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

Mr. John Yue and Mr. Tran Duy Canh, the Attorneys-at-law of LuatViet, joined the Advoc 2009 Joint Conference.

Mr. John Yue and Mr. Tran Duy Canh, the Attorneys-at-law of LuatViet, joined the Advoc 2009 Joint Conference held in Beijing, China from 20th to 24th of May 2009, along with about 80 lawyers from member firms in more than 30 countries in Europe, Asia, North America, Latin America, and Africa. The event was hosted by JinCheng Tongda & Neal, one of the top 10 law firms in China.

Advoc is an international network of independent commercial law firms originated from Europe. The network provides the individual member firms the ability to deliver professional legal services to clients who require legal assistance across borders. The joint conference provided the member firms the opportunity to meet and exchange their professional insights with each other. In recent years Advoc has branched out into the United States, and Africa admitting new member firms each year.

For Advoc Asia chapter which covers the Asia Pacific region in which LuatViet is the exclusive member firm in Vietnam along with other member firms in Australia, China, India, Malaysia, New Zealand, Philippines, Singapore, Sri Lanka, Thailand, and United Arab Emirates, admitted during the joint conference a new member firm from South Korea. Advoc Asia will host its annual general meeting of the member firms in October 2009 in Manila, the Philippines.