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

New lawyers joinning LuatViet

We have just welcomed some new lawyers joining LuatViet to cater for the work requirement and new challenges in the context of the increase of our client numbers.

Mr. Nguyen Ngoc Toan

Among them is Mr. Nguyen Ngoc Toan, a member of the HCMC Bar Association and the HCMC Accounting Association. His practice areas mainly focus on finance, tax, banking, corporate law, construction, commerce and contract. After numerous years working for big corporations like Mitsui Construction Company Ltd., REE Corporation, BlueScope Buildings Vietnam, etc, Mr. Toan has gained valuable experiences in the finance, taxes and legal fields which enable him to provide professional legal advice to clients and assist clients in handling problems arising in their business operations. He has also been involved in the resolution of a variety of labor, commercial and construction disputes, thus Mr. Toan is confident that he will offer the best available dispute resolution approach to every case. And this addition really strengthens our legal team.

“Mr. Toan has brought to LuatViet valuable and practical experience and knowledge of law in providing clients with professional legal advice on financial transactions, M&A cases, construction and especially EPC-related matters. Our clients will greatly benefit from his joining LuatViet”, said Mr. Tran Duy Canh, the Managing Partner of LuatViet.