Herman, Henry & Dominic

New Beneficial OwnershipReporting Requirements for Vietnamese Enterprises

To read or download the article, please click the following link. 1. Filing obligation From 1 July 2025 onward, every Vietnamese enterprise that possesses legal personality under the 2020 Law on Enterprises (namely single-member limited-liability companies, multi-member limited-liability companies, joint-stock companies and partnerships) must lodge, update and keep records of their Beneficial Ownership (“BO”) information […]

Herman, Henry & Dominic

Contract Recharacterization

To read or download the article, please click the following link. Resource: https://www.viac.vn/thu-tuc-trong-tai/067-%7C-xac-dinh-ban-chat-cua-quan-he-hop-dong-a210.html Facts: In 2000, Company T (Claimant) and Company S (Respondent) entered into an agreement titled “Economic Cooperation Contract” to jointly carry out a business venture involving musical instruments and audio-lighting equipment. Company T contributed a building to the project, while Company S […]

Herman, Henry & Dominic

Counterfeit Goods and IP-Infringing Goods: Distinctions, Overlaps, and Legal Inconsistencies in Practice

To read or download the article, please click the following link. In the application of Vietnamese law, distinguishing between “counterfeit goods” and “goods infringing intellectual property (IP) rights” plays a crucial role in classification, enforcement, and legal liability, particularly in the realm of criminal prosecution. However, the two concepts significantly overlap, while the legal framework […]

Herman, Henry & Dominic

Resolution 198: What It Means for Vietnam’s Private Sector

To read or download the article, please click the following link. The National Assembly has passed Resolution 198/2025/QH15. The goal is to cut red tape, ease business conditions, and create a level playing field for private companies. Here are the main changes that businesses should know. 1. Business Inspections Will Be Less Burdensome 2. Businesses […]

Herman, Henry & Dominic

Application of Equity in the Absence of Legal Provisions

To read or download the article, please click the following link. Case Name: Cost Allocation in Failed Project Arbitration – Application of Equity in the Absence of Legal Provisions Resource: https://www.viac.vn/thu-tuc-trong-tai/072-%7C-ap-dung-le-cong-bang-dieu-chinh-hop-dong-a215.html Facts: A foreign company and a Vietnamese company entered into a cooperation contract to implement a project. The foreign company transferred a deposit, and […]

Herman, Henry & Dominic

Intellectual Property Considerations in Mergers and Acquisitions in Vietnam

To read or download the article, please click the following link. Intellectual Property Considerations in Mergers and Acquisitions in Vietnam In Vietnam’s ever-evolving M&A scene, intellectual property isn’t just an accessory—it’s often the secret sauce that can make or break a deal. As companies increasingly recognize that trademarks, patents, copyrights, and trade secrets are more […]

Herman, Henry & Dominic

Understanding Trade Secrets and Patents under Vietnamese Law

To read or download the article, please click the following link. In the realm of intellectual property (IP) protection in Vietnam, businesses have two primary avenues to safeguard their innovations: trade secrets and patents. Each offers distinct advantages and is governed by specific legal frameworks. A comprehensive understanding of these mechanisms is essential for making […]