Employment and Labour is one of the key practice areas of Asia Legal. Our labour & employment lawyers bring with them years of experience in advising major companies in all facets of employment law. We assist both employers and employees in navigating the complex world of labour law in Vietnam; when appropriate, we also defend actions in courts. Our labour & employment lawyers also manage the legal, tax and commercial risks associated with employment, workplace health and safety, executive remuneration and incentives and employee mobility/relocation. We also represent the interests of employees in all aspects of their employment relationships from negotiating labour contracts to pursuing fair compensation when the employment relationship has ended. Specific areas of our services in this practice area include: Advising on legal issues relating to labour and employment in accordance with the law on labour of Vietnam; Advising on legal issues relating to labour contract, including but not limited to drafting, amending, supplementing or terminating, liquidating labour contracts; Advising on drafting and representing in negotiations of collective labour agreements; Representing and supporting clients in resolution of labour dispute including strike; Advising on procedures to handle with labour discipline; Advising on developing and drafting forms relating to labour and employment; Advising on drafting and registering regulations on employment, remunerations, and internal regulations; Advising on legal issues relating to foreigner labours including announcement on employment, obtainment of work permits and/or temporary residential cards; Managing the transfer of employment and business issues arising in corporate M&A transactions; and Pursuing litigation before labour courts.
M&A is one of the key practice areas of Asia Legal. We frequently advise clients on a cross-border basis, assisting in both outbound and inbound investments concerning Vietnam. Our lawyers have extensive experience advising and assisting clients in in-land and/or cross-border M&A transactions in respect of different business sectors, typically M&A transactions in retail and mining industry which has been considered very attractive to foreign investors in the past few years. Our involvement in a general M&A transactions would be as follows: Drafting deal and transaction structure; Drafting term sheet or Memorandum of Understanding; Drafting corporate charters and joint venture/shareholders agreements; Providing legal opinion on corporate bylaws, governance policies and regulatory compliance; Performing and overseeing legal due diligence; Preparing due diligence reports; Negotiating and drafting agreements for the acquisition of equity and assets; Providing legal advices on the laws of Vietnam regarding private equity, venture capital, initial public offerings, stock options, and so on; Preparation and negotiation of acquisition agreements for equity and assets, merger agreements, and other transactional documents; Leveraged management buyouts and buy-ins; Corporate governance, director duties and disclosure; Governmental filings, approvals and registrations; and Advice on taxation and related matters.
We are one of the prominent law firms in Vietnam with strong expertise in dispute resolution. Dispute resolution involves more than just going to court or international arbitration. In practice, there are often more efficient avenues and in fact, a vast majority of disputes will never reach court or international arbitral proceedings in practice. As a matter of that fact, Asia Legal's approach to a dispute is to promote alternative dispute resolution practices, including mediation and conciliation which is the most cost and time efficient manner. We have assisted the clients to resolve many dispute by alternative dispute resolution and been recognized as one of the notable law firms in dispute resolution practice area in Vietnam by Asia Law, the definitive guides to Asia-Pacific's leading regional and domestic law firms and lawyers. However, where litigation or arbitration is unavoidable, our lawyers and of counsels (litigation lawyers) with extensive experience will assist the clients in court proceedings in provinces and cities nationwide at all levels. Dispute Resolution practice group includes: Arbitration Litigation & Enforcement Mediation & Conciliation
Inward investment, or foreign investment, is one of Asia Legal's core practices. We have advised and assisted numerous foreign investors to set up investment projects and helped them during their operations in Vietnam. In Vietnam, Asia Legal is of the leading business law firms providing legal services and support to foreign investors entering into Vietnam. We have worked on many high profile projects in a wide range of industries. For inward investment, we focus on: Market entry advice: legal research and legal assessment including legal due diligence; Investment structure and licensing matters: providing advice and preparing legal documentation for setting up wholly foreign-invested enterprises, joint ventures; branches and representative offices, drafting business cooperation contracts; Representing clients in negotiations; Working with government authorities and attending to administrative procedures; Handling post-licensed procedures for foreign invested projects; Advising on regulatory issues in connection with the operation of foreign invested projects in Vietnam; and Investment liquidation and corporate restructuring. In addition, we also offer corporate support services to the foreign investors investing in Vietnam. Our team draws on a wealth of corporate and commercial expertise to deliver a full range of company secretarial services to our clients, including advising on and managing regulatory compliance and corporate governance obligations on an ongoing basis. Particularly, we can provide the following services: Management of the approval and registration procedures for establishing legal entities; Completing post-establishment registration procedures; Maintaining company registrations and filings; Renewal or change of licenses; Preparation of board resolutions and minutes; Preparation and submission of the monthly, quarterly and annual reports; Maintenance of Company records; Assisting in annual inspections; and Provision of Nominee Directors.
