ADK VIETNAM LAWYERS LAW FIRM

Employment & Labor

ADK Vietnam possesses rich experience in labour & employment, laying emphasizes on legal service with regard to arbitrations, litigations and reconciliations of labour disputes, and design a full set of contracts and local labour regulations’ compliance for all types of businesses.

ADK Vietnam's lawyers has represented both foreign-invested and domestic-invested enterprises to deal with arbitrations and litigations of labour disputes and represented employees with foreign nationality (especially the senior management and professional technical staff) to participate in trials or reconciliations of labour disputes.

ADK targets at maintaining clients’ benefit to the utmost. With the premise that the measures taken by clients do not prejudice to laws and policies, ADK lay more emphasize on clients’ commercial reputation, image and interest in the long term when it is unnecessary to rigidly adhere to one case’ gains or losses.

Except for dealing with common labour disputes, ADK has rich experience in dealing with emergency and collective disputes such as strike, sabotage. ADK Lawyers possesses good work relation and communication with the related authorities, trade unions and other relevant state entities, which can help enterprises deal with emergency and collective disputes promptly and effectively and can ensure the production and operation for enterprises and provide legal and effective protection for the senior management of enterprises.

The professional legal service provided by ADK Vietnam in this field includes:

• Legal consultation with regard to legal frame of labour and personnel and trade union management, frequent questions in daily management involving labour;
• Staffing design and legal service related to labour dispatch, review and drafting of labour contracts and related agreements (for instance, staff training, confidentiality, and non-competition);
• Drafting and review of enterprises’ inner rules and regulations with regard to labour and personnel, salary and welfare, and labour-hour and vocations;
• Legal service with regard to the signing and termination of collective labour contracts and collective downsizing;
• Due diligence on labour and personnel involved in joint venture, M&A, restructuring, reorganization and bankruptcy, and designs of staffing plan; and
• Arbitrations and litigations of labour dispute (including collective ones) and other related disputes (for instance, disputes with regard to commercial secrets, non-competition).

Bankruptcy & Debt

Service of litigation, arbitration and dispute resolution is a significant business for ADK Lawyers. ADK's Lawyers provides effective dispute resolution plans for clients and represents clients in litigations and arbitration in Vietnam for clients including foreign investors and foreign-invested enterprises.

Besides, the professional and comprehensive debt recovery services provided by ADK Lawyers are in accordance with the laws. Our lawyers have extensive experience in the debt collection field and possess superior communication and negotiation skills. We firstly focus on amicable and alternative solutions to collect the bad debts and save client’s time and money. In case of needing a litigation proceeding, we work closely all relevant parties to resolve the disputes effectively at the competent authorities. By fully understanding the value of relationship of clients and their debtors, ADK Lawyers ensures professionalism while interacting with debtors.

Lawsuits & Disputes

Service of litigation, arbitration, and dispute resolution is a significant business for ADK Lawyers. ADK's Lawyers provides effective dispute resolution plans for clients and represents clients in litigations and arbitration in Vietnam for clients including foreign investors and foreign-invested enterprises.

Besides, the professional and comprehensive debt recovery services provided by ADK Lawyers are in accordance with the laws. Our lawyers have extensive experience in the debt collection field and possess superior communication and negotiation skills. We firstly focus on amicable and alternative solutions to collect the bad debts and save client’s time and money. In case of needing a litigation proceeding, we work closely with all relevant parties to resolve the disputes effectively at the competent authorities. By fully understanding the value of the relationship of clients and their debtors, ADK Lawyers ensure professionalism while interacting with debtors.

The professional legal service provided by ADK Lawyers in this field includes:

• Commercial disputes, including but not limited to disputes in business operations, cooperation, and also disputes between investors and its senior management or disputes with regard to an emergency happening in management;
• Disputes with regard to contracts of trade, franchise, and loans;
• Disputes with regard to intellectual property rights infringement and others, including trademark, copyright, patent, commercial secret and other disputes in the field of anti-unfair competition;
• Common disputes with regard to product quality, labor, and the alike; and
• Assess risks, propose options and represent clients to negotiate effectively for debts with debtors.

Real Estate

It is not easy to ensure compliance and efficiency for even multi-corporations with rich experience of real estate investment or development to invest in real estate in Vietnam. ADK Vietnam possesses a professional team of senior lawyers with the connection with leading accounting and auditing units, business owners and even top investment funds who knows deeply Vietnam’s actual situations, owns advantageous local resources, and proficient in international operation. ADK Vietnam is capable of providing legal service in detail and with feasibility for financial investors and developers in real estate in general and renewable energy in particular - one of the types of projects that is gradually becoming a national focus on sustainable development.

