During their operation, corporates regularly engage in negotiating, signing, and executing transactions with partners, as well as organizing internal meetings to formalize business decisions. This process requires strict legal compliance, a solid understanding of Vietnamese legal framework and international treaties to which Vietnam is a party. A minor inaccuracy can lead to significant adverse effects on business efficiency and increase the likelihood of dispute.

To mitigate risk and maintain business sustainability, Hung Phi Law Firm introduces information about Professional corporate in-house lawyers in Vietnam as follows.

1. The role of an in-house lawyer in Vietnam

The role of an in-house lawyer

The corporate in-house lawyer plays a crucial role in assisting clients with the following matters:

Ensuring legal compliance: The in-house lawyer updates clients on law and policy changes, providing in-depth legal advice and analysis of the potential benefits and risks before making business decisions. They also address legal issues to maintain corporate compliance and mitigate risks.

Drafting and reviewing legal documents: The in-house lawyer will assist clients in establishing  professional internal documentation, including the company’s charter, the company’s rules and regulations, labor contracts, employee training policies…, to ensure effective operation and transparency, thereby enhancing credibility with partners and customers. Furthermore, the lawyer reviews contracts and major business transactions, promptly amending unfavorable clauses.

Protecting client’s legitimate rights and interests: When disputes arise from business activities, the in-house lawyer provides sound and effective dispute resolution strategies, thereby protecting the enterprise’s reputation and assets.

Helping clients adapt to a changing legal landscape: As part of ongoing economic integration, new regulations are often introduced, leading to procedural changes that present significant challenges for investors. Lawyers update clients on crucial legislative changes, advise on their rights and obligations, and promptly adjust legal documents to ensure compliance and maintain efficiency in business operations. 

>>SEE ALSO:

PROFESSIONAL FOREIGN INVESTMENT LEGAL SERVICES IN VIETNAM

2. Professional in-house legal services in Vietnam at Hung Phi Law Firm

Professional in-house legal services at Hung Phi Law Firm

Hung Phi Law Firm is a reputable and trusted law firm in Vietnam, with key expertise in corporate law, commercial business, and contracts. Our in-house lawyers are highly experienced, possessing strong legal reasoning and excellent negotiation skills, and a deep understanding of corporate operational structure and business culture. We are committed to delivering effective legal services that ensure regulatory compliance and transactions validity. 

The following are the in-house legal services that Hung Phi Law Firm regularly provides:

2.1. In-house Legal Services for Corporate Procedures in Vietnam

Our in-house legal services focus on corporate administrative procedures, internal restructuring, and legal matters relating to labor, tax, and commercial operations arising during a company’s management and daily business activities.

Corporate Governance & Internal Compliance

• Providing regular legal updates on Vietnamese laws and policies;
• Advising on drafting and revising the company’s charter, internal labor regulations, and internal governance rules;
• Reviewing and standardizing internal legal documents and corporate policies;
• Advising on collective labor agreements and internal working regulations;
• Advising on disciplinary procedures and employee damage compensation matters.

Investment, Business Registration & Licensing

• Advising on and carrying out procedures for obtaining the Investment Registration Certificate (IRC);
• Advising on and carrying out procedures for obtaining the Enterprise Registration Certificate (ERC);
• Advising on and carrying out procedures for obtaining business licenses in conditional sectors such as trade, logistics, education, manufacturing, and other regulated industries;
• Advising on investment reporting obligations and regulatory compliance for enterprises in Vietnam.

Corporate Structure & Restructuring

• Advising on and carrying out procedures for the establishment of branches and representative offices;
• Advising on and carrying out corporate restructuring procedures, including mergers, consolidations, divisions, and separations;
• Advising on and carrying out corporate dissolution procedures.

Capital, Shareholding & Ownership Changes

• Advising on and carrying out procedures for capital contribution;
• Advising on and carrying out procedures for transfer of shares or capital stakes;
• Advising on legal compliance related to changes in ownership structure, especially involving foreign investors.

Tax, Customs & Commercial Compliance

• Advising on and carrying out procedures relating to tax and customs matters;
• Advising on bidding and auction procedures;
• Advising on labor and employment compliance;
• Advising on foreign exchange regulations and compliance;
• Advising on legal issues related to commercial contracts arising during business operations.

2.2. In-house Legal Services for Contracts and Commercial Transactions

Below is the scope of work for in-house lawyers regarding contractual matters:

(1). Advising on, drafting contracts, including: 

– Business contracts;

– Contracts for the international sales of goods;

– Manufacturing contracts;

– Processing contracts;

– Business cooperation contracts (BCC);

– Capital contribution agreements; 

– Share/stock purchase agreements; 

– Service contracts; 

– Advertising contracts; 

– Real estate lease agreements;

– Construction contracts;

– Other types of contracts; 

(2). Negotiating contract terms and conditions;

(3). Providing interpretation of the terms of contracts; 

(4). Reviewing contracts, amending unfavourable clauses;

(5). Participating in contract dispute resolution;

(6). Advising on other contractual legal issues.

2.3. In-house Legal Services for Corporate Dispute Resolution in Vietnam

When a dispute arises, the in-house lawyer assists the clients with the following tasks:

– As for internal disputes

+ Providing legal advice and executing dispute resolution procedures between the corporate and its executive;

+ 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

+ Providing legal advice and executing commercial dispute resolution procedures;

+ Providing legal advice and executing dispute resolution procedures regarding intellectual property (IP) rights and technology transfer.

3. Why clients choose and trust Hung Phi Law Firm

Why clients choose and trust Hung Phi Law Firm

3.1. Highly skilled lawyers

Our in-house lawyers in Vietnam have profound legal expertise and experience in various fields such as corporate, tax, labor, civil, and accounting law. We support clients across all their legal needs, from regular legal advice to complex dispute resolution.

3.2. 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.

3.3. 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. 

3.4. 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. 

4. Frequently asked questions

4.1. What is the limitation period for initiating legal action with respect to contracts?

Pursuant to Article 429 of the 2015 Vietnamese Civil Code, the limitation period for initiating legal action to request a court to resolve a dispute relating to a contract is three years from the date on which the person with the right to make the request knew or should have known that his/her lawful rights and interests were infringed.

4.2. How much do in-house legal services in Vietnam cost?

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.

4.3. What should be done when the company’s legal representative goes on a business trip abroad?

Pursuant to Clause 3, Article 12 of the 2020 Vietnamese Law on enterprises, an enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one at-law representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize in writing another person to exercise the rights and perform the obligations of the at-law representative. In this case, the at-law representative shall remain responsible for the exercise and performance of the authorized rights and obligations.

If you are a foreign-invested company or a local enterprise seeking reliable in-house legal services in Vietnam, Hung Phi Law Firm is ready to support you. Contact our corporate lawyers today for tailored legal solutions.

Contact Information:

Hung Phi Law Firm

Phone: (+84) 962 75 28 38

Email: luathungphi@gmail.com

Website: hungphi.vn

Sincerely,