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 participated in the VnTPO 2009

The largest International Conferences & Exhibitions focusing on real estate investment held 21-22 October 2009 (VnTPO 2009) is one of the most eagerly awaited events in 2009, drawing numerous local & international investors, project owners and specialists, Government leaders and more than 500 real estate projects. Mr. Tran Duy Canh, Managing Partner of LuatViet Advocates & Solicitors, and one of the founders of Vietnam Tourism Property Association, an organizer of VnTPO 2009, participated in this event and acted as a moderator of panel discussions. Under Mr. Tran Duy Canh’s direction, the discussions on real estate development in Northern provinces & Mekong areas, particularly a current hot topic in Vietnam, Casino business, created an exciting atmosphere and provided necessary and valuable information to the participating guests.

VnTPO 2009 is regarded the largest forum for real estate managers and investors in Vietnam.