The Lawyers of ADK Vietnam has provided frame design of establishment and merger of a real estate enterprise for clients that not only inside but also outside the industrial park, participate in consulting and pursuing policy compliance process for large domestic real estate corporations and financial funds for projects with new business models in Vietnam, provide whole course legal service, and drafted all the related agreements. Our Lawyers also provided whole course legal service for the strategic cooperation between a well-known Singapore real estate developer and its Vietnamese counterpart relating to commercial negotiations, to establish infrastructure companies to develop closed project zones including industrial parks, residential areas, entertainment, and commercial zones.

The professional legal service provided by ADK Vietnam in this field includes:

• Designing investment scheme suitable for financial investors and developers in order to ensure the benefit of clients and the legal compliance and feasibility;
• Providing whole course legal advice from biding, construction, pre-sale, bringing into use, after-sale warranty against defects, to estate management;
• Due diligence for merging real estate enterprises in Vietnam and providing legal advice on dealing with risks;
• Participating in negotiations of establishment and merger of real estate enterprises and drafting related agreements;
• Providing legal consultation relating to administrative approvals and licensing for the project;
• Providing legal consultation relating to use of land, including various ways of obtaining land, for instance, through biding, purchase of bankruptcy properties, acquisition of the project, or through share transfer; and
• Advising clients on investment opportunities in Vietnam and assist them in mergers and acquisitions, focusing exclusively on the energy sector.

Business

Mergers & Acquisitions (M&A), Investment, Corporate.

ADK Vietnam provides legal services for numerous overseas investors’ investments in Vietnam. The Lawyers of ADK Vietnam are capable of providing efficient and high-profile legal services with years of rich experience accumulated in this field and good communication with the related authorities.

The professional legal services provided by ADK Vietnam in the field of foreign capital M&A includes:

• Consultation on State policy in each period of foreign investment and investment structure planning;
• Legal due diligence to target company;
• Drafting, review and negotiation of the M&A contracts, such as contracts of share transfer, joint venture contract and the other contracts/agreements related in;
• Communication with applicable authorities and providing professional opinion with regard to the administrative approval and registration, and assist in the related administrative procedures;
• Assisting foreign-invested enterprises in resolving the problems arising from the daily operation, such as problems relating to labour & personnel, taxes, intellectual property right protection, product quality and unti-unfair competition, and the alike;
• Legal issues relating to the restructure, merging, spilt-off, and liquidation; and
• Legal support for risk management.

Engineering, Construction & Real Estate

It is not easy to ensure compliance and efficiency for even multi-corporations with rich experience of real estate investment or development to invest in real estate in Vietnam. ADK Vietnam possesses a professional team of senior lawyers with the connection with leading accounting and auditing units, business owners, and even top investment funds who knows deeply Vietnam’s actual situations, owns advantageous local resources, and masters the art of international operation. ADK Vietnam is capable of providing legal service in detail and with feasibility for financial investors and developers in real estate in general and renewable energy in particular - one of the types of projects that is gradually becoming a national focus on sustainable development.

The Lawyers of ADK Vietnam has provided frame design of establishment and merger of a real estate enterprise for clients that not only inside but also outside the industrial park, participate in consulting and pursuing policy compliance process for large domestic real estate corporations and financial funds for projects with new business models in Vietnam, provided whole course legal service, and drafted all the related agreements. Our Lawyers also provided whole course legal service for the strategic cooperation between a well-known Singapore real estate developer and its Vietnamese counterpart relating to commercial negotiations, to establish infrastructure companies to develop closed project zones including industrial parks, residential areas, entertainment, and commercial zones.

The professional legal service provided by ADK Vietnam in this field includes:

• Designing investment scheme suitable for financial investors and developers in order to ensure the benefit of clients and the legal compliance and the feasibility;
• Providing whole course legal advice from biding, construction, pre-sale, bringing into use, after-sale warranty against defects, to estate management;
• Due diligence for merging real estate enterprises in Vietnam and providing legal advice on dealing with risks;
• Participating in negotiations of establishment and merger of real estate enterprises and drafting related agreements;
• Providing legal consultation relating to administrative approvals and licensing for the project;
• Providing legal consultation relating to use of land, including various ways of obtaining land, for instance, through biding, purchase of bankruptcy properties, acquisition of project, or through share transfer; and
• Advising clients on investment opportunities in Vietnam and assist them in mergers and acquisitions, focusing exclusively on the energy sector.

