Franchising has always been considered one of the business models having high socio-economic value. This activity not only brings enormous benefits to franchising owners, but also provides a way to effectively share a business opportunity with many others, especially in developing countries such as Vietnam, helping individuals and organizations who are insufficient sources to self-build a business from zero.
In addition to the reputation of their service and product’s quality to build a truly effective franchise system, franchisors must also keep in mind legal issues involved in this activity. In fact, franchising covers a wide range of issues such as entering a contract, franchise contract registration, intellectual property, technology transfer, confidential information, raw materials supply, and operating franchise stores… Especially when franchisors want to expand their business worldwide, this activity will be governed by at least two different legal systems.
Therefore, Apolat Legal, with lawyers and associates advised and assisedt in the implementation of many complicated franchise transactions, will help customers orient and understand the legal issues surrounding this operating model thoroughly. Specifically, the scope of our services includes:
- General consulting in relevant legal policies;
- Drafting or reviewing exclusive franchise and sub-franchise agreements;
- Drafting or reviewing other documents and agreements related to the system’s operation to ensure consistency with franchise agreements and regulatory compliance;
- Consulting the compliance with laws and contracts during the franchising term;
- On behalf of the franchisor or the franchisee to negotiate and enter into a franchise agreement;
- Registering the Franchise system to competent authorities;
- Other relevant legal services upon clients’ request;
- On behalf of the franchisor or franchisee resolves disputes related to franchise activities.
Apolat Legal believes that the range of services we provide will fulfil all the requirements of our customers and act as a support link to help clients keep up with the development in the field of franchising.
From January 2021, Apolat Legal has officially become the law firm member of MSI Global Alliance (MSI) exclusively in Viet Nam jurisdiction.
Currently, MSI is one of the world’s leading international associations of independent legal and accounting firms. The association was formed in 1990 in response to the growing need for cross-border cooperation between independent, professional consultant firms. MSI carefully selects a single MSI full-service legal and accounting member firm in each jurisdiction. The members work closely together to provide integrated, multidisciplinary services to meet each client’s legal and regulatory obligations and growth ambitions.
Since the establishment, MSI has steadily grown to become a top-ten ranked, leading, international association with over 250 independent member firms in more than 100 countries throughout the Americas, Asia-Pacific, Europe, Middle East and Africa regions.
With the exclusive member of MSI in Viet Nam, Apolat Legal approaches to source reliable expertise quickly, expands the network with other partners and enhances our ability to assist our clients wherever in the world.
For further information on MSI member, please visit https://www.msiglobal.org/firms/apolat-legal/
From January 7th, 2021 to January 9th, 2021, Apolat Legal organized the company retreat for all members at Vung Tau City. This is the time for all to look back on the year over and enjoy the holiday after the hard-working days.
Especially, on January 7th, 2021, the 5th anniversary of the establishment of Apolat Legal (January 1st, 2016 to January 1st, 2021) was also held. The year 2020 is an important milestone marking the constantly evolving 5-year journey of Apolat Legal.
Over the years, Apolat Legal has supported domestic and foreign clients to address business issues and settle complex legal risks. We have been efforts to expand international cooperation, connected with the organization, associations, with the belief that the industry of legal services must always change to adapt to the wave of globalization and the digital economy.
Building a system with its headquarters in Ho Chi Minh City, Apolat Legal also expands its scope of operations in Hanoi.
The 5th anniversary of Apolat Legal and preparing for the 2nd 5-year plan, the year 2021, and the following years will mark further innovation and development.
Apolat Legal, with enthusiastic, responsible and aspiring people. Youthful, dynamic and friendly working environment; reasonable and attractive facilities, recruitment and treatment for talents… Apolat Legal aims to be in the top 20 leading law firms in Vietnam by 2025.
Finally, we would like to express our sincere thanks to the people who have contributed to Apolat Legal. Apolat Legal in the present, all thanks to the efforts, dedication of all of you. Apolat Legal is honored that you have been a part of our 5-year journey.
