Vietnam offers numerous comparative advantages for foreign direct investment (FDI), including a stable socio-political environment, an attractive investment climate, and increasingly investor-friendly policies. However, navigating Vietnam’s complex legal framework requires careful compliance with investment regulations and administrative procedures.

Hung Phi Law Firm is a reputable Vietnam law firm specializing in Foreign Direct Investment (FDI) legal services. We provide comprehensive legal advice and procedural support for foreign investors throughout the entire investment lifecycle in Vietnam. Below is an overview of our professional FDI legal services for foreign investors.

1. Overview of Foreign Direct Investment (FDI) in Vietnam

Overview of FDI activities

FDI refers to an investment made by a foreign entity – an individual or organization – that contributes capital, assets or purchases shares/stakes in another country to either establish a 100% foreign-owned enterprise or gain control of a target enterprise or project.

Below are the common forms of Foreign Direct Investment (FDI):

– Establishment of a 100% foreign-owned enterprise; 

– Contributing capital, purchasing shares/stakes in an enterprise from another country;

– Investment under a business cooperation contract (BCC);

– Forming a joint venture with an individual or organization from another country. 

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2. Benefits of Using Professional FDI Legal Services in Vietnam

To ensure timely, effective, and sustainable investment, it is necessary to consult with a professional investment lawyer. A highly competent and experienced lawyer will help clients achieve the following key benefits:

Ensuring legal compliance: Investment lawyers offer comprehensive consultation on Vietnam’s business investment policies, giving clients a general understanding of the Vietnamese investment legal framework and business culture; advise on clients’ rights and obligations across all investment stages, addressing key requirements for business investment conditions and market access for foreign investors. This ensures regulatory compliance and effectively mitigates legal risks. 

Choosing the appropriate investment structure: Based on the investor’s strategic and financial goals, the lawyers will advise foreign investors on the most suitable investment structure to enhance business efficiency, optimize time and costs; in the event of procedural hurdles, lawyers timely address the issues, overcome obstacles, and mitigate potential investment timeline delays. 

Saving time, effort, and cost: Lawyers prepare the dossier and liaise with competent authorities on behalf of the foreign investors. This helps avoid unnecessary resubmissions, thereby saving clients’ time and money.

Adapting to the changing legal landscape: Vietnam’s investment legal framework is frequently adjusted to meet socio-economic goals in a dynamically evolving economy. Lawyers promptly update clients on regulatory changes and assist them in performing necessary procedures, thereby ensuring the continuity and efficiency of their business.

Providing protection of the clients’ legitimate rights and interests in case of disputes: With high expertise and excellent negotiation skills, investment lawyers advise on effective dispute resolution strategy; assist in negotiating with the opposing party, helping clients maintain their reputation and professionalism.

3. FDI LEGAL SERVICES IN VIETNAM FOR FOREIGN INVESTORS

Professional FDI Legal Services at Hung Phi Law Firm

Hung Phi Law Firm is a leading, trusted law firm in Vietnam with high expertise in the foreign investment sector. We deliver professional legal services on FDI activities, ensuring compliance within the investment process.

Our core FDI legal services include:

3.1. Legal advisory on FDI matters

• Vietnamese investment policies;
• Investment incentives and supports;
• State policies and national guidelines regarding planned areas and investment incentives;
• Forms of investment;
• Sectors, trades and market access conditions applicable to foreign investor;
• Vietnamese legal framework for investment in sectors such as finance and banking, energy, oil and gas, infrastructure, e-commerce,…

3.2. Licensing and investment procedures

• Obtaining the Investment Registration Certificate (IRC) and the approval of investment guidelines.
• The establishment of 100% foreign-invested enterprises, joint ventures; investment under forms of PPP, BCC contracts, etc.
• Contributing capital or purchasing shares/ stakes in other business organizations;
• Obtaining business licenses for sectors such as trade, logistics, education, and manufacturing,…

3.3. Legal due diligence and M&A

• Conducting legal due diligence for mergers and acquisitions;
• Reviewing corporate, land, labor, and contractual compliance;
• Advising on transaction structures and risk mitigation measures.

4. FDI Dispute Resolution Services in Vietnam

During the investment process, disputes may arise within the company due to disagreements on investment plans, business strategies, or from other reasons such as a party’s breach of obligation. In these cases, skilled and dedicated lawyers play a crucial role in helping clients effectively resolve disputes either by negotiation or court proceedings.

