In recent years, Vietnam has been a market attracting foreign investors to invest in business, of which Ho Chi Minh is a quite attractive investment destination. To avoid business investment risks, individuals and foreign economic organizations investing in Vietnam need to clearly understand the market, legal policies, accounting and finance regimes in Vietnam and special incentives in the locality where you plan to invest. Investment lawyer in Ho Chi Minh with a team of highly qualified and experienced lawyers will help foreign investors in Ho Chi Minh limit possible legal risks and understand the incentives and relevant regulations, help investors feel secure in their investing and business.
1. Who is the Investment Lawyer in Ho Chi Minh?
Investment Lawyer in Ho Chi Minh are a team of lawyers with in-depth knowledge and rich practical experience in investment, businesses and related legal issues, supporting investors to understand incentives, investment conditions in the business process, thereby properly and flexibly applying investment regulations, helping investors make their investment process more convenient.
2. What tasks does Investment Lawyer in Ho Chi Minh perform?
Investment Lawyer in Ho Chi Minh will help investors with the following tasks:
a. Providing legal advice
- Consulting on industry conditions, investment forms and locations suitable to investors’ demands
- Consulting on investment incentives and tax policies to help investors optimize costs for investment activities
- Consulting in detail the order and procedures for business investment from abroad into Vietnam
- Consulting on visa issues, temporary residence cards, and work permits for investors
- Providing legal advice on business, labor, intellectual property... for foreign businesses
- M&A consulting: transaction structure consulting, legal appraisal...
b. Drafting documents for establishing foreign-invested companies and sub-licenses
- Drafting documents for approval of investment projects, branches, representative offices of foreign organizations
- Drafting documents to apply for a certificate of establishment of FDI enterprises
- Drafting documents to change business registration information: change investment capital, legal representative, capital contributing members, company address, industry...
- Drafting documents for purchase and sale, transfer of shares, capital contributions, shareholder agreements, investment cooperation agreements...
- Drafting documents to apply for Sub-Licenses for FDI enterprises for conditional business lines such as: Certificate of eligibility for food safety and hygiene, Certificate of security and order, Fire prevention license...
- Drafting lawsuit/counterclaim documents and related documents, if any, in case the business is involved in legal disputes at the Court/Commercial Arbitration
c. Representing to carry out administrative procedures and participating in proceedings
- Representing to carry out procedures for approval of investment projects, branches, representative offices of foreign organizations
- Representing to carry out procedures for establishing FDI enterprises
- Representing to carry out procedures to change business registration information: change investment capital, legal representative, capital contributing members, company address, industry...
- Representing to carry out legal procedures and apply for necessary sub-licenses for conditional business lines so that the enterprise is eligible to operate.
- Representing the Company to participate in proceedings at the Court or Commercial Arbitration Center in case the Company is involved in disputes
3. Why do you need to hire Investment Lawyer in Ho Chi Minh?
Not all investors understand investment regulations clearly. Even if you search for information on the Internet or other media, it is still impossible to optimally solve some difficult investment problems such as: procedural documents, legal regulations, especially the laws of another country, so hiring an Investment Lawyer is the optimal solution because:
- Investment Lawyer in Ho Chi Minh is knowledgeable about investment laws, related fields of law and have extensive practical experience in consulting on legal issues and participating in resolving investment disputes;
- Getting legal advice anytime, anywhere. All your legal issues will be answered quickly and promptly;
- Prestigious service quality provided by experienced and professional Lawyers;
- All client information is absolutely confidential;
- Getting support in solving problems in the most optimal way, minimizing losses for investors;
- Clients will save time, effort and money when learning about investment regulations and carrying out documents and procedures at competent state agencies.
4. What qualities should an Investment Lawyer in Ho Chi Minh have?
A dedicated, reputable and professional Investment Lawyer in Ho Chi Minh must have the following important qualities:
- Must be ethical and dedicated to work, for the legitimate purposes of clients;
- Must have in-depth knowledge and professional capacity in the field of investment and other fields;
- Must have high and sharp thinking ability to solve client problems quickly and effectively
- Must have profound experience, accumulated during the process of studying, training, and participating in resolving actual battles at Court/Arbitration Center;
- Must have good foreign language skills to be able to convey consulting content to investors most accurately.
