Establishment and administration of a new company, including any branches, representative offices and associations is one of the core services of the Firm’s practice. We counsel on all legal aspects and assist investors in the completion of all necessary procedures and the obtaining of all required licenses for the establishment and operation of their companies, branches and representative offices both in Vietnam and in other countries. If you are forming a new company, you will benefit from our corporate services including:

Selection of Form of Company

• Offering advice on appropriate forms of company with analyses on the advantages and disadvantages of each form to facilitate investors’ choice of form;
• Offering advice on ways to satisfy the statutory conditions for engaging in conditional business sectors either before or after obtaining the Business Registration;
• Offering advice on all aspects related to representative offices, branches and subsidiaries.

Document Drafting and Negotiations

• Offering advice on procedures and documents for setting up a company, representative office or branches, as well as on statutory conditions to be satisfied for the company to engage in conditional business sectors;
• Drafting of documents, such as the company’s charter, joint venture contracts, commercial contracts as well as representing investors in completing procedures for incorporation of companies, representative offices and/or branches in Vietnam;
• Advising on and representing clients in the negotiation of documents with their partners, such as matters related to the company’s organizational structure, voting rights, operation of board of management, board of directors, capital assignment, pre-emption rights, etc.

Securing Business Registration

• Representing investors in the submission of application dossier to the proper Vietnamese Authorities and following up the appraisal process of the application dossier at these Vietnamese Authorities;
• Representing investors or participating in discussions or arrangements with Vietnamese Authorities concerning the application dossier;
• Obtaining the Business Registration for the establishment of investors’ companies.

Legal Reviews and Assessments

• Advising on commercial transactions, investment plans proposed by investors with analyses on any legal weaknesses and potential adverse consequences with possible recommendations on ways of re-structuring transactions;
• Advising on all legal aspects and practical issues related to commercial transactions with optimal tax efficient structures;
• Advising and representing investors in making demonstrations and arrangements on investment and commercial transactions to Vietnamese Authorities in order to obtain support or acceptance.

Other Services

• Assisting investors in completing any other prescribed procedures after the grant of Business Registration, such as obtaining the seal and tax code of the companies;
• Offering assistance in preparation of documents and representing investors in completing procedures for obtaining conditional license to engage in various business sectors.