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Litigation & Dispute Resolution

We have a growing dispute resolution practice that complements our other practice areas. We routinely advise on a wide range of disputes including shareholder disputes, labour disputes and other commercial disputes.

Foreign and Local Investment.

In the past several years, culminating in its accession to the WTO in January 2007, Vietnam has taken active steps to revamp its entire legal framework for business and investment in Vietnam, to create a more favourable environment for both foreign and local investors. The Investment Law, which regulates how an investment in Vietnam may be approved, and the Law on Enterprises, which sets out the types of corporate vehicles investors may establish to carry out their investment projects, are fundamental to these developments.

For example, the Law on Enterprises abolishes the distinction between a local and a foreign company and between both of these and a state-owned company. All types of companies must now operate by the same corporate governance rules. This should create a level-playing field for doing business, since the failure to comply with these corporate rules will lead to personal liability for directors or officers of a company, regardless of whether the company is foreign-owned, Vietnamese owned or state-owned. The Investment Law also now applies to both local and foreign investors.

A number of important and sensitive service sectors such as financial services, telecommunications and distribution services will be opened to market access offering opportunities for both foreign and local investors.

We are able to advise on the law and regulations and the obtaining of requisite registration and licensing requirements.

 

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