Related legal issues that businesses often face

In the course of doing business, an enterprise often encounters certain legal problems, whether it is a large or small business. From internal management of the enterprise to business development... all have potential risks of conflicts, disputes, and damages arising from unnecessary legal risks. This article of TASCO will help business people understand the above legal issues.

⛳ In the process from the establishment of an enterprise to the time it goes into business and production activities. Enterprises cannot avoid arising legal problems such as changing procedures, certificates or sub-licenses, or internal personnel to sales contracts...

️⛳ In order to minimize legal problems that will occur in the process of business operations, businesses need to proactively do the right thing and comply with the law from the first steps. Here are some legal issues that businesses often encounter:

1️⃣ For start-ups:

✔ Determine the number of people/organizations contributing capital to establish the business, then select the appropriate type of business.

✔ Identify the business area. From the main business field that you want, TASCO will advise and help you choose business lines in accordance with the law.

✔ Charter capital: Most business lines do not require a specific level of capital, however, there are still some industries with capital conditions, specifically requiring enterprises to have a minimum capital to be allowed to operate. Accordingly, this level of capital is called the legal capital level and normally the legal capital will be specified in the law governing each business line.

✔ Business name: Vietnamese name, English name, and initials. Note: Entrepreneurs should choose a name carefully, to avoid overlapping or confusing with other businesses, otherwise the name you choose will be refused registration.

✔ Headquarters: According to the provisions of Article 35 of the Law on Enterprises: The head office of an enterprise is the place of communication and transaction of the enterprise; must be located in the territory of Vietnam, have a defined address including house number, street name (alley) or name of commune, ward, township, district, district, town, provincial city, province or direct city centrally; phone number, fax number, and email (if any).

✔ Legal representative: The legal representative is appointed in the company's charter (usually in the form of any management title of the company that will act as the legal representative instead of designating a specific individual), as prescribed by law or appointed by a Court or other competent procedural authority in accordance with the law.

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2️⃣ For businesses already in operation:

✅ Legal risks:

▪️ When there are new legal policies but businesses have not yet known them.

▪️ Enterprises have not been able to update new points and have not been able to put them into practice.

✅ Disputes between companies when there is a conflict of interest, between companies, arise:

▪️ Arises when there is copyright infringement, competition,

▪️ Settlement of bad debt...

▪️ Disputes about property, contracts, intellectual property properties.

▪️ Purchase and sale contracts, cooperation, and legal issues that need attention.

▪️ Transferring names, buying and selling companies, shares.

✅ Internal Disputes:

▪️ Problems related to the internal management system, operating the company, very often disputes arise.

▪️ Rights and obligations of shareholders and members should be clear to avoid disputes.

▪️ Problems related to shares, stocks, or dividend structure need to be clarified.

✅ Disputes with state agencies:

▪️ Conflicts in management, tax reporting, social insurance, administrative violations.

✅Damage due to lack of understanding of administrative procedures, investment, and tax policies.

✅ Not knowing the rights and obligations of the business:

▪️ Basic rights of enterprises include: Freedom to do business in industries and trades not prohibited by law; Business autonomy and choice of business organization form; proactively select industries, professions, geographical areas and business forms; proactively adjust the scale and business lines; Select the form and method of raising, allocating and using capital; Freedom to search for markets, customers and sign contracts; Import and export business; Recruit, hire and using labor according to the provisions of the law on labor; Actively applying science and technology to improve business efficiency and competitiveness; have intellectual property rights protected in accordance with the law on intellectual property; Possessing, using and disposing of assets of the enterprise; Refuse requests of agencies, organizations or individuals to provide resources not in accordance with law; Complaints and participate in legal proceedings in accordance with the law; Other rights as prescribed by law.

▪️ An enterprise's obligations, as long as the enterprise does not perform, does not comply, then sooner or later there will be risks, even great risks, affecting the survival of the business and taking a lot of time. and money to deal with.

⇒ If you have any questions, please register here for the earliest advice from TASCO or contact the hotline: 0975480868 (Zalo)

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