International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies

Archives

TuEngr+Logo
:: International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies

http://TuEngr.com


ISSN 2228-9860
eISSN 1906-9642
CODEN: ITJEA8


FEATURE PEER-REVIEWED ARTICLE

Vol.13(4)(2022)

  • Enterprise Conversion in Vietnam: Legal Inadequacies and Suggested Solutions

    Nguyen Vinh Hung, Nguyen Dang Duy (School of Law, Vietnam National University, Hanoi, VIETNAM).

    Disciplinary: Business Law & Management, Economic Management, Economic Law.

    ➤ FullText

    doi: 10.14456/ITJEMAST.2022.80

    Keywords: Private enterprise; general partnership; enterprise conversion; Enterprise Law; unlimited liability.

    Abstract
    The 2020 Vietnam's Enterprise Law has expanded the types of enterprise to be converted, from the business theory and practice, however, it has also been shown that the private enterprise and general partnership conversion poses a lot of limitations, inadequacies and differences from the law of most countries in the world. These defects in regulations of the 2020 Enterprise Law have caused several difficulties for those in the conversion process and partially provoked the inefficient legal system. Accordingly, this article aims to analyze the inadequacies of the current regulations on enterprise conversion law in Vietnam and suggests possible solutions to enhance the mentioned inadequacies.

    Paper ID: 13A4Q

    Cite this article:

    Hung, N.V., Duy, N.D. (2022). Enterprise Conversion in Vietnam: Legal Inadequacies and Suggested Solutions. International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies, 13(4), 13A4Q, 1-13. http://TUENGR.COM/V13/13A4Q.pdf DOI: 10.14456/ITJEMAST.2022.80

References

  1. Bui Ngoc Cuong (2010), Commercial Law. Textbook, Volume I, Education Publishing House, Vietnam, p. 52.
  2. Lemeunier, F. (1992), Principles and Practice of Commercial Law, Business Law. National Political Publishing House, Hanoi, p. 265 - 266.
  3. Fubler, F. and Simon, J. (1992), Economic legal issues of the Federal Republic of Germany. Legal Publishing House, 29p.
  4. VietnamGov (2007). Government, Decree No. 139/2007/ND-CP dated September 5, 2007 detailed instructions on the implementation of a number of articles of the Enterprise Law.
  5. VietnamGov (2020). Government., Decree No. 08/2020/ND-CP of the Government dated January 8, 2020, on the organization and operation of bailiffs.
  6. VietnamGov.(2021). Government, Decree No. 01/2021/ND-CP dated January 4, 2021, on business registration.
  7. Hanoi Law University (2018), Commercial Law. Textbook, Volume I, People's Police Publishing House, p. 140, 109, 138.
  8. Le Hoc Lam and Le Ngoc Duc (2010), Business Law. Statistics Publishing House, 100p.
  9. Le Minh Toan and Nguyen Nhu Phat (2006). Vietnam's Economic Law. National Political Publishing House, 333p.
  10. Cozian, M. and Viandier, A. (1990). Company organization, translated from the original French "Droit des societes: Litec, 1988. Institute of Legal Sciences - Ministry of Justice, p. 3, 149.
  11. VietnamGov. (1999). National Assembly, Enterprise Law 1999.
  12. VietnamGov. (2005). National Assembly, Enterprise Law 2005.
  13. VietnamGov. (2014). National Assembly, Enterprise Law 2014.
  14. VietnamGov. (2015). National Assembly, Civil Code 2015.
  15. VietnamGov. (2020). National Assembly, Enterprise Law 2020.
  16. Cuong N.H. (2013). Commercial Law. Textbook, General introduction and Traders, VNU Publishing House, p. 141, 142, 142.
  17. Nguyen Thi Khe, Bui Thi Khuyen (1999). Business Law, Statistical Publishing House, p. 197.
  18. Nguyen Vinh Hung (2013). Partnerships under the Enterprise Law 2005 - Some inadequacies and recommendations, Journal of Democracy and Law, No. 07, p. 37, 35.
  19. Nguyen Vinh Hung (2015). General Partnerships and limited partnerships Distinction according to Enterprise Law 2014, Journal of Law Profession, No. 6, p. 9.
  20. Nguyen Vinh Hung (2016). Principles of partnership under the Enterprise Law 2014, Journal of Democracy and Law, No. 05, p. 23.
  21. Nguyen Vinh Hung (2016). Completing legal regulations on partnerships in the Enterprise Law 2014, Foreign Economic Journal, No. 88, p. 97, 100.
  22. Nguyen Vinh Hung (2017). Private enterprises and their suitability to the commercial environment in Vietnam, Journal of the Law Profession, No. 02, p. 11, 12.
  23. Nguyen Vinh Hung and Nguyen Van Phuoc (2021). Legal regulations on general partners in a partnership under the Enterprise Law 2020, Journal of European Studies, No. 04, p. 95.
  24. Pham Duy Nghia (2009). Enterprise Law: Situation - Analysis - Commentary, Faculty of Law - Hanoi National University, VNU Publishing House, pp. 40, 58.
  25. Pham Duy Nghia (2015), Economic Law, Textbook, People's Police Publishing House, p. 187.
  26. Nguyen Nhu Phat (editor, 2011). Vietnam's Economic Law, Textbook, Hanoi Open University, People's Police Publishing House, p. 33.
  27. Tran Ngoc Dung and Tran Ngoc Anh (2017). Regulations on partnerships and solutions for completion in the Enterprise Law 2014, Journal of Law, No. 04, p. 37.
  28. Van Thieu (2002), Why the partnerships has not come to life yet?, Legal Journal No. 04, p. 6.


Other issues:
Vol.13(3)(2021)
Vol.13(2)(2021)
Vol.13(1)(2021)
Archives




Call-for-Papers

Call-for-Scientific Papers
Call-for-Research Papers: ITJEMAST invites you to submit high quality papers for full peer-review and possible publication in areas pertaining engineering, science, management and technology, especially interdisciplinary/cross-disciplinary/multidisciplinary subjects.

To publish your work in the next available issue, your manuscripts together with copyright transfer document signed by all authors can be submitted via email to Editor @ TuEngr.com (no space between). (please see all detail from Instructions for Authors)


Publication and peer-reviewed process:
After the peer-review process, articles will be on-line published in the available next issue. However, the International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies cannot guarantee the exact publication time as the process may take longer time, subject to peer-review approval and adjustment of the submitted articles.

Disclaimer: All products names including trademarksTM or registered® trademarks as well as intellectual properties mentioned in ITJEMAST's articles are the property of their respective owners, using for identification and educational purposes only. Use of them does not imply any endorsement or affiliation. Information publisihed in ITJEMAST, reflected only personal view of the authors, is very fact specific with particular assumptions and thus may not apply to any specific situations. Specific advices should sought from professionals in the fields. Under no circumstances shall its Editors, Editorial Board members, and the authors be liable for any direct or indirect, incidental or consequential losses or damages that result from the uses of or the reliances upon the ITJEMAST published information.

©2022 All Rights Reserved.