FAQ
ARE EMPLOYEES OF STATE AGENCIES UNDER CONTRACT REGIME ALLOWED TO CONTRIBUTE CAPITAL TO ESTABLISH A COMPANY?
My name is Nguyen Van Minh – a staff working at the Department of Planning and Investment of X province under contract regime. I and 03 of my friends contributed capital to establish Anh Hao limited liability company. After a period of operation, there have been many conflicts within the company. Mr. Tran Ngoc Nguyen – Manager of the company, who contributed capital to establish the company made an unfair profit on behalf of the company, making a huge negative impact on the company. Thus, Mr. Tran Ngoc Nguyen was dismissed from his position as director in the meeting of the board members. After that, he filed a lawsuit in court stating that I am the Department of Planning and Investment’s staff who is not eligible to contribute capital to establish the company. Then, am I allowed to contribute capital to establish the company?
23/08/2023 - FAQ
DOES THE CONTRACT SIGNED BY THE CHAIRMAN OF THE BOARD OF DIRECTORS TAKE EFFECT?
Mr. Truong Van Nhi living in Cam Le district, Da Nang City asked: Our company signed a construction contract with The A company in Quang Nam. The contract was signed by The A company's Chairman of the Board. When signing the contract, we knew that the Chairman does not have the right to sign, but because of the sensitivity, we did not request the authorization letter. When the contract was implementing approximately 60% of the workload, some issues arose that both parties could not be consensus. Thus, the Manager - Legal representative of The A company - requested to cancel the contract because the person who signed the contract didn't have authority. We would like to understand clearly that, is the contract in the above circumstance seem as an invalid contract?
19/07/2023 - FAQ
IS THE WITHDRAWAL OF CAPITAL FROM THE ENTERPRISE A PLOY TO EVADE DEBT REPAYMENT OBLIGATIONS?
*Question: Mr. Binh living in Hai Chau District, Da Nang City asked: In December 2020, my company and the X company signed a commodity trading contract. However, The X company did not perform the signed contracts’ obligation but seize our deposit blatantly. Therefore, in October 2021, we filed a lawsuit in The H Commercial Arbitration Center to force the X company to return the deposit, pay for the compensation for the actual damages incurred and the penalty of contract violation.
19/07/2023 - FAQ
ILLEGAL UNILATERAL TERMINATION OF LABOUR CONTRACTS
Mr. Nguyen Van An asked: “I work as a market officer for a branch of a company in Quang Nam with headquarters in Ho Chi Minh City. In March 2015, I signed a labour contract with the company, each year the company re-signed the labor contract once. In March 2020, the company decided to make me and a number of employees in Quang Nam stop working because of the expiration of the labor contract term without signing a new labour contract. I want to know whether the company is in accordance with the law or not. If it does not comply with the law, what should I do to protect my rights?
29/01/2021 - FAQ

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