5. How to find Investment Lawyer in Ho Chi Minh?
Investment is a very complex field, when an investor enters a new market with many complex regulations, it is necessary to find an investment lawyer with high expertise, extensive experience and sufficient qualifications to help investors clearly understand conditions, optimize investment costs as well as prevent future risks. The following criteria will help you find an Investment Lawyer in Ho Chi Minh:
- Having a license to practice Law
- Reputable in the legal industry and in the business community
- Good professional ethics and be friendly with clients
- Practicing at a reputable law practice organization.
With the motto “Respect justice - respect goodwill”, the team of Investment Lawyer in Ho Chi Minh with professional qualifications at PHONG & PARTNERS LAW FIRM is ready to serve you. We have a team of lawyers and experts with many years of experience who will help clients solve problems in the most optimal way.
You can learn more about Investment Lawyer at PHONG & PARTNERS LAW FIRM SYSTEM IN Ho Chi Minh according to the following information:
PHONG & PARTNERS LAW FIRM
PHONG & PARTNERS LAWYER IN HO CHI MINH CITY
Address: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City.
Tel: 0905.503.678
Email: phongpartners.hcmc@gmail.com
PHONG & PARTNERS LAWYER IN TAY NGUYEN
Address: 05 Nguyen Truong To, Dien Hong ward, Pleiku City, Gia Lai
Tel: 0901.955.099
PHONG & PARTNERS LAWYER IN DA NANG
1. Phong & Partners in Hai Chau - Thanh Khe
Address: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe District, Da Nang.
Tell: 02363.822.678 – 0905.102.425
2. Phong & Partners in Son Tra
Address: 01 Dong Giang, Son Tra District, Da Nang.
Tell: 0905.205.624
3. Phong & Partners in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Tell: 0961.283.093
4. Phong & Partners in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Tell: 0905.579.269
5. Phong & Partners in Cam Le - Hoa Vang
Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Tell: 0901.955.099
Email: phongpartnerslaw@gmail.com
Website: https://phong-partners.com
Fanpage: https://www.facebook.com/phongpartnerslaw
https://www.facebook.com/luatsugioinguhanhson
https://www.facebook.com/luatsusontra
https://www.facebook.com/luatsuquanlienchieu
https://www.facebook.com/LuatsuCamLe
6. FAQ related to Investment Lawyer
(1) Forms of investment in Vietnam.
Forms of investment in Vietnam include:
- Investing in establishing economic organizations;
- Investing in capital contribution, buying shares, purchasing capital contributions;
- Implementing investment projects
- Investing in the form of BCC contract
(2) Forms of investment incentives
Forms of investment incentives include:
- Corporate income tax incentives, including applying corporate income tax rates lower than normal tax rates for a term or the entire duration of investment project implementation; Tax exemption, tax reduction and other incentives according to the provisions of law on corporate income tax;
- Exemption from import tax for goods imported to create fixed assets; Raw materials, supplies, and components imported for production according to the provisions of law on export tax and import tax
- Exemption or reduction of land use fees, land rent, and land use tax
- Accelerated depreciation, increasing deductible expenses when calculating taxable income.
(3) 05 tips when investing in Vietnam?
- Market access conditions for foreign investors
For foreign investors accessing the Vietnamese market (doing business in restricted access industries), they must meet the conditions to invest in business industries on the List of business industries with limited market access for foreign investors according to the provisions of Article 9.2 of the Investment Law 2020. These include:
- Business industries that have not yet been accessed the market
- Business industries have conditional market access.
Market access conditions for foreign investors specified in the List of business industries with restricted market access for foreign investors include:
- Charter capital ownership ratio of foreign investors in economic organizations;
- Investment form;
- Scope of investment activities;
- Investor capacity; partners participating in investment activities;
- Other conditions as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties to which the Socialist Republic of Vietnam is a member.
