- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
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- https://hmplaw.vn/
Insights
The Law on Enterprises 2020 allows limited liability companies (LLCs) and joint stock companies (JSCs) to have one or more legal representatives. This is a point of progress, helping businesses to be more flexible in management and administration. In addition, the law also requires enterprises to always have at least one legal representative residing in Vietnam. This is to ensure that at all times, businesses have an authorized person to represent them in legal transactions and procedures in Vietnam. However, when the law has more than one representative, many legal issues arise, causing a lot of confusion in the management and operation of the business, and even disputes between representatives. Within the scope of this article, the author will if problems arise and propose some solutions so that businesses can solve their problems.
The amended Law on Pharmacy in 2024 was approved on November 21, 2024 and takes effect from July 1, 2025, together with the Government's Decree 163/2025/ND-CP dated June 29, 2025 guiding the implementation of the Law on Pharmacy, which has introduced new regulations on drug advertising. In this article, we will clarify these new points and propose some compliance recommendations for pharmaceutical enterprises in drug advertising activities.
The Government's Decree No. 75/2019/ND-CP dated September 26, 2019 on sanctioning administrative violations in the field of competition (Decree 75) is an important legal document, aiming to strengthen the effectiveness of competition law enforcement, protect a healthy business environment and promote the sustainable development of the socialist-oriented market economy. This Decree replaces Decree 185/2013/ND-CP, supplements and details the provisions of the Competition Law 2018, focusing on violations such as abuse of market dominant positions, agreements to restrict competition, unfair competition and other acts affecting the competition order.
Recently, the Government has issued Decree 221/2025/ND-CP regulating visa exemption procedures for foreigners who are in need of special incentives to serve the goals of foreign affairs and socio-economic development, effective from August 15, 2025 ("Decree 221/2025/ND-CP"). Subsequently, the Ministry of Public Security recently issued Decision No. 7134/QD-BCA-QLXNC dated August 18, 2025 ("Decision No. 7134") detailing the order and procedures for issuing special visa exemption cards to foreigners according to Decree No. 221/2025/ND-CP. This article will provide detailed instructions on the order and procedures when applying for a special visa exemption card for foreigners according to the new regulations.
Multinational corporations (MNCs), especially micro-MNCs in Southeast Asia (ASEAN), are increasingly relying on the transfer of personal data between internal offices to support centralized business functions such as finance, human resources, etc research and development (R&D), or customer service. However, cross-border transfers of personal data are subject to strict data protection regulations in the countries concerned, which can vary significantly. This article will analyze the essential elements that multinational enterprises should include in the Group Internal Agreement when transferring personal data between offices in multiple countries, and clarify the role of this agreement in the context of ASEAN.
A non-compete agreement is a legal tool used by businesses to protect business interests, such as trade secrets, customer lists, or competitive advantages. However, if not properly designed, this agreement may infringe on the right to freedom of labor, leading to legal disputes. In Vietnam, disputes related to non-compete agreements are increasing, but the current legal framework does not have specific regulations, causing a lack of consistency in application and enforcement.
Wishing to arouse the potential of businesses, support Vietnam's small and medium-sized enterprises to stabilize and develop in an increasingly fierce competitive environment, the National Assembly has promulgated the Law on Corporate Income Tax No. 67/2025/QH15 which will take effect from October 1, 2025, bringing a lot of benefits to businesses in the coming time with the aim of promoting development development of the private sector.
In the course of business, if the land use rights or land-attached assets are being mortgaged at the bank, the enterprise will be restricted when transacting these assets. To remove, enterprises need to carry out mortgage deregistration procedures when they meet the statutory conditions.
Vietnam's education system is increasingly witnessing the diversity of types of private educational institutions with different sizes and ways of operation. This development comes with a stricter requirement to comply with legal conditions in order to remain operational. Practice shows that when these conditions are ignored or not fully met, the legal consequences can be very serious, such as the case of the American International School Vietnam ("AISVN").
Singapore, Hong Kong, New York and London are the top four international financial centres, each of which has developed trade and financial dispute resolution mechanisms to meet the needs of the global financial community. These mechanisms include specialized courts, international commercial arbitration, and alternative dispute resolution (ADR) methods. Each center has its own characteristics, reflecting its history, legal system, and role in the global financial markets. Vietnam is in the process of building its own international financial center (Vietnam IFC) and the experience of dispute resolution of these financial centers will be a valuable lesson for Vietnam to build an effective settlement mechanism for Vietnam IFC in the coming time.
Mergers and acquisitions (M&A) transactions are increasingly becoming important tools for businesses to scale, optimize resources and strengthen their competitive position. However, not every deal goes smoothly to the destination, with countless risks ranging from failed negotiations, strategic changes to regulatory interventions. In order to mitigate these risks, the parties often include cancellation clauses in the purchase and sale contract between the parties to ensure that the transaction goes smoothly and minimize the risks and investments in the transaction.
The information disclosure of public companies in Vietnam shall comply with the provisions of Circular No. 96/2020/TT-BTC guiding the disclosure of information on the stock market dated November 16, 2020 of the Ministry of Finance . A legally effective judgment or decision of the Court is also a type of information that enterprises are required to disclose according to regulations. However, the reality shows that listed enterprises have different ways of understanding and applying this regulation, leading to inconsistency in the way of information disclosure.
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