The charter capital of a joint stock company constitutes a fundamental legal basis for determining the company’s financial liability, shareholders’ ownership ratios, and the corresponding rights and obligations. An increase in charter capital is a material corporate action that gives rise to amendments to the company’s charter, changes in capital structure, and potential impacts on […]
1. Conditions for Public Offering of Shares in Vietnam Under Article 36 of Decree No. 155/2020/ND-CP, enterprises established and operating under foreign laws must satisfy the following conditions to conduct a public offering of securities in Vietnam: Accordingly, foreign enterprises seeking to offer shares to the public in Vietnam must fully comply with the above […]
Legal Risks of Disguised Material Markup Schemes: When “Free” Entry leads to Operational Insolvency In the current economic climate, the “Zero-Fee Franchise” model (Nhượng quyền 0 đồng) has emerged as a popular strategy to attract small-scale investors. Under this scheme, the Franchisor waives the Initial Franchise Fee and ongoing Royalty Fees. However, the monetization model […]
Legal Enforceability and the Conflict between “Right to Work” vs. “Freedom of Contract” In the context of an increasingly competitive labor market, Non-Compete Agreements (NCAs) have become a standard instrument for corporations to protect their trade secrets and market position. However, the enforceability of such agreements within the Vietnamese jurisdiction remains a contentious legal issue, […]
Practical Impacts on Major FDI Enterprises in Vietnam and Alternative Investment Support Policies From January 1, 2024, Vietnam officially implemented the Global Minimum Tax (GMT) framework pursuant to Resolution No. 107/2023/QH15. This represents a fundamental shift in the country’s Foreign Direct Investment (FDI) attraction strategy, effectively ending the era of tax-incentive-based competition. The following analysis […]
(Contract Negotiation and Financial Obligations Phase) Having mastered the market entry procedures, the enterprise enters the pivotal phase: Negotiating the Franchise Agreement and managing cash flow. This lesson analyzes the three legal pillars that directly affect the rights and financial health of the business: Information Transparency, IP Assets, and Foreign Contractor Tax. 1. The “15-Day” […]