Private Share Placement in Vietnam

Ever since the stock exchange opened in the late 1990s, the procedures for private share placement in Vietnam have been divided between public companies and privately held companies. For publicly held companies the process has always been somewhat onerous in an effort to dissuade them from conducting private share placements. It has always, however, been [...]

By |2020-10-19T15:54:46+07:00October 19th, 2020|Corporate and commercial, Securities and Capital markets|Comments Off on Private Share Placement in Vietnam

Restructuring Debt in Vietnam

I'm excited. As of a couple of hours ago, Vietnam has gone over 40 hours without a new case of Covid-19. That means it took only a month for the country to effectively control a second outbreak of the virus. Here's to hoping the trend continues. But with that in mind, there is a lot [...]

By |2020-08-31T21:53:37+07:00September 1st, 2020|Dispute Resolution, Restructuring, Securities and Capital markets|Comments Off on Restructuring Debt in Vietnam

Protections for Whistleblowers in Vietnam

Recently, we prepared a long chapter on employment law issues in Vietnam. One of the questions we addressed involved legal protections for whistleblowers--employees or individuals who reported instances, specifically, of harassment in the workplace, but also of other legal violations committed by their employer. Vietnam's employment law does not provide for whistleblower protections and, except [...]

By |2020-07-30T10:11:53+07:00July 30th, 2020|Corporate and commercial, Employment, Securities and Capital markets|Comments Off on Protections for Whistleblowers in Vietnam

How to Make an Outward Investment as a Vietnamese Citizen

As we have just celebrated the 25th anniversary of diplomatic relations between the United States and Vietnam, I thought it would be a good opportunity to review the procedures and requirements for Vietnamese investors seeking to invest overseas. This is more complicated than one might expect—particularly in light of the need to obtain FOREX to [...]

By |2020-07-16T13:39:18+07:00July 16th, 2020|Corporate and commercial, Securities and Capital markets|Comments Off on How to Make an Outward Investment as a Vietnamese Citizen

Vietnam’s New Securities Law and Corporate Governance

Back in mid-2000s, the idea of a stock market to raise capital in Vietnam was new and exciting. The National Assembly approved the securities law and the government set out issuing regulations for companies seeking to list. While a stock exchange had existed in Ho Chi Minh City since 2000, the securities law wasn't issued [...]

By |2020-06-18T16:02:08+07:00June 18th, 2020|Corporate and commercial, Securities and Capital markets|Comments Off on Vietnam’s New Securities Law and Corporate Governance

Repatriating Investment Funds From Vietnam Part I: Foreign Indirect Investment

When a non-Vietnamese citizen wants to invest in Vietnam there are a few questions which come up at the very beginning. One of them--and I've worked on several informational memos about this--is how they repatriate their investment, and any profits, from Vietnam when they are finished with the investment. The answer to that question depends [...]

By |2020-06-11T15:06:08+07:00June 5th, 2020|Banking and Finance, Inward Investment, Securities and Capital markets|Comments Off on Repatriating Investment Funds From Vietnam Part I: Foreign Indirect Investment

How a Company Can Be Held Criminally Liable in Vietnam

Criminal liability accrues to a commercial legal person if the violating act was performed (1) in the name of the legal person, (2) for the benefit of the legal person, (3) under the direction, management or approval of the legal person, and (4) the relevant statute of limitations has not expired. Criminal prosecution of a [...]

By |2019-12-02T09:35:40+07:00December 2nd, 2019|Corporate and commercial, Dispute Resolution, Employment, Securities and Capital markets|Comments Off on How a Company Can Be Held Criminally Liable in Vietnam

Vietnam’s “Business Judgment Rule”

In the United States and, with some adaptation, in most common law countries, a member of the board of directors has a three-fold fiduciary duty to shareholders. First, he must show good faith in completing his responsibilities. The duty of good faith is a general presumption that the parties to a contract will deal with [...]

By |2019-11-18T13:07:14+07:00November 18th, 2019|Corporate and commercial, M&A, Securities and Capital markets|Comments Off on Vietnam’s “Business Judgment Rule”

Quorum Requirements in Vietnam

Quorums. I'm currently researching an instance in the Cherokee Nation, a Native-American tribe in the United States, where a question of the quorum requirement for the legislative branch created a constitutional crisis that put the entire Cherokee government into paralysis. When I was in-house counsel in Lao, we made some major changes without the minority [...]

By |2019-10-28T11:17:45+07:00October 28th, 2019|Corporate and commercial, M&A, Securities and Capital markets|Comments Off on Quorum Requirements in Vietnam

New Rules for Securities

Below is a summary of major changes contemplated in the securities law by the National Assembly. This is taken from a larger article that will be published later by our firm managing partner. A private joint stock company will become a public company if it has a paid-up charter capital of VND 30 billion or [...]

By |2019-08-19T14:15:51+07:00August 19th, 2019|Banking and Finance, Securities and Capital markets|Comments Off on New Rules for Securities
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