Some images at YEP night:
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Apolat Legal would like to inform you that all Apolat Legal’s members will participate in our annual company retreat:
From Thursday, January 7th, 2021 to Saturday, January 9th, 2021.
We will back to work as usual from Monday, January 11th, 2021.
Please contact us before or after this time.
1. On December 18th, 2020, The Supreme People’s Court issued Official Dispatch No. 199/TANDTC-PC announces the results of online answers to some problems in bankruptcy settlement
According to the Official Dispatch, the Supreme People’s Court has answered the issues that the courts need to pay attention when settling the bankruptcy procedure as follows:
Firstly, the status of an insolvency enterprise or cooperative must fully satisfy the following conditions:
- Have a specific, clear debt recognized, agreed upon by the parties or determined through a legally effective judgment or decision of a court, ruling of commercial arbitration, or determined in a decision of the competent authority, and the parties don’t have any dispute over this debt.
- The debt is due for payment. Maturity debt means a debt with a clearly defined payment term, by which time the enterprise or cooperative must be obliged to repay the debt. This payment time limit is acknowledged, agreed upon by the parties or determined by a legally effective judgment or decision of a court, a judgment of a commercial arbitration or decision of a competent authority.
- The enterprise or cooperative fails to fulfill the debt payment obligation within 3 months from the due date, because it has no assets to pay the debt or has assets but does not pay the debts.
Secondly, if the Court issues the decision to open the bankruptcy proceedings, the deposit of bankruptcy expenses paid by the applicant is not enough. The court can request the applicant to continue to submit the deposit. Suppose the applicant does not pay the supplement deposit of bankruptcy expense as requested, the Judge, at his discretion or according to the request of asset administrators, can decide on the sale of assets of the enterprise or cooperative after opening the bankruptcy procedure to ensure the payment of bankruptcy expense; the selling of assets is assigned to the asset administrators or the asset administration enterprises to ensure the bankruptcy expenses is paid in full.
Thirdly, in case the “Decision to open bankruptcy proceedings” is canceled by a superior court, the deposit of bankruptcy expense shall be refunded to the applicant, except for the case the applicant submits the dishonest bankruptcy claims.
2. The Ministry of Justice issued Circular No. 06/2020/TT-BTP dated December 17th, 2020, amending and supplementing a number of articles of Circular No. 08/2018/TT-BTP dated June 20th, 2018 guiding a number of issues on registration, providing information on security, contracts and information exchange on registered security, which comes into effects on January 01st, 2021
According to the Circular, collateral registered at the Asset Trading Registration Center as required from February 1st, 2021, has the following changes:
Firstly, separating the registration of security and the registration of contract at the registration center. Accordingly, the registration of contract is intended to publicize information and it does not give effect to the contract.
Secondly, supplementing provisions on online registration in case of not requiring a code to use the datebase of security measures.
Thirdly, amending, supplementing, and abolishing provisions on property which must be registered the security transaction, including:
- Supplementing objects of property rights with respect to objects of copyright, industrial property rights, rights to plant varieties; Property rights arising from results of scientific research, technological development, technology transfer or other property rights of monetary value in the fields of science, technology, and information technology; the right to exploit natural resources.
- Cancellation of “Property rights arising from shipbuilding leases; the right to compensate for damage arising from the contract of purchase and sale of aircraft or seagoing ships; the right to enjoy insurance under the insurance contract for aircraft and ships”.
- Supplementing property rights arising from a contract include the right to collect debt, the right to demand payment, the right to enjoy the benefits formed from the contract, the right to exploit, manage the project, the right to compensate for damage under the contract. or other property rights of monetary value arising from the contract (except for land use rights, ownership of property on land, ownership or other rights which must be registered with respect to aircraft or seagoing ships according to regulations. regulations of the law on aviation and maritime).
The Circular No. 06/2020 / TT-BTP takes effect from February 01st, 2021.
Download Legal Updates as a PDF here.