 Administrative Licensing

Though part of issues is removed from the range of administrative approval since the reform of administrative approval system in 2020 and 2021, for enterprises, especially foreign-invested enterprises, every step from admittance before establishment, to the production, operating, management after establishment, is still closely related to administrative approval. Any major act without administrative approval is likely to bring large legal risk to enterprises. With rich experience accumulated for years, Licensing Practice Group of ADK Lawyers is familiar with the issues requiring administrative approvals in different sectors. ADK Vietnam has kept good working relation with administrative authorities and is able to help clients obtain administrative approvals and license smoothly.

The professional legal service provided by ADK Vietnam Lawyers in this field includes:

• Regarding approvals during the establishment of foreign-invested enterprises and branches, including pre-approval of enterprise name, pre-approval or examination governed by People's Committee, Ministry of Planning and Investment, registration at Department of Planning and Investment, Industrial park management boards, official seals, registration at tax authorities; and
• In addition to licenses related to the import and export of goods, including the permit of importing or exporting, we provide all licensing services for industries that require a license to operate, there is no limitation on occupational safety-related licenses in each specific field.

Compliance and Corporate Governance

More and more companies in Vietnam including domestic enterprises, enterprises with state capital and/or foreign - invested are paying more attention to compliance. ADK Vietnam possesses and affiliates experts with rich experience in corporate compliance to provide professional legal service for clients which helps clients find and avoid illegal situations and decrease or avoid administrative punishment, civil and even criminal responsibilities and other legal risks that may affect clients’ business negatively, as well as avoid harm to commercial reputation and image of the companies.

The professional legal service provided by ADK Vietnam Lawyers in corporate compliance includes:

• Assisting clients in the establishment of corporate compliance system conforming with Vietnamese laws, regulations, policies and rules, including review, drafting and assisting implementation;
• Providing latest trends of laws and regulations and the specific implementation programs;
• Inner compliance training and education for clients’ employees;
• Providing professional service relating to compliance due diligence, and review of compliance supervision to clients’ requirement;
• Assisting clients in reviewing internal non-compliance cases and take necessary legal measures to avoid damage to the reputation and image of companies; and
• After dealing with the noncompliance cases, helping clients analyze the reason and motion, and making prevention measures for clients.

Intellectual Property

Under the current commercial circumstances, the exploring and protection of intellectual property rights has become one of the most significant issues. Generally, the intellectual property goes before the transactions. We have a team devoted to intellectual property rights with excellent education background and rich experience in practice, thus we are capable of providing legal consultation and resolution of implementation for enterprises in Vietnam with regard to intellectual property management strategy. Our scope of business covers patents, trademarks, know-how, copy rights, commercial secrets, e-commerce, and so on.

The professional legal service provided by ADK in this field includes:

-   Legal service for applying and registration for intellectual property rights;

-   Drafting and reviewing contracts involving intellectual property, including contracts of development, service, consultation and transfer of technology, contracts of transfer or licensing of patents and trademarks, contracts of software development, and advertisement contracts, and so on;

-   Legal consultation for enterprises on strategy and protection system of intellectual property rights;

-   Legal service for commercial transactions involving intellectual property rights, such as issues relating intellectual property rights in franchise, M&A, and divestiture and restructure of assets; and

-   Seeking for legal remedies against infringement;

Criminal Defense

Facing the troubled waters of the criminal justice system is a serious matter that is best done with the help of an experienced attorney. At the ADK Vietnam Lawyers, we help clients navigate through the legal system to less turbulent places — to help them achieve the best possible outcomes.

WHAT YOU CAN EXPECT
Personalized attention to your case – we have a undying hunger to identify any and all relevant facts pertaining to your case.  We won’t stop until we have everything we need to win.
The experience needed to win your case – with nearly 20 years of combined experience, our lawyers know the law like the back of our hands.  We will make sure we do everything we can to win.

Insurance

The firm offer advisory and litigation services in the fields of general and life insurance and re-insurance. The areas of practice include general, fire material damage, life, motor, industrial, maritime and aviation, construction risk, professional indemnity, product liability and workmen’s compensation insurance claims.

Our clients consist of both local and foreign insurance companies as well as companies with an interest in insurance matters and claims. In respect of insurance claims, our firm acts for clients in both litigation in Courts as well as in arbitration proceedings.

Media, Technology and Telecoms

With our in-depth knowledge of regulatory matters in the areas of technology and telecommunications, we are well-placed to advise clients on various issues pertaining to compliance with the Vietnamese Communications and related regulations.

Our services also extend to the drafting of IT agreements and advisory work on the development and implementation of e-commerce platforms, IT outsourcing and issues arising from contracts entered in the digital economy.

We have acted for government agencies, financial institutions, IT service providers as well as insurance, media and telecommunications companies.