DETERMINATION OF THE LEGAL REPRESENTATIVE OF VIETNAMESE ENTERPRISES IN ENTERPRISE-RELATED DISPUTES – INADEQUACIES AND RECOMMENDATIONS FOR IMPROVEMENT

Abstract

According to the 2020 Law on Enterprises of Vietnam, the enterprise's legal representative is the person that, on behalf of the enterprise, exercises and performs the rights and obligations derived from the enterprise’s transactions, acts as the plaintiff, defendant, or person with relevant interests and duties before in court, arbitration, and performs other rights and obligations prescribed by law. However, not all enterprise's legal representatives have equal rights and obligations in representing the enterprise before Arbitration, Court, and other proceeding authorities. If an enterprise has many legal representatives, the company's charter assigns only one of them to act as a representative to participate in prosecuting business-related disputes, or if the enterprise has one legal representative, but this person is dead or missing, etc. Since then, changing the legal representative or authorizing another person to participate in proceedings has encountered many difficulties. Therefore, the Law on Enterprises of Vietnam needs to be further amended, supplemented, or guided for implementation to be more uniform and feasible in practice.