With many years of experience in providing high-quality FDI dispute resolution services, investment lawyers at Hung Phi Law Firm assist clients with the following matters:

As for internal disputes:

• Providing legal advice and executing dispute resolution procedures between the corporate and its executives;
• Providing legal advice and executing dispute resolution procedures among shareholders/company members;
• Providing legal advice and executing dispute resolution procedures between the corporate and competent authorities.

As for other disputes:

For each dispute, the lawyers will provide legal advice and execute dispute resolution procedures after determining the core issue, as well as the client’s strengths and weaknesses; they also manage the evidence gathering process and help the client build a strong case. 

In litigation, the lawyers represent clients before the competent authorities and participate in court proceedings. They articulate strong arguments against the opposing party to protect the client’s legitimate rights and interests.

5. Why Choose Hung Phi Law Firm for FDI Legal Services in Vietnam

Why clients choose and trust Hung Phi Law Firm

5.1. Highly experienced FDI lawyers

The lawyers at Hung Phi Law Firm are equipped with expertise, broad knowledge base and an in-depth comprehension of law on investment, enterprise, contract.  With long-standing experience in advising on complex FDI transactions, they will handle your legal requests in a professional manner.

5.2. Reasonable, transparent costs

When using our services, clients will be informed of the service fees publicly, transparently, and reasonably for each case or matter. We accommodate your financial needs with flexible payment terms to ensure clients feel secure and comfortable with our service. 

Hung Phi Law Firm guarantees that no further costs will arise after the fee has been mutually agreed upon in the service contract.

5.3. Commitment to client information confidentiality

All client information is guaranteed to be fully confidential by Hung Phi Law Firm. Hung Phi Law Firm will not disclose any information to any third party without the client’s explicit consent. 

5.4. Professional and attentive service

At Hung Phi Law Firm, we are fully devoted to our work and wholeheartedly dedicated to our clients. We consistently strive to ensure our clients feel confident, satisfied, and secure, confident that their legal issues are handled with the highest level of professionalism and efficiency. 

6. Frequently asked questions

6.1. What are the main contents of a business cooperation contract (BCC)?

According to Clause 1, Article 28 of the 2020 Vietnamese Law on Investment, a business contract (BCC) must have the following principal contents:

a/ Names, addresses and competent representatives of the contracting parties; transaction address or address of the project implementation site;

b/ Objectives and scope of business investment activities;

c/ Contributions of the contracting parties and distribution of business investment earnings between the parties;

d/ Contract performance schedule and duration;

dd/ Rights and obligations of the contracting parties;

e/ Modification, transfer and termination of the contract;

g/ Liabilities for breaches of the contract, method of dispute settlement.

6.2. How much does it cost to hire an FDI lawyer from Hung Phi Law Firm?

We will determine the lawyer’s fee based on the documents, records, materials, and the nature of each specific case to ensure a suitable charge. Please contact us directly to receive the best quotation for your situation.

6.3. What are the market access conditions applicable to foreign investors in Vietnam?

According to Clause 1, Article 9 of the 2020 Vietnamese Law on Investment, market access conditions applied to foreign investors are the same as those applied to domestic investors, except for the case specified in Clause 2, Article 9 of the 2020 Vietnamese Law on Investment.

According to Clause 2, Article 9 of the 2020 Vietnamese Law on Investment, Pursuant to Laws and Resolutions of the National Assembly, Ordinances and 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 signatory, the Government shall promulgate a Negative List for Market Access, including:

a) Prohibited business lines;

b) Restricted business lines.

According to Clause 3, Article 9 of the 2020 Vietnamese Law on Investment, Market access conditions applied to foreign investors specified in the Negative List for Market Access include:

a) Holding of charter capital by the foreign investor in a business organization;

b) Investment method;

c) Scope of investment;

d) Capacity of the investor; partners participating in the investment activities;

The above are the information regarding FDI LEGAL SERVICES IN VIETNAM FOR FOREIGN INVESTORS that Hung Phi Law Firm sends to our Clients. Should you have any questions concerning this matter, or require legal advice for your specific case or incident, please do not hesitate to contact the lawyers of Hung Phi Law Firm today for our timely support and consultation.

Contact Information:

Hung Phi Law Firm

Phone: (+84) 962 75 28 38

Email: luathungphi@gmail.com

Website: hungphi.vn

Sincerely,