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Legal issues businesses often encounter

Enterprise 01/11/2023

Nowadays, starting a business is becoming easier and easier. However, through the article below, Apolo Lawyers will learn about some legal issues that businesses need to pay attention to to avoid future risks.

Nowadays, starting a business is becoming easier and easier. However, through the article below, Apolo Lawyers will learn about some legal issues that businesses need to pay attention to to avoid future risks. Business owners need to pay attention to some of the following legal issues, both for newly established businesses and businesses already operating in production and business.

1. For newly established businesses:

Legal issues that newly established businesses often encounter are often issues related to business registration content and business establishment procedures. Specifically:

- Choose business type:

For this issue, business owners should focus on determining the number of people participating in establishing, contributing capital, and managing the business. At the same time, it is necessary to consider the conditions for participating in establishing and managing enterprises according to the provisions of law. Accordingly, these subjects must ensure that they are not prohibited by law. Article 17 of the Enterprise Law 2020 clearly stipulates that organizations and individuals do not have the right to establish and manage businesses in Vietnam. For example, minors; people with limited civil act capacity; people who have lost their civil act capacity; people with difficulty in cognition and behavior control; Organizations without legal status are entities that do not have the right to establish and manage businesses.

- Business:

When establishing a business, you must pay attention to the business line in which you intend to operate. Although Article 7 of the 2020 Enterprise Law stipulates that businesses can: "1. Freedom to conduct business in industries and professions that are not prohibited by law." However, it is also important to note that those professions are not banned from business as prescribed in Article 6 of the Investment Law. In addition, businesses must also determine whether their business lines belong to the group of conditional business lines specified in Article 7 of the Investment Law 2020. From there, businesses will be more proactive in registration procedures. Sign your business.

- Authorized capital:

Although most business sectors do not require businesses to ensure a specific level of capital, not all do. In some cases, the law still requires capital, forcing businesses to ensure a minimum capital level to be able to conduct business activities. For example: Real estate business (20 billion), express delivery (2 billion or 5 billion) ...

- Company name:

Business name includes Vietnamese name, English name and abbreviated name. Accordingly, the business name must comply with the requirements in Article 37 of the Enterprise Law 2020. Enterprises should choose the name carefully to avoid being identical or confusing with other businesses. Registration will be refused if it is identical or causes confusion with a previously registered business.

Legal issues businesses often encounter

2. For established and currently operating businesses:

Legal is considered the operating framework of a business. During the process from its inception to its development, a business will more or less encounter situations that give rise to legal problems. At that time, the request was made that the enterprise must handle the above issue according to the law.

Issues related to internal management and company operations often lead to disputes

The rights and obligations of shareholders and members should be clear to avoid disputes

Issues related to shares, stocks or dividend structure need to be clarified

Sales contracts, cooperation and legal issues that need attention

Transfer names, buy and sell companies and shares

Disputes over property, contracts, intellectual property.

Conflicts in management, reporting on taxes, social insurance, and administrative violations.

Therefore, businesses need to pay attention to the above contents so that they do not encounter risks during operations.

Legal issues businesses often encounter

3. How can Apolo Lawyers help businesses:

Apolo Lawyers Law Firm with a team of experienced lawyers and legal experts with extensive knowledge, specializes in providing legal consulting and litigation services to customers. Our legal consulting work is that lawyers will guide and give legal opinions, help customers draft documents, papers, and answer relevant laws based on current legal regulations, helping customers exercise and protect their legitimate rights and interests. Our work includes but is not limited to:

- Contracts: We review, check, evaluate the legality and draft the following types of contracts:

  • Commodity trading contracts

  • Service contract

  • Labor contract

  • Business Cooperation Contract

- Labor:

  • Control and secure corporate information

  • Procedures for handling labor discipline

  • Dismissal and termination of labor contracts

  • Labor case

- Enterprise:

  • Business registration certificate

  • Changes to business registration content

  • Documents for establishment of branches and representative offices

  • Decide to transfer, promote, discipline and fire employees

- Dispute resolution:

  • Disputes between employers and employees

  • Disputes between businesses and partners

Therefore, if customers need to cooperate, please quickly contact us via Hotline: 0903.419.479 or via email: