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 welcomes new lawyers to join the firm.

To better serve the clients’ needs, LuatViet has warmly welcomed two new members, Dinh Quang Hao and Pham Thuy Tuong Vi, joining our dynamic team recently.

Lawyer Dinh Quang Hao mainly practices in the areas of investment, tax, intellectual property and litigation in courts and arbitration bodies. He has obtained the Intellectual Property Certificate and Tax Certificate and currently is a member of the HCM City Bar Association. With the accumulated professional knowledge and experience in his legal practice after many years working for local and international law firms, Mr. Hao is confident that he will advise and offer the optimal dispute resolution approach to every case, particularly in the IP and tax areas.

Miss Pham Thuy Tuong Vi is a member of the HCM City Bar Association. She specializes in investment, corporate, commerce and real estate. Thanks to her extensive legal knowledge and experience through many years practicing as an associate, Miss Tuong Vi can promptly assist clients in handling problems arising in their business operations, thus bringing full satisfaction to each client.

“With the world economy gradually recovering, we are receiving a high demand from clients for our legal services. Therefore, the addition of these two new members to LuatViet would greatly benefit both local and foreign clients due to their practical experience and solid legal knowledge in the areas of investment, tax, intellectual property, commerce and real estate”, said Mr. Tran Duy Canh, the Managing Partner of LuatViet.