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DISTINCTION BETWEEN FORCE MAJEURE, OBJECTIVE IMPEDIMENT, AND FUNDAMENTAL CHANGE OF CIRCUMSTANCES
During the performance of a contract, especially long-term contracts, a business may face extraordinary risks arising from natural, social, economic, political, or human factors, which can make the performance of obligations extremely difficult, costly, or even impossible. Not all events that occur qualify as force majeure allowing the disadvantaged party to be exempted from obligations or to terminate the contract. Some events fall under the category of fundamental change of


EUROPEAN CONTRACT LAW – SUCCESSES AND LIMITATIONS
One of the most significant achievements of the European Union (EU) is the establishment of a unified single market among its 28 member states. The fundamental freedoms within this single market allow businesses and citizens to move and interact freely within a borderless economic union. Trade liberalization and the reduction of barriers among EU member states have generated numerous benefits for the population, including freedom of movement, study, and work abroad. As consum


COMMERCIAL DISPUTES – HOW TO RESOLVE THEM
A dispute can be understood as a conflict or disagreement between parties. Moreover, according to the provisions of the Commercial Law 2005, commercial activities are defined as the activities of buying and selling goods, providing services, and engaging in other business activities for profit. ► Therefore, a commercial dispute refers to conflicts or disagreements regarding rights and interests arising from commercial activities, either between traders or between traders and


COMMON MISTAKES WHEN HANDLING A LAWSUIT ON YOUR OWN
Handling a lawsuit on your own may seem like a cost-saving option compared to hiring a lawyer. However, lack of legal knowledge and practical experience can expose you to significant risks, potentially complicating the case and reducing the likelihood of achieving the desired outcome. Below are common mistakes you should be aware of and avoid when managing a lawsuit independently. 1. LACK OF LEGAL KNOWLEDGE One of the most common mistakes when handling a lawsuit independently


SECRETS TO SUCCESSFUL NEGOTIATION IN LITIGATION
Negotiation in litigation is a crucial skill that enables the parties involved to achieve the best possible outcome without resorting to a court judgment. This approach not only saves time and money but also protects the reputation of the parties. To succeed in negotiation, several key strategies should be considered: 1. Thorough Preparation Preparation is the cornerstone of successful negotiation. Before entering the negotiation table, it is essential to: Study the case: Und


WHAT IS A JOINT-STOCK COMPANY?
A joint-stock company is a type of legal entity with limited liability, established and existing independently from its owners. The company’s capital is divided into equal portions called shares, which are issued to mobilize investment capital from investors. 1. What is a Joint-Stock Company? Pursuant to Clause 1, Article 111 of the 2020 Law on Enterprises, a joint-stock company is an enterprise in which: The charter capital is divided into multiple equal portions called shar


PROCEDURES FOR ESTABLISHING A BUSINESS UNDER THE LATEST PROVISIONS OF THE 2020 ENTERPRISE LAW
The registration for establishing a company is carried out in accordance with the provisions of the 2020 Enterprise Law. This process requires the business to prepare all necessary conditions to legally commence its operations. Under the current legal regulations, what are the steps and procedures for establishing a company? 1. Business Establishment Documents a) Sole Proprietorship Enterprise Registration Application. Copy of legal documents of the individual for the owner o


WHY IS COMPANY MERGER NECESSARY?
In the context of a highly competitive market economy, many companies are implementing mergers and acquisitions as a development strategy to transform their business profile and operational scale. The primary purpose of corporate mergers is to enhance the enterprise’s share value in the market, thereby delivering numerous benefits to enterprises in their business and production activities. At the same time, mergers help create stronger competitive capacity and open up broader


LEGAL DUE DILIGENCE IN MERGERS AND ACQUISITIONS ACTIVITIES
Mergers and acquisitions activities, also known as Mergers and Acquisitions (M&A), refer to transactions in which control over part or all of a target company is obtained through an investor’s ownership of part or all of the target company. However, in order to successfully carry out “billion-dollar deals” prior to entering into intensive negotiation stages, the parties cannot overlook the step of “legal due diligence.” This is a crucial step before the parties proceed to neg


WHAT PROCEDURES ARE REQUIRED FOR ENTERPRISE REGISTRATION?
To register the establishment of an enterprise in Viet Nam, it is necessary to comply with a multi-step procedure in accordance with the provisions of the Law on Enterprises. 1. Preparation of the Enterprise Registration Dossier Prior to submitting the application, the enterprise must prepare the necessary documents, including: Application for enterprise registration: This form may be obtained from the National Business Registration Portal or from the Department of Planning a
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