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 in its ever growing practice acquires three Attorneys, and two new Business Developers

LuatViet has continued to grow rapidly ever since its conception due to its increasing demands by clients internationally and professionally. To fulfill its commitment in bringing better services to international clients and to meet the needs for international lawyers, LuatViet has added two partners, an associate and two Business Development Managers, all with diverse foreign backgrounds.

The first of these partners is Trinh Nguyen. She is a first class caliber attorney with her foundation beginning with her Bachelors of Law in Ho Chi Minh City (1996), then increasing her prowess by obtaining her Master of Law from Queensland University (2003) and pursuing requisite study for admission as a solicitor in Australia. Trinh is admitted to practice law both in Victoria, Australia and in Vietnam.

She has unparalleled hands on experience of the Vietnamese legal landscape and understands the practical side of the law through her years at a number of different firms such as Freehills (Vietnam), Phillips Fox (Vietnam), and HopGood Ganim (Australia). At her time at these firms she has constantly dealt with Vietnamese foreign investment and corporate law, and knows how to use the laws to the clients benefit. At LuatViet, apart from the above practice, Trinh assists clients in contractual issues and has opportunities to develop expertise in the area of her interests- drafting construction, engineering contract and advice clients on related construction issues. Trinh will surely be a great asset of LuatViet for years to come.

Huck Nguyen, the other new partner to join the LuatViet team, comes from the United States with experience in many legal disciplines. He has received an LLM in admiralty law from Tulane University after being received his Juris Doctorate from the highly respected Thurgood Marshall School of Law in Texas, the USA. Huck is admitted to practice in both the state of Texas and the United States District Court for the Southern District of Texas. Huck’s legal knowledge truly runs the gambit, however, it is his time at Broemer & Associates where he was heavily invested in corporate litigation, and dealt with large corporate clients such as Great West Life Insurance, that will surely be of enormous advantage for this firm. Huck handled a number of high exposure cases, with authority, class, as well as success, and intends to bring this level of performance to LuatViet and its clients.

Although Tien Nguyen joins LuatViet as a recent graduate of University of San Francisco School of Law (2005), nevertheless, he comes with a fire and energy that inspires a hope of great things to come. Even though he is new, with clients such as Mearsk Sealand and experience litigating in front of Administrative Law Courts under his belt, he is not foreign to the rigors of practicing law. His educational background emphasizes international business transactions and issues of foreign taxation. Surely Tien will develop into a fine and talented attorney for LuatViet.

Michel received a Bachelor in Business Administration (B.B.A) in 1999, major in marketing and economics, and a Master of Science in Business Administration (M.Sc.) in 2005, major in international management, both from HEC Montreal School of Management. His thesis explores the role of social networks as information channels for multinationals established in Ho Chi Minh City, Vietnam. Michel has accumulated several years of experience in marketing, account management, customer service and project management in three industries: marketing agencies, banking and IT. LuatViet is ever expanding and will increasingly need the services of Michel to show prospective clients the quality of products and services that can be provided by LuatViet in this global community.

Next to join LuatViet is Susumu Sato a very distinguished gentleman, with incredible skills and a background to match. Both while receiving his Bachelors of Art in International Business from Daitobunka University (Japan) and his Masters of Law from Aichi University Graduate School (Japan) he had an emphasis in Vietnamese economics and international relations. Along with his native language he speaks fluently in both Vietnamese and English. This educational framework only provides a small foundation for his qualifications as a Business Developer. He’s worked as a general manager of a international Company so he know what it takes to truly present oneself to the international community. Furthermore, being based in Hanoi where he once studied Vietnamese at Hanoi University as a PhD candidate in politics, Susumu feels comfortable with the environment and ready to promote what LuatViet has to offer.

LuatViet once again extends a warm word of welcome to all our new colleagues, and is excited about the opportunities and success they shall bring to our firm.

LuatViet