Insights
An expiration of the lease does not mean that the premises will automatically return to the lessor. In fact, many businesses fall into the situation that the lessee still continues to do business, leaving goods and equipment, not paying the amounts incurred but also refusing to hand over. The longer it lasts, the more the lessor loses the opportunity to exploit the property, incurs management costs and faces pressure to "get back" the premises themselves.
In warehouse lease contract disputes, the lessor often thinks that it has an advantage when the property is damaged, the handover is unsatisfactory and the actual repair costs are incurred. However, from a cracked warehouse floor to a judgment forcing the lessee to compensate is a significant legal gap.
Can a Head of a Representative Office ("RO") of a foreign trader be suspended from leaving the country because of the RO's own tax debt? This seemingly only related question to the application of the law raises a larger question: whether foreign businesses and investors can accurately forecast the legal risks they face.
In trade disputes, what gives rise to disagreements is not always one party failing to deliver on its commitments. In many cases, the parties invoke the contract itself to protect themselves, but read the same clause in completely different interpretations. The difference in interpretation not only determines when the contract ends, but also entails many other unpredictable consequences.
A patent is often seen as a recognition of research achievements and a basis for the exclusive owner to exploit the technology in the market. However, in business practice, the value of a patent is determined not only by the granting of the title, but also by the ability of the owner to effectively enforce his or her rights when infringement occurs.
This publication, “Investing in Data Centers in Vietnam: Key Legal Considerations for Investors”, has been prepared by HM&P to provide investors and businesses with a practical overview of the legal framework governing the development, construction, operation and commercialization of data center projects and services in Vietnam. Presented in a question-and-answer format, it focuses on key legal issues and compliance obligations commonly encountered in practice.
A decree guiding the implementation of the Enterprise Law usually has a relatively long lifespan before it needs to be amended. Therefore, the Government's issuance of Decree No. 296/2026/ND-CP (Decree 296) only about a year after the effective date of Decree No. 168/2025/ND-CP (Decree 168) has attracted the attention of the business and legal community in Vietnam.
Changing the address of the head office is often considered one of the simplest procedures in the life cycle of a business. However, for enterprises engaged in conditional industries, a change that seems to be related to only one line of address on the Enterprise Registration Certificate (ERC) can cause the application for a license to be returned, goods cannot be cleared from customs and business activities to be interrupted.
Vietnam is facing a big question in the global investment attraction competition: will we be bold enough to build a breakthrough investment support mechanism or will we continue to choose a safe and prudent path to limit risks to the state budget?
After nearly four decades since opening up to attract foreign investment, Vietnam is facing a new turning point in development policy. If the first phase of the renovation process is shaped by the goal of attracting as much foreign direct investment (FDI) as possible to replenish the economy, the current context poses another requirement: investment capital flows need not only to be larger, but to create higher value.
In modern corporate governance, salary is no longer the only tool for retaining talent. Especially in technology businesses, start-ups or businesses in a period of rapid growth, giving employees the opportunity to become shareholders often brings much greater efficiency than short-term cash bonuses.
When it comes to mergers and acquisitions (M&A) deals in the field of financial technology (fintech), the question is often what technology the business owns, how many users the platform has, or how strong the engineering team is. However, as Vietnam's fintech market enters a more mature stage and the regulatory framework becomes more mature, the focus of deals has changed significantly. What investors are really looking for is no longer just technology, but access to a highly regulated market through specialized business licenses.
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