Dispute Resolution

Nowadays, with the opening of the market and many preferential policies of the Government, the Vietnamese economy has been developed. That also contains many risks for you when establishing, executing transactions and it is inevitable that disputes will arise. Eliminating the risk of disputes is also helping you to make a profit.

With more than 10 years of operation involved in resolving domestic and international disputes, with our experience, we should help customers anticipate risks, disputes can occur right from the transaction negotiation stage. We always accompany customers, giving advice and solutions before negotiations. When a dispute arises, we help you collect and establish evidence in your favor that is particularly important because it determines the outcome of the dispute. Our lawyers will also work on your behalf with the other party, directly handling risks and disputes in domestic and international courts and arbitration.

Disputes are quickly resolved by our lawyers’ experience and understanding of the culture, the way to work with the competent authorities in Vietnam. For international disputes, with the advantages of language, understanding of foreign laws and experience in resolving disputes in different countries, our foreign lawyers will help you know the ways foreign legal proceedings in your case, and work on their behalf.

You are always proactively updated on the status of our work, as well as monitoring and urging work progress through the CRM management system that we give you an account to access and use.

Registering a 100% foreign-owned company in Vietnam is possible. However, foreign investment is subject to regulatory limitations applied on each specific business sector.

In most cases, investors shall implement the following steps to establish a company:

Step 1: Obtaining an Investment Registration Certificate, abbreviated IRC (if any non-Vietnamese investors).

Step 2: Obtaining an Enterprise Registration Certificate, abbreviated ERC or BRC for Business Registration Certificate.

The company is established but the following steps are required for regulatory compliance:

Step 3: Post establishment procedures.

Step 4: Obtaining sub-licenses (if any).

IRC stands for Investment Registration Certificate which shall be obtained (in most cases) when a foreign investor wants to set up a project (such as establishing a company) in Vietnam at the beginning.

ERC stands for the Enterprise Registration Certificate which every company in Vietnam must have. In other jurisdiction it is sometimes referred to as the “Incorporation Certificate” or “Company Certificate”.

Joint Stock Company (“JSC”) and Limited Liability Company (“LLC”) are the most common types of company in Vietnam since they offer the following advantages:

  • Limitation in liabilities of their shareholders/ members/ proportionate to their capital contribution;
  • Flexible management structure;
  • Conversion from JSC to LLC and conversely is possible.

In general, there is no minimum capital required by law when registering a company in Vietnam. Only some conditional business sectors such as real estate trading, banking or education have specific capital requirements.

However, the capital shall be sufficient in light of the intended business sectors and scale of operation.

For non-conditional business sectors, we usually need from 6 to 8 weeks to setup a foreign-invested company and 1 week for a Vietnamese-invested one.

However, especially for foreign-owned companies, the time can be extended due to various reasons such as additional requirements from the licensing authorities.

We would be delighted to schedule a meeting to provide you with an effective solution.