Corporate Law consulting – Legal handbook for small and medium-sized enterprises

Author: Admin Date Submitted: 16/12/2025 11:18 AM
Article content

    1. Role and benefits of corporate law consulting

    Legal consulting acts as a "defense system" for the enterprise, helping to ensure business activities run lawfully. Especially for SMEs (small and medium-sized enterprises), the lack of internal legal resources often leads to legal governance being overlooked.

    1.1 The role of legal consulting in business activities

    Some prominent roles of legal consulting in business activities:

    • Supporting compliance with legal regulations right from the establishment stage.
    • Consulting on corporate structure strategies suitable for scale and sector.
    • Preventing legal risks through reviewing contracts and internal regulations.
    • Consulting on timely handling of disputes and complaints, minimizing damages.
    • Representing the enterprise in working with state agencies.

    1.2 Benefits of using professional corporate legal services

    Cooperating with specialized consulting units brings many practical benefits:

    • Saving time and costs compared to maintaining an in-house legal department.
    • Continuously updating changes in current enterprise laws.
    • Having flexible, timely, and professional solutions for legal situations.
    • Enhancing governance capacity and transparency in business activities.

    Proactively using consulting services not only helps enterprises comply with the law but also creates a long-term competitive advantage.

    2. Core regulations in the current Enterprises law

    To operate in the right direction, SMEs need to clearly understand the core points in the current legal system. Misunderstanding or overlooking regulations can lead to serious legal consequences.

    2.1 Types of enterprises and legal characteristics (According to the Enterprises law 2020

    Type of enterprise

    Owner

    Legal responsibilities

    Ability to raise capital

    Management characteristics

    Private enterprise

    One individual (owner)

    Unlimited (the owner is liable with all their assets)

    Cannot raise capital from other sources; capital comes from the owner's assets.

    The owner is the legal representative and decides on all activities.

    Single-member limited liability company

    One organization or one individual

    Limited (within the scope of the company's charter capital)

    Allowed to issue bonds and private placement bonds in accordance with the law.

    Flexible management according to prescribed models (Company President, Director or Members' Council, Director,...)

    Limited liability company with two or more members

    From 02 to 50 members (including organizations, individuals)

    Limited (within the scope of capital contributed to the enterprise)

    Allowed to issue bonds and private placement bonds in accordance with the law.

    Managed through the Members' Council, Chairperson of the Members' Council, and Director/General Director

    Joint stock company

    At least 03 shareholders, can be organizations or individuals (no maximum limit)

    Limited (within the scope of contributed capital)

    Allowed to issue shares, bonds, and other types of securities

    Managed through 1 of the following 2 models:

    1. General Meeting of Shareholders, Board of Directors, Supervisory Board (if required), and Director or General Director
    2. General Meeting of Shareholders, Board of Directors, and Director or General Director

    Partnership

    At least 02 general partners (unlimited liability) and may have capital contributing partners (limited liability)

    Mixed (General partners have unlimited liability; Capital contributing partners have limited liability within the scope of capital committed to contribute)

    Cannot raise capital from other sources.

    Management is mainly carried out by General partners. High requirements for the personal reputation of general partners.

    2.2 Mandatory obligations enterprises need to comply

    According to Article 8 of the Enterprises law 2020, enterprises have the obligation to comply with the following key regulations:

    • Business registration and operating in the correct business lines and conditions.
    • Fully performing tax, financial, and accounting obligations as prescribed.
    • Performing obligations regarding labor, social insurance, and environmental protection.
    • Ensuring the legitimate rights and interests of employees.
    • Organizing management and operation of the company in accordance with Law and the Company Charter.
    • Implementing the reporting regime and providing information upon request of state management agencies.

    Understanding and complying with these regulations will help enterprises avoid administrative violations, legal risks, and protect long-term interests.

    3. Handbook for self-protecting enterprises from legal risks

    Besides hiring consultants, enterprises also need to equip themselves with basic knowledge to minimize risks right from within the company.

    3.1 Common errors SMEs need to avoid

    Some common mistakes that can lead to disputes or penalties:

    • Signing contracts without carefully reviewing legal terms, especially terms regarding penalties and compensation for damages.
    • Delay in updating newly regulations in current enterprise laws, leading to delays in changing internal regulations or processes.
    • Lack of management processes for legal files and documents (Charter, Licenses, Internal Decisions), making retrieval and comparison difficult.
    • Failure to register trademark protection, leading to intellectual property rights infringement.

    3.2 Effective legal governance tips for SMEs

    Enterprises can proactively manage legal matters through:

    • Building a standardized, easy-to-search internal document repository (contract templates, decisions).
    • Provide periodic training for personnel on fundamental legal regulations relevant to their job functions.
    • Establishing internal control processes before making important legal decisions (example: contract signing process, labor discipline handling process)

    4. Corporate law consulting services for SMEs

    Small and medium-sized enterprises often face difficulties when building an in-house legal department themselves. At this point, professional corporate law consulting services are the optimal solution, helping to save costs while ensuring legal governance effectiveness.

    Lexsol provides many services suitable for SME characteristics, emphasizing professional quality and the ability to accompany clients:

    • Consulting on enterprise establishment, choosing optimal entity types and business lines.
    • Reviewing and drafting contracts, Charters, and standardized internal regulations.
    • Supporting the resolution of commercial and labor disputes professionally.
    • Provide in-depth consultancy on intellectual property, brand protection, and intellectual assets.
    • Legal representation in working with state agencies, handling administrative procedures quickly.

    Lexsol is committed to providing in-depth, flexible legal services, helping enterprises build a solid legal foundation and achieve sustainable development.

    Frequently questions about corporate law consulting

    1. Is corporate law consulting mandatory for SMEs?
      Not mandatory, but very necessary to ensure the enterprise operates according to the law, limits risks, and optimizes operations.
    2. When do enterprises need to use legal services?
      Right from the establishment stage and throughout the operation process, especially when there are major transactions, disputes, or significant internal changes.
    3. Does the current enterprise law change frequently?
      Yes, regulations are updated periodically (most recently the Enterprises law 2020). Enterprises should monitor information from official information sites or reputable consulting units.
    4. Should SMEs hire a private lawyer or use external consulting services?
      Depending on the scale of the enterprise, but most SMEs should use external services to save fixed costs while still enjoying in-depth, multi-disciplinary expertise.
    5. What support does Lexsol provide for enterprises?
      Lexsol provides comprehensive consulting from establishment, operation, internal governance to legal dispute resolution, suitable for SMEs.

    Corporate law consulting is an important tool helping SMEs operate effectively, minimize risks, and achieve sustainable development. Mastering current enterprise laws, proactively managing legal matters, and choosing reputable corporate legal services are 3 key factors.

    If you need a reliable legal partner, Lexsol is ready to support your enterprise from the first steps to the long-term expansion process. Contact Lexsol for in-depth corporate law consulting, suitable for your specifics.

     

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