Luat Viet

Advocates & Solicitors

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

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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?

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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

Dr. Le Minh Phieu joining back Luatviet

Ho Chi Minh City, 15 November 2011. LuatViet is delighted to inform that Dr. Le Minh Phieu has just come back to our firm and practised as a Senior Counsel. 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

LEGAL NEWS

Initial prices in auctions of land use right

On 16 March 2012, the Ministry of Finance issued Circular no. 48/2012/TT-BTC guiding the determination of initial prices in auctions of land use right to lease land or allocate land with land use fees. Read more

How to determine business line codes subject to a 30% reduction of corporate income tax

In order to respond to queries of taxation departments and enterprises, the General Department of Taxation issued the official document no. 1035/TCT-CS on 23 March 2012 on determining business line codes subject to a 30% reduction... Read more

Deferral of 2011 corporate income tax

To continue its assistance to labour-intensive enterprises, small and medium-sized enterprises, as well as to reduce difficulties in 2011, the Ministry of Finance has recently promulgated the Circular no. 42/2012/TT-BTC providing guidance for deferral of corporate income tax (CIT) Read more

Strictly handling violations regarding protection of consumers

Beginning 1 May 2012, infringements upon consumer rights will be strictly handled in compliance with the Decree no. 19/2012/ND-CP recently issued by the Government and regulating administrative sanctions in the field of consumer right protection. Read more