Outward investment (investment from Vietnam to other foreign countries or territories) has continued to increase sharply during the last few decades, with a strong focus the ASEAN region and some western countries including the USA, Australia, Canada. With 10 out of total 139 outward investment projects in 2018 being advised by Asia Legal, we are definitely the pioneer in this practice area in Vietnam. For this practice area, we focus on: Conducting surveys of the legal environments of targeted overseas countries and associated risk assessments; Helping clients secure approvals from the Ministry of Planning and Investment and relevant Vietnamese State agencies to invest overseas; Providing legal advice on facilitating foreign currency payments, including navigating Vietnam's strict foreign exchange control policies; Designing optimal investment structures (e.g. under the form of either a representative office, branch, subsidiary or partnership) in compliance with the requirement of Vietnamese law; Preparing and/or reviewing investment documentation; Helping clients prepare periodic and annual reports as required by the competent governmental authorities of Vietnam; and Helping clients negotiate with business partners at each stage of the investment process.
Our International Trade practice provides advice and assistance in navigating the often contradictory regulations and commitments. In addition, the International Trade practice assists with international supply chains, shipping, and customs. Types of services: WTO rules & regulations International sales contracts and related matters International trade issues Anti-dumping proceedings, countervailing duty, and safeguard investigations Customs & import compliance Export controls and economic sanctions
Our lawyers have worked on natural resources acquisitions throughout Indochina. They offer advice on both large and small scale projects and are familiar with the Public-Private Partnership laws that control the sector. Types of services: Exploration and exploitation contracts Hydropower projects Project financing PPP negotiations and contract drafting Mineral and energy export regulations Government liaison and regulatory issues Inhabitant relocation procedures
We advise property developers, lenders, real estate investment funds, local and foreign investors, contractors, consultants and property managers, on a wide range of matters. For this practice area, we focus on: Advising on regulatory issues for property development & construction projects Commercial and residential acquisitions (including site acquisitions), sales & leases Property developments & investments including joint ventures Property financing Contractual matters for landlords and tenants Property management Government relations & licensing matters for property projects Construction contracts, procurement contracts and EPCs Advising on contract administration
If you need to deal with legal issues on a regular basis, you may wish to take advantage of our Retainer Services. Our Retainer Services are customized to suit each client's needs. Each retainer can be tailored to meet a general or particular legal support requirement. For example, a retainer may provide for regular brief telephone consultations with our lawyers, or for the review of simple documents not requiring substantive legal advice. Such services, when provided under a retainer, will not be separately billed. As all our lawyers are specialists in different areas of the law, not only would you be advised by an expert in a particular field, but this would also ensure that you spend less of your precious management time in resolving your problems. A retainer would also ensure that you get priority in terms of service and response time and that our lawyers will not represent any party that is opposed to your legal interests. With Retainer Services, the following key matters in relation to your business will be addressed: 1 Administration/ Human Resources, including Providing legal advice on (local and foreign) employee-related issues, including appointment, disciplinary proceedings, termination of labor contracts, etc Drafting or assisting the client in drafting legal documents, papers related to daily administration including but not limited to administrative procedures with competent authorities; human resources related issues or any other internal issues; and Advising the client on requirements of and assisting the client in legal compliance with various Vietnamese laws/regulations in connection with labor including Labor Code, Law on Social Insurance, Law on Personal Income Tax and other legal documents. 2 Internal Management Preparing minutes of meetings, resolutions of the Members' Council/ Board of Directors and General Meeting of Shareholders, and other necessary forms related to internal management of the client; Reviewing and updating the client's charter, regulations and other internal documents; and Advising and drafting other required internal corporate documents for the client. 3 Daily Business Operation, including Advising, assisting in drafting and vetting of simple commercial agreements including sales and purchase agreements, transportation agreements, business Cooperation agreements and any agreement signed by and between the client and customers, suppliers, vendors and business partners at the client's request from time to time; Advising, assisting in vetting any other document that may be required from time to time regarding any commercial transactions that may be entered into between the client and other parties in Vietnam; and Preparing and submitting the Monthly, Quarterly, Bi-annually and Annually Operation Reports, as the case may be, to the competent authorities, including: Monthly Reports: Report on imports of goods (if any); Report on other business service activities; Report on foreign direct investment activities; Report on invested capital; and Report on the implementation of investment projects; Quarterly Reports: Quarterly reports on the implementation of investment projects; Report on invested capital; and Report on labor and income; Annual Reports: Report on production and business activities; Report on trade activities; Report on other business service activities; Report on the contribution of charter capital; Report on imports of goods; and Reports on the implementation of investment projects. Sorting and storing the client's internal documents. 4 Legal Training Organizing legal training and training for management and staff of the client. For further information on this kind of service, please contact us at firstname.lastname@example.org or simply call us at (+84)84 400 8484.
