Q&A

We would like to introduce the printed version of the interview with Lawyer Nguyễn Thị Ngọc Anh in Securities Magazine (Tạp chí Chứng khoán) issue 311, published on September 15, 2024. The full text of the article has been reported by ATA Legal Services on September 18, 2024, on the company’s fanpage…

Regarding the case where a customer's credit card debt of 8 million escalated to 8 billion after 11 years at Eximbank, ATA Legal Services has received numerous inquiries and concerns from clients regarding personal credit borrowing. One primary concern is whether the bank's practice of compound interest…

Dear Valued Clients and Readers, Recently, the Government has issued Decree 08/2023/ND-CP adjusting and suspending a number of provisions in Decrees on offering and trading individual corporate bonds in the domestic market and offering corporate bonds to the international market ("Decree 08"). Decree…

Question: Before the private bond offering completes (when the offering bonds have yet been fully sold to primary bondholders), can the purchased bonds be sub-sold to other secondary investors? Advice from ATA Global Legal Limited Company: Under Article 4.1 of Decree 153/2020/ND-CP: "Corporate bond…

Under Decree 65/2022/ND-CP (“Decree 65”), before deciding to buy bonds, investors are responsible for being aware of information as follows: Take full access to the information disclosure contents of the issuer; clearly understand the bond terms and conditions and other commitments of the issuer before…

The process of professional securities investor determination has differences between organizational and individual investors, specifically: For organizational securities investors: Decree 65/2022/ND-CP (“Decree 65”) remained the previous provisions of Decree 155/2020/ND-CP (“Decree 155”) on organizational…

Decree 65/2022/ND-CP (“Decree 65”) amends Article 8 of Decree 153/2020/ND-CP (“Decree 153”) on accreditation of individual professional securities investors when buying private bonds. Specifically: “d) The determination of individual professional securities investors eligible for buying bonds as prescribed…

Decree 65/2022/ND-CP ("Decree 65") provided higher standards when determining a professional securities investor eligible for buying private corporate bonds. Article 3.6 of Decree  65 stipulated: “Investors have been identified as professional securities investors under Decree 155/2020/ND-CP before…

In the past, the bond market in general and corporate bonds in particular were the private playgrounds of companies, financial corporations, banks and investment funds, etc. Thus, only these organizations have enough capital, financial knowledge and risk management mechanism to join these trillion playgrounds.…

Question: Company A was merged into Company B. After the transaction, total assets of Company B are 3500 billion Vietnamese Dong. The transaction was made in 2020. At the time the transaction was made, the companies did not conduct the notification procedures of economic concentration. Do the companies…

Question: Company A intended to buy 55% the total charter capital of Company B which is now being held by Company C. All of the 03 enterprises are operating in real estate business major. The total asset of Company A and Company B is 2500 billion VND and 1000 billion VND, respectively. The total market…

Question: My company signed a service contract with Company B. The contract contains a provision that: “This contract is valid from January 01, 2021 until the end of June 30, 2022. This contract can be extended for another 01 year if it is agreed in writing by both parties at least 01 month before the…

Question: Whether a joint stock company able to sign a labor contract with the Chief Controller and the members of the Board of Controllers? Answer: According to the current regulations, Board of Controllers of a joint stock company (“JSC”) is assigned by the General Meeting of Shareholders with the…

Although the matter “Whether businesses could offer a loan with their capital” has been raised and answered by various law firms, in this article, ATA Legal Services will not analyze the basic legal grounds to solve that matter, but will also provide in-depth and appropriate advice for businesses to…

Question: Our company is a joint stock company. Currently, we are looking to redeem 51% of the total shares of company A. Please give advice on the conditions, order and procedures for us to do this. Answer: Thank you for your inquiry. For this question, we would like to advise as follows: When your…