Luat Viet

Advocates & Solicitors

“I don't need lawyers who win at all costs, I really need them to win, but calculate the costs.”

SUBCRIBE NEWSLETTER

Search

question and answer

Question :: I am a member of the Supervisory Commission (the Commission) of a public company which is unlisted and termed from 2007 to 2010. Until now, my term is still valid. In 2009, I was [not] invited to attend any meeting of the company’s Commission. Recently, I also did not attend the Commission’s meeting to produce the Commission’s Report for submission to the General Shareholder’s Meeting (the Meeting) year 2010 on April 9. I was informed that this Commission’s Report was built by the Commissions’ Director (the another member of the Commission also did not attend). I would like to ask you whether the operation of the Commission like that is legal or not? Is the Report mentioned above legal? What should I do to comply with the rights, duties and obligations of a Commission’s member?
Question :: I am a president of the Management Board (“the Board”) of a public company. As per regulations, the term of the Board, Supervisory Commission (“the Commission”) is five (5) years. Therefore, the first term of the Board, Commission is due on November 2010. However, in order to facilitate the voting of the Board, the Commission in the second term, the Board would like to submit the General Shareholder’s Meeting (“the Meeting”) with the latest on April 19, 2010 for renewal of the first term of the Board, the Commission until April 2011. So, the question is that is the renewal true or not? If the shareholders are not taken opinions directly at the Meeting, can the Board collect opinions indirectly from shareholders in writing? If the Meeting does not pass the renewal, how can the voting of the Board, the Commission be taken in compliance with laws?
Question :: Our company registers shares at the Securities Depository Central (SDC), but cannot deposit, of which my 10.000 shares. So, can I transfer directly 2.000 shares to my brother and compliment 2.000 shares to my wife?

Hit counter

Users online

Page loadtime

Our Firm News

LuatViet welcoming new lawyer

LuatViet warmly welcomes Ms. Le Thi Canh Uyen, a lawyer having profound experience and excelling in multiple fields, particularly commerce and investment, who has recently joined our professional team. Read more

A senior associate making partner

Ho Chi Minh City, 15 November 2011 It is our pleasure to announce the election of a new partner, Tran Thi Ngoc Linh, in our Hanoi-based office. Read more

LuatViet Advocates & Solicitors was awarded the “Law Firm of the year 2009”

On 4th May 2010, at Daewoo Hotel in Ha Noi, LuatViet Advocates & Solicitors was awarded the “Law Firm of the year 2009” by Vietnam Legal Newspaper in co-operation with Ministry of Justice, Vietnam Bar Federation, and Vietnam Lawyers Association. Read more

LuatViet announces the election of New Partner in HCMC Office

HCM City, Vietnam, 31 December 2009. LuatViet is proud to announce the election of new partner, Nguyen Thi Minh Huyen, in our HCMC-based office. Read more

LEGAL NEWS

List of other legal documents

1. Decree No. 25/2013/ND-CP dated 29 March 2013 of the Government on environmental protection charges for waste water; Read more

New regulation on management, use and depreciation of fixed assets

On 25 April 2013, the Ministry of Finance issued Circular No. 45/2013/TT-BTC guiding the management, use and depreciation of fixed assets. Read more

Management and use of official development assistance (ODA) capital and concessional loans

On 23 April 2013, the Government issued Decree No. 38/2013/ND-CP on management and use of official development assistance (ODA) capital and concessional loans of donors. Read more

New regulation on the activities of purchase and sale of goods of enterprises with foreign owned capital

The Ministry of Industry and Trade promulgated Circular 08/2013/TT-BCT dated 22 April 2013 stipulating in detail the activities of purchase and sale of goods and other activities directly related to purchase and sale of goods of foreign invested enterprises in Vietnam, specifically as follows: Read more