With 12 free trade agreements to which Vietnam is a signatory, Vietnam enterprises have been integrating deeply into the world economy, which in return requires them to equip and improve legal knowledge for their staff and/ or manager and/ or higher level including Chief Executive Officers and Chief Financial Officers to protect their rights and benefits and avoid legal risks arising out of or in connection with both local and international transactions with their partners. With legal training, the enterprises can establish a better compliance system and legal risk control. In addition, periodical legal update will help the enterprises timely develop new policies and development models for their business.
Legal training can be organized in a variety of formats from short-duration workshops to specialized groups of businesses to long sessions. Training programs are tailored to the nature and needs of each enterprise. The legal training program is always built with a mix of theoretical and practical aspects as well as provides useful advice to help learners improve their professional knowledge and skills.
Legal training programs are available including:
1. Labor law training program (for employees/managers);
2. Training program on commercial contract law;
3. Legal training program for Chief Executive Officers, Chief Financial Officers;
4. Legal training program on the enterprise’s establishment, operation and management;
5. International trading training program for trading enterprises.
Venue: the client’s workplace or a location as nominated by the client
If you need our services for legal training, please either email us at email@example.com or call us at +84 84 400 8484
Asia Legal is among the few business law firms in Vietnam with expertise in debt collection, especially in commercial transactions.
Unlike other law firms, instead of bringing the dispute arising out of or in connection with late payment to the court or arbitration center, our first step to collect the debt for the clients is to assist the clients in negotiating and/ or mediating with their partners based on good faith, which saves both time and cost for the clients, meanwhile, maintain the good relationship between the parties. Our lawyers who are well trained to become internationally recognized accredited mediators at Centre for Effective Dispute Resolution (UK), and Vietnam International Commercial Mediation Center, will assist the clients in the first stage of debt collection by means of negotiation and/ or mediation, using their experience, skill and knowledge in various similar cases. If pre-litigation efforts fail, we will look at an alternative strategy and taking legal actions will be the last resort.
If you need legal services in debt collection in Vietnam, please either email us at firstname.lastname@example.org or call us at +84 84 400 8484
With profound understanding of local regulations and requirements, Asia Legal’s corporate secretarial services have supported many local and foreign enterprises, doing their business in Vietnam. With this type of services, the enterprises are no longer worried about the burden of the administrative duties that normally requires significant resources. Accordingly, the enterprises can focus on their core purposes of developing business.
Typical corporate secretary services include:
• Organizing board and annual shareholders’ meetings, and recording minutes;
• Safekeeping of the important documents and artefacts of the company;
• Acting as company secretary: to handle both day-to-day administrative tasks and more essential documentation and filing, we are able to act as your company secretary in Vietnam;
• Coordinating with regulators and auditors to take care of compliance with the applicable codes and statutory requirements;
• Maintaining statutory books, records, and registers;
• Advising on official corporate requirements, disclosures and notices;
• Amending and renewing licenses;
• Filing work permits and visas for employee; and
• Other secretarial services: Vietnamese law can require a number of secretarial services, we can work with your team to help you stay abreast of changes in regulations and requirement.
If you need our corporate secretary services, please either email us at email@example.com or call us at +84 84 400 8484.