Luat Viet

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“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

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.

"We are delighted to introduce our new partner, Ms. Tran Thi Ngoc Linh, a talented, intelligent and experienced lawyer who will continue to meet the diversified needs of our clients”, commented Tran Duy Canh, Managing Partner of LuatViet. He added, “The election of new partner reflects our commitments to continuously building up and developing our team of attorneys, creating a solid platform to further assist our clients with the challenges they are facing in the current economic environment”.

Ms. Tran Thi Ngoc Linh has more than 10 years of legal experience, and her practice focuses on investment, corporate and commercial matters, intellectual property, merger and acquisition, international commercial disputes.

She received the Bachelor of Laws (LL.B) in Vietnam and the Master of Laws (LL.M) in Japan, and also obtained the Master of Business Admninistration from the University of Southern California. She is a member of the Hanoi Bar Association.

The election of the new partner is effective from 1 December 2011.