Purpose: The article researches on the organizational structure of securities company under the Securities Law 2019 in order to point out some limitations and shortcomings and propose for recommendations to improve law about organizational structure on this form of company. Theoretical framework: Recent literature points out that securities companies play very important role in the development of Vietnam's stock market. However, in the current stage of development, from the influence and impact of international integration and the increasingly fierce competitive pressure, the securities companies have encountered many difficulties to survive. In there, limits and problems in regulations about securities company organizational structures has caused many difficulties for these companies when organization and operation. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system and expanding the freedom to business has always been paid special attention by the Party and Vietnam State. Design/methodology/approach: The authors have combined traditional research methods of legal science such as legal analysis method, legal efficiency assessment method and legal comparison method. Findings: According to research, regulations on the organizational structure of a securities company are directly related to the efficiency of management and administration of this company. In there, Supervisory Board/Internal Audit Committee always ensuring to limit negative and fraudulent acts of the company’s leaders, to better ensure the legitimate rights and interests of the company's members and customers. Therefore, the authors have proposed several solutions such as the need to stipulate the mandatory requirement of a Supervisory Board for the securities trading company under the model of limited liability company, and expand and strengthen the powers of the Supervisory Board/Internal Audit Committee, independent members in securities companies doing business in the form of joint stock company. These are important bases to contribute to perfecting the Law on the organizational structure of securities companies in Vietnam and further enhancing the stability and safety of the Vietnamese stock market. Research, Practical & Social implications: This research may support many develop future research in Vietnam. At the same time, the research to help foreign investors' activities in Vietnam's stock market. Originality/value: The research of the freedom to business and organizational structure of securities companies become more and more urgent and very important in Vietnam.
Purpose: The article researches the compatibility between the cooperative group and the current commercial environment in Vietnam to propose for improvement to the laws and for promotion of development of the cooperative group. Theoretical framework: Recent literature points out that the cooperative group model is quite suitable for the production and business psychology of citizens in Vietnam. In the current stage of development, however, from the influence and impact of international integration and the increasingly fierce competitive pressure of various types of enterprises, the cooperative group have encountered many difficulties to survive. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system and expanding the freedom to business has always been paid special attention by the Party and Vietnam State. Design/methodology/approach: The authors have combined traditional research methods of legal science such as legal analysis method, legal efficiency assessment method and legal comparison method. Findings: According to research, the cooperative group is well adapted to Vietnam's commercial environment because it is compatible with investor psychology and meets the conditions and circumstances of nature, economy and society. However, since Vietnam's deep integration with the rest of the world, the cooperative group model has faced numerous difficulties and challenges, and if suitable solutions are not found, it is very likely that this collective economy will become increasingly difficult. As a result, the article suggests some important solutions, such as offering cooperative group legal status and requiring more preferential lending policies with long loan terms, simple and quick loan procedures, and easy team cooperation. Research, Practical & Social implications: This research may support many develop future research in Vietnam. Originality/value: The study of the freedom to business become more and more urgent and very important in Vietnam.
Objective: This paper researches the legal form of general partnership under the provisions of the Enterprise Law 2020 in Vietnam, therefore, points out the limitations, inadequacies and some recommendations proposals. Method: To conduct a research about the legal form of general partnership in Vietnam, the authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and legal comparison method to achieve the objectives of the research. Results: Currently, the legal form of general partnership in Vietnam's Enterprise Law 2020 has not yet been defined clearly. This not only causes difficulties and complications for the general partnership in the organizational and operational process but also makes many foreign investors feel hesitate to choose this type of company. It is unconditionally unreasonable to combine two types of human-based companies in a form of general partnership regulated in Enterprise Law 2020 in Vietnam. Therefore, in order to overcome the limitations of the legal form of the current general partnership, the authors suppose that the following solutions should be considered. Conclusion: The regulations on the legal form of general partnership directly related to the efficiency of management and administration of this company. Simultaneously, the straightforward definition of the legal form of general partnership will advance the investors’ confidence to choose this type of company. However, the unclear regulations on the legal form of general partnership in Vietnam has been existing since Enterprise Law 1999, leading to limited space for the development of general partnership in Vietnam.
Property ownership is an ancient concept and plays an important role in determining the status of each individual in society and for the nation's development. During the past 70 years since its inception, the Democratic Republic of Vietnam, which is the Socialist Republic of Vietnam today, has only policy guidelines for this guarantee. Keywords: property ownership, private economic, private ownership. References: [1] Melvin Urofsky, Rights of The People: Individual Freedom and The Bill of Rights.[2] Garrett Hardin, The tragedy of the commons, Science 162 (3859) 1968.[3] Milton Friedmen and Rose Friedman, Capitalism and Freedom, University of Chicago, IL., 1962.[4] Nguyen Huy Vien, Developing private economy, the people will be richer and the country will be stronger, 22/05/2019.https://vietnamnet.vn/vn/tuanvietnam/tieudiem/chi-khi-kinh-te-tu-nhan-phat-trien-moi-co-dan-giau-nuoc-manh-533536.html.[5] Karl Marx, The Communist Manifesto, 1848, London.[6] Pham Thi Thanh Binh, Private economy: An important driving force in Vietnam's economic development, tapchitaichinh.vn 13/01/2018. http://tapchitaichinh.vn/nghien-cuu--trao-doi/trao-doi-binh-luan/kinh-te-tu-nhan-dong-luc-quan-trong-trong-phat-trien-kinh-te-viet-nam-134456.html. [7] Le Tho Binh, “The king of tires” Nguyen Van Chan: a… miser, Vietnamnet.vn 11/10/2004.https://vietnamnet.vn/psks/nhanvat/2004/10/333737/.
Due to characteristics of the socialist legal system, in the process of development and integration, Vietnam needs to absorb the advantages of other legal systems. The paper analyzes the features and advantages of sources of the Anglo-American legal system and lessons for Vietnam.
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