola case v. Skadden, Arps, Slate, Meagher & Flom LLP (Skaden), a U.S.-based law firm, marked an important turning point in redefining the concept of "practicing law," as the Second Circuit Court of Appeals ruled that tasks that can be performed entirely by machines are not considered practicing law. This ruling not only challenges the legal profession's monopoly in the United States, but also raises questions about how other countries, including Vietnam, should regulate the practice of law in the age of technology.

Application of regulations on circumstances of fundamental change in share purchase and sale contracts in Vietnam: Practical application and some notes

The Material Adverse Change Clause (MAC) in Mergers and Acquisitions (M&A) contracts serves as a mechanism to protect parties, especially the buyer, from material adverse changes that could reduce the value of an M&A. This is a regulation that is often used by parties involved in M&A transactions, especially transactions where one party is a foreign investor/organization. However, in case the parties to the transaction are entirely Vietnamese individuals and organizations and the contract does not contain this MAC clause, do the parties have the right to request the Court to settle when there are unfavorable changes for one party? The Cassation Decision No. 13/2024/KDTM-GDT of the Supreme People's Court (SPC) dated June 11, 2024 (Decision No. 13) has almost answeredthis question and at the same time provided an important perspective on how Vietnamese courts refer to and apply the law when the M&A contract between the parties does not exist a MAC clause.

The impact of the Law on Advertising amending and supplementing 2025 on the marketing activities of enterprises

Advertising and marketing activities of enterprises in Vietnam are facing a profound legal transformation, stipulated by Law No. 75/2025/QH15 of the National Assembly amending and supplementing a number of articles of the Advertising Law 2012 (Advertising Law amended 2025). This document is issued with the aim of modernizing the legal framework, which was established from the previous Advertising Law, to accommodate the explosive development of advertising in the online environment and forms of marketing through influencers (influencers, KOL/KOC). The amended Advertising Law 2025 will officially take effect from January 1, 2026.

When the "giant" of the pharmaceutical industry targets a specialized niche and lessons for Vietnamese pharmaceutical enterprises

In the context of the global pharmaceutical industry restructuring after the pandemic and entering a period of outstanding biotechnology development, mergers and acquisitions (M&A) have become a strategic tool for large pharmaceutical corporations to expand their product portfolios. access to new technologies and accelerate market share. One of the notable deals in Q1 2025 is the acquisition of Checkpoint Therapeutics Inc. (USA), a pioneer in immunotherapy for skin cancer.