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

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.

"We are delighted to be introducing to our partnership talented, successful, pragmatic and senior lawyer who will continue to meet the dedicated needs of our clients in the country. Ms. Minh Huyen has demonstrated exceptional commitment and dedication both to clients and to our firm”, commented Tran Duy Canh, Managing Partner of LuatViet. He added, “The new partner appointment reflects the continued growth of our practice, providing us with a solid platform to support our clients with the challenges they are facing in the current economic environment”.

Commenting on the new partner appointment, Le Hong Phuc, Partner of Hanoi office, said, “Even during these challenging times, investing in our people and promoting talent remains a priority for LuatViet”. “Minh Huyen is among our brightest lawyers, and I am delighted to welcome her to the partnership. We believe that in her new role she will further contribute to developing our top-rated litigation practice in the country", said Tran Phuong Bac, our partner.

Ms Minh Huyen has practiced at LuatViet for years. Her practice focuses on litigation, both at the arbitration and the court of laws. She also regularly advises on related corporate and commercial matters, real estate and construction. She is admitted as an attorney of HCMC Bar Association.

The election of the new partner is effective from 1 January 2010.