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  3. Compilation of judgments on disputes over share transfer agreements in Vietnam
28/02/2025 10:20

Compilation of judgments on disputes over share transfer agreements in Vietnam

Compilation of judgments on disputes over share transfer agreements in Vietnam

What are regulations on the transfer of shares according to the Law on Enterprises 2020 in Vietnam? What are judgments on disputes over share transfer agreements in Vietnam?

What are regulations on the transfer of shares according to the Law on Enterprises 2020 in Vietnam?

Article 127 of the Enterprises Law 2020 stipulates the transfer of shares as follows:

(1) Shares are freely transferable, except for the cases specified in Clause 3, Article 120 of the Enterprises Law 2020 and the company charter which provides for restrictions on the transfer of shares.

If the company charter stipulates restrictions on the transfer of shares, these provisions are only effective when clearly stated on the share certificate of the corresponding shares.

(2) The transfer is executed either via contract or transactions in the securities market.

In the case of transfer by contract, the transfer documents must be signed by the transferor and the transferee, or their authorized representative.

In the case of transactions in the securities market, the order and procedures for transfer shall be implemented according to the legal regulations on securities.

(3) In the case where an individual shareholder dies, the heir according to the will or by law of the shareholder becomes a shareholder of the company.

(4) If an individual shareholder dies with no heir, the heir renounces the inheritance or is disqualified from inheritance, the shareholder's shares shall be handled as per civil law regulations.

(5) A shareholder has the right to donate a part or all of their shares in the company to another individual or organization or use shares for debt repayment. Individuals or organizations receiving donations or debt repayments in the form of shares will become shareholders of the company.

(6) Individuals or organizations receiving shares as stipulated in this Article shall only become company shareholders from the time their information specified in Clause 2, Article 122 of the Enterprises Law 2020 is fully recorded in the shareholder register.

(7) The company must register changes in the shareholder register as required by the involved shareholder within 24 hours from receiving the request, as stipulated in the company charter.

What are judgments on disputes over share transfer agreements in Vietnam?

Below is a compilation of judgments on disputes over share transfer contracts:

No. Title of Judgment Date Issued Court of Adjudication
1 Judgment 1255/2023/KDTM-ST on dispute over share transfer contract July 26, 2023 People's Court of Ho Chi Minh City
2 Judgment 63/2023/KDTM-PT on dispute over share transfer contract June 26, 2023 High People's Court of Ho Chi Minh City
3 Judgment 28/2023/KDTM-PT on dispute over share transfer contract April 14, 2023 High People's Court of Ho Chi Minh City
4 Judgment 30/2022/KDTM-PT on dispute over share transfer contract and annulment of individual decision December 30, 2022 High People's Court of Hanoi
5 Judgment 521/2022/DS-PT on dispute over share transfer contract December 15, 2022 People's Court of Hanoi
6 Judgment 29/2022/KDTM-PT on dispute over share transfer November 16, 2022 High People's Court of Da Nang
7 Judgment 01/2022/KDTM-PT on dispute over share transfer contract February 17, 2022 People's Court of Binh Duong Province
8 Judgment on dispute over share transfer contract No. 01/2022/KDTM-PT February 17, 2022 People's Court of Binh Duong Province
9 Judgment on dispute over share transfer contract No. 172/2021/KDTM-PT October 27, 2021 People's Court of Hanoi
10 Judgment 1401/2020/KDTM-ST on dispute over share transfer contract September 3, 2020 People's Court of Ho Chi Minh City
11 Judgment 72/2019/KDTM-PT on dispute over share sale and transfer contract November 14, 2019 High People's Court of Ho Chi Minh City
12 Judgment 121/2019/KDTM-PT on dispute over share and stock transfer contract October 22, 2019 People's Court of Hanoi
13 Judgment on dispute over share transfer contract No. 1153/2018/KDTM-ST August 23, 2018 People's Court of Ho Chi Minh City
14 Judgment on dispute over share transfer contract No. 11/2018/KDTM-PT April 24, 2018 High People's Court of Ho Chi Minh City
15 Judgment on dispute over share transfer contract No. 02/2018/KDTM-PT April 10, 2018 People’s Court of Ba Ria–Vung Tau Province
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
  • - Articles may be compiled from a variety of sources;
  • - Applicable Terms may have expired at the time you are reading;
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