PIERCING THE CORPORATE VEIL IN GROUPS OF COMPANIES: LEGAL DOCTRINE AND JUDICIAL PRACTICE UNDER VIETNAMESE LAW AND COMPARATIVE JURISPRUDENCE

1. Summary of Legal Issues and Practical Implementation The fundamental principle of corporate personality and limited liability shields shareholders and parent corporations from the independent debts and obligations of their subsidiaries. However, in corporate groups (holding-subsidiary structures), dominant entities frequently exploit this corporate separation to evade contractual liabilities, conceal environmental or labor obligations, or siphon […]

LEGAL MECHANISMS FOR PROTECTING MINORITY SHAREHOLDERS IN CROSS-BORDER JOINT VENTURES UNDER VIETNAMESE LAW AND INTERNATIONAL BEST PRACTICES

1. Summary of Legal Issues and Practical Implementation In cross-border joint ventures (JVs), foreign or domestic majority investors often hold dominant equity and operational control, exposing minority equity holders to substantial risks of corporate oppression, information asymmetry, and capital expropriation. 2. Core Applicable Legal Provisions 3. Legal Consequences and Sanctions 4. Legal Commentary and Evaluation […]

APPLICATION OF THE FAIR AND EQUITABLE TREATMENT (FET) STANDARD AND NATIONAL SECURITY SCREENING IN FOREIGN DIRECT INVESTMENT

1. Summary of Legal Issues and Practical Implementation The balance between host-state regulatory autonomy (particularly regarding national defense, security, and public health) and the legitimate expectations of foreign investors under International Investment Agreements (IIAs) presents complex jurisdictional challenges. 2. Core Applicable Legal Provisions 3. Legal Consequences and Sanctions 4. Legal Commentary and Evaluation 5. Conclusion […]

Customer Fails to Pay for Goods: Should the Business Sue in Court or Refer the Dispute to Arbitration?

Outstanding debts, late payments, or deliberate failure to perform financial obligations under contracts for the sale of goods are common commercial risks. When negotiation and internal settlement efforts fail, a business may have no choice but to bring the matter before a competent dispute resolution body to recover the outstanding debt. However, a key question […]

Industrial Clusters in 2026: Establishment Conditions and Key Changes Businesses Need to Know

The legal framework governing the management and development of industrial clusters (ICs) has undergone significant changes. In addition to the framework established under Decree No. 32/2024/ND-CP, the Government has recently issued Decree No. 303/2026/ND-CP, officially effective from 15 September 2026, introducing a number of significant amendments aimed at addressing infrastructure bottlenecks and promoting investment in […]

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