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 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

LuatViet welcomes new lawyers to join the firm.

To better serve the clients’ needs, LuatViet has warmly welcomed two new members, Dinh Quang Hao and Pham Thuy Tuong Vi, joining our dynamic team recently. Read more

LuatViet published The Legal Guide for Doing Business in Vietnam

LuatViet published a book titled “A Legal Guide for Doing Business in Vietnam” on 22 October 2009. The book provides an overview on Vietnam investment law in the context of the country’s integration into the world economy. Read more

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

Newsletter

Search

question and answer

Our Firm News

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

LuatViet announces the election of New Partner in HCMC Office

LuatViet welcomes new lawyers to join the firm.

LuatViet published The Legal Guide for Doing Business in Vietnam

LEGAL NEWS

Interest rates regulation for re-lending of state oda

New regulations on the registration of secured transactions

Reduce in transaction’s requirements, procedures at hanoi stock exchange

Retailing electricity exceeding regulated price to be fined up to 15 millions dongs