Luat Viet

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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

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.

Mr. Le Minh Phieu obtained Ph.D in Law from Montesquieu University, Bordeaux IV, France. His research focuses on international trade and investment law, international trade institutions such as WTO and ASEAN, corporate governance and international contracts.

Dr. Phieu has worked in several law firms, including LuatViet in 2007, and advised for a high number of transnational companies. He has acted as an excellent adviser for foreign-based groups in their transactions with Vietnamese partners. He has assisted foreign companies in acquiring enterprises in Vietnam, lending two aircrafts to the Vietnamese partner, borrowing the loan and using a vessel as collateral for financial transactions. Dr. Phieu engaged also in defending a bank from paying an amount of 150 million dollars under a guarantee agreement.

Mr. Tran Duy Canh, Managing Partner of LuatViet, said that: “Dr. Phieu’s joining back LuatViet, together with his valuable experiences and knowledge accumulated during the time of studying and working abroad, has infused new energy into our powerful team of attorneys. I warmly welcome Dr. Phieu and trust he will further contribute to the growth of LuatViet, especially in the field of international law consultancy”.

His practice focuses on Investment, Commercial, M&A, Corporate, Real Estate, Energy and Oil & Gas, Banking and Finance.

At LuatViet, Dr. Phieu will lead International Trade group.