BUSINESS LAW PRACTICE GROUP

Aliat Legal has been engaged in a vast number of legal matters on investment from starting, structuring business investment to operating and expanding business operation and activities in Vietnam. Our services include:

• Advising on investment structures including local companies, joint venture companies, wholly foreign-owned companies and foreign holding companies;
• Conducting legal due diligence on potential business partners, potential investments, as well as doing legal research and assessment;
• Conducting pre-feasibility studies and feasibility studies in potential investments;
• Advising and participating in negotiation on joint venture agreements, joint venture structures, business cooperation contracts and feasibility studies;
• Representing investors at Government authorities at all levels for necessary approvals and licenses.

M&A transactions are more and more frequent in Vietnam and are arranged by business men together with financial and legal experts. This is essential for concluding M&A transactions in a lawful, safe and workable status.

We offer a full range of assistance and consultancy services for M&A transactions, including:

• Conducting legal due diligence and assessment on target partners and transactions in order to provide effective commercial advice on the potential M&A transaction.
• Structuring and preparing the Memorandum of Understanding, along with representations, warranties, undertakings and conditions precedent to the transaction.
• Assisting in preparation, negotiation, finalization and execution of M&A-related agreements including joint-venture agreements, shareholders’ agreements, share purchase agreements, share subscription agreements, business cooperation contracts, charters, and all other relevant documents.
• Assisting in obtaining all necessary approvals and licenses for the successful completion of M&A transactions.

Every contract entered into by a business contains particular principles and limitations as agreed by the parties creating consequent rights and duties.  Our commercial lawyers act to ensure and protect your rights and fair duties and enforceability of all transactions, contracts, and agreements you enter into in the course of your business.

​Our services include:

 – Advising on local laws and regulations as well as any international requirements, rules, and commitments.

 – Advising and assisting in incorporating legal entities, branches, and representative offices in Vietnam.

 – Participating in negotiation and finalization of commercial contracts, sale and purchase contracts, service agreements, distribution agreements, franchise agreements and technology transfer agreements.

– Drafting, reviewing, amendment and finalizing contracts, agreements, and deals.

– Advising and assisting in any and all legal aspects of commercial transactions, deals, and arrangements.

Human resource is a key and top priority of any successful organization. Labor and employment are one of the most complicated matters that require due attention of companies, employers in any part of this world.

Services of Aliat Legal in this field include:

• Advising on recruitment and employment relations.
• Drafting, reviewing and assisting in negotiation of employment contracts, collective labor contracts and provision of related consultancy services.
• Advising and proposing internal labor rules and co-operative labor agreements, employee handbooks and management regulations.
• Structuring employee benefit plans and advising on compliance and regulatory issues such as labor disciplines and sanctions, termination of employment contracts.
• Advising on award policy, social, healthcare and unemployment insurance, establishment of trade union.
• Providing consultancy services on labor protection, occupational injury and occupational disease.
• Advising on immigration, work permits for expatriates, related taxation issues and other legal requirements that arise out of secondment of employees to abroad and vice versa.
• Advising, assisting and handling labor dispute including mediation, negotiation, court procedures.
• Advising and assisting in other labor-related matters.

We provide tailored legal consultancy and advisory services to clients in this field, including:

• Advising on conditions, procedure, and process for investment of real estate projects in accordance with laws and requirements from competent authorities.
• Assisting on obtaining approvals, and licenses for real estate and property projects, including but not limited to principle approvals, agreement on location, lease or allocation of land, master planning approvals/agreements, environment impact assessment reports, investment registration, approvals on basic design, construction permits, approval on fire fighting method, completion documents, ownership certificates of construction works.
• Advising and assisting in preparation, negotiation, and execution of contracts or agreements in relation to funding investment for projects such as investment cooperation agreements or credit facilities.
• On-site investigation and desk-study of the legal issues of land and buildings.
• Advising and assisting in commercial and residential acquisition transactions, obtaining mortgages, pledge transactions, and other security for property transactions.
• Advising on preparation of bid packages and bidding procedures for the construction of investment projects.
• Advising and assisting in preparation, negotiation and execution of contracts with contractors, suppliers and consultants during the implementation of construction works.
• Advising and drafting sets of contract forms for real estate business, including lease agreement, and property sales & purchase agreement..

Taxation is a critical issue that requires the due attention of all businesses.  We advise on the legal aspects of taxation issues including:

•  Assisting in the implementation of administrative registration and issuance of Tax codes.
• Advising and assisting in the assessment of applicable taxes, tax declarations, tax payments, and tax structures.
• Reviewing and applying for eligible tax incentives and tax deductions, tax exemptions, tax grace, and tax deferrals.
• Advising and applying for implementation of Double Taxation Agreements between Vietnam and other countries.
• Conducting legal due diligence on the risk assessment of taxation issues and proposing feasible options and plans in compliance with Vietnamese law.

We advise and represent clients in dispute resolution, including arbitration, court procedures and out-of-court settlement. Our litigation lawyers are highly experienced and are always available to be engaged in:

• Alternative Dispute Resolution
• Arbitration
• Litigation