Note: For some business industries, Vietnam’s specialized laws regulate legal capital such as life insurance business, credit business, banking... when choosing to invest in these industries in Vietnam, investors need to pay attention to preparing capital and the ability to mobilize capital so that applying for an investment license can go smoothly.
- Capital contribution account and capital contribution period
Foreign investors can choose to contribute capital in Vietnamese dong or foreign currency. To contribute capital to an enterprise, investors must do so through a direct investment capital account, referred to as “DICA account” (Direct Investment Capital Account). This DICA account will be used to manage and perform transactions related to investment capital. This account is used to carry out transactions related to investment capital including capital contribution, payment of foreign loans, project-related amounts and capital recovery.
Investors need to note that investment capital contributions must be made in accordance with the registered deadline shown on the Investment Registration Certificate. Past the deadline on the Investment Registration Certificate, the Bank opening the capital account may refuse to accept investment capital. Regarding charter capital, according to the provisions of the Enterprise Law 2020, investors must contribute capital within 90 days from the date the company is granted a Enterprise Registration Certificate.
- Capital ownership ratio of foreign investors
When foreign investors want to contribute capital, buy shares, or contribute capital of Vietnamese enterprises, they need to research the provisions in the WTO Commitment Schedule that allow foreign investors to contribute capital at what rate. The ratio of foreign investors’ capital contribution depends on the type of industry the investor intends to invest in and contribute capital to.
Some industries specified in the WTO Commitment Schedule limit the capital contribution ratio of foreign investors such as the securities services industry (foreign investors’ capital contribution cannot exceed 49%), services Transporting goods by road (foreign investor’s capital contribution cannot exceed 51%), mining-related services (foreign investor’s capital contribution cannot exceed 51%)...
- Investment capital level
Current law does not stipulate a minimum level for investors’ contributed capital (except for industries requiring legal capital such as education, clinics, hospitals, air transport business, securities, etc.) However, the level of investment capital needs to be consistent with the company’s scale of operations based on the following criteria:
- Investor’s financial ability and capacity
- Scope, scale and field of operation of the company;
- Actual operating costs of the company after establishment (because the company’s charter capital is for use in the company’s activities after establishment);
- Value of contract to be signed with partner...
In addition, investors need to note the amount of capital contributed affects the application for a work permit and temporary residence card for investors. Contributed capital of 3 billion VND or more will be exempted from work permits and granted temporary residence cards. The duration of the temporary residence card will be longer if the investor contributes a higher capital.
- Project implementation location/company headquarters address
When renting a project location as well as the company headquarters address, investors need to choose a clear rental address, and the lessor must have full documents proving ownership and legal use.
The project location/headquarters of the company must not be located in residential apartments or dormitories. In case of being located in a mixed-use building, there must be a copy with documents proving that the leased portion is used for commercial purposes.
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PHONG & PARTNERS LAW FIRM
PHONG & PARTNERS LAWYER IN HO CHI MINH CITY
Address: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City.
Tel: 0905.503.678
Email: phongpartners.hcmc@gmail.com
PHONG & PARTNERS LAWYER IN TAY NGUYEN
Address: 05 Nguyen Truong To, Dien Hong ward, Pleiku City, Gia Lai
Tel: 0901.955.099
PHONG & PARTNERS LAWYER IN DA NANG
1. Phong & Partners in Hai Chau - Thanh Khe
Address: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe District, Da Nang.
Tell: 02363.822.678 – 0905.102.425
2. Phong & Partners in Son Tra
Address: 01 Dong Giang, Son Tra District, Da Nang.
Tell: 0905.205.624
3. Phong & Partners in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Tell: 0961.283.093
4. Phong & Partners in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Tell: 0905.579.269
5. Phong & Partners in Cam Le - Hoa Vang
Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Tell: 0901.955.099
Email: phongpartnerslaw@gmail.com
Website: https://phong-partners.com
Fanpage: https://www.facebook.com/phongpartnerslaw
https://www.facebook.com/luatsugioinguhanhson
https://www.facebook.com/luatsusontra
https://www.facebook.com/luatsuquanlienchieu
https://www.facebook.com/LuatsuCamLe