indochine council
DESCRIPTION
IC ProfileTRANSCRIPT
Content
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ABOUT US 04
The Firm 04
Our Objective 06
Our Philosophy 08
Our Clients 09
Our Professional Cooperation 10
AREAS OF PRACTICE 12
Inward Investment 14
Mergers & Acquisitions 15
Banking & Finance 16
Taxation 19
Technology & Media 20
International Trade 21
REPRESENTATIVE CLIENTS 22
Think Business, Practising Law
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About Us
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The Firm
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Indochine Counsel is a business law-focused practice established in Vietnam on 18 October 2006, on the cusp of Vietnam’s entry into the World Trade Organisation (WTO) and the symbolic 2006 APEC Meeting in Hanoi. With the focus in the Indochina region, especially Vietnam - an ever changing and growing marketplace, the firm assists both international and local clients in meeting their legal needs related to their business and investment. The firm’s major areas of practice include inward investment, corporate & commercial, mergers & acquisitions, securities & capital markets, banking & finance, property & construction, taxation, intellectual property, technology & media, international trade, and dispute resolution.
Having thrown open its doors last October on the back of heightened foreign interest in Vietnam, new local law firm Indochine Counsel has succeeded in growing a long and healthy client list as it sells its vision of becoming a leading business law firm.
Asian Legal Business, July 2007
Our team brings together local knowledge and international expertise, made up of more than 20 professionals and legal practitioners, including partners, associates, consultants and patent attorneys. Our lawyers are well qualified and have substantial experience with major local commercial law firms and international firms in Vietnam. The team is led by Mr. Dang The who has been recognized as a leading business lawyer in Vietnam for “Corporate/M&A” in Global Counsel 3000 (2003/2004) and PLC WhichLawyer (2006/2007).
Duc
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About Us
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Our Objective
Indochine Counsel’s objective is to provide quality legal services and add value to clients through effective customized legal solutions that work specifically for the clients.
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About Us
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Our Philosophy
Fully understanding the clients’ business so as to help clients achieve their overall business goals
Providing premier legal services at reasonable cost
Encouraging an entrepreneurial spirit, and a proactive, creative problem-solving environment among people of the firm, to find the best legal solutions for every single deal or transaction
Building and maintaining a long-term relationship with clients
Providing an open and friendly working environment, while respecting for differences and individuality
Sharing success among our people, and contributing to the wider society
To achieve the firm’s objective, we are committed to:
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Indochine Counsel represents local, regional and international clients in a board range of matters including transactional work and cross-border transactions. Our clients are diverse, ranging from multi-national corporations, foreign investors, banks & financial institutions, securities firms, funds and asset management companies, international organizations, law firms to private companies, SMEs and start-up firms in Vietnam. Each client is of paramount importance to us and lays the foundation for our success.
Our Clients
Each client is of paramount importance to us and lays the foundation for our success.
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About Us
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Our Professional Cooperation
To bring the clients with international expertise, especially in cross-border transactions, Indochine Counsel maintains working relationship and cooperation with a number of international and regional law firms. Some firms which Indochine Counsel has worked with include: Arent Fox LLP (USA), Orrick, Herrington & Sutcliffe LLP (USA), DLA Piper (UK), Keystone Law Corp (Singapore), Gorrissen Federspiel Kierkegaard (Denmark), Focus Advokater (Denmark), Ladegaard, Rasmussen & Partnere (Denmark), David Lim & Partners (Singapore), JW Law (Korea), DFDL/Mekong Law Group (Indochina), Tilleke & Gibbins (Thailand), Raja, Darryl & Loh (Malaysia) and Cheang & Ariff (Malaysia).
Our Alliance
In Vietnam, we have entered into a strategic alliance with LEADCO, a well-established law firm based in Hanoi. Through this alliance, Indochine Counsel can serve clients nationwide, and we together can leverage the strengths of the two firms for the best interests of our clients.
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Our Alliance
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Area of Practice
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Areas of Practice
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Indochine Counsel is proud to represent and advise clients on all legal aspects related to investing and doing business in Vietnam, including the following major areas of expertise:
Inward Investment
Corporate & Commercial
Mergers & Acquisitions
Securities & Capital Markets
Banking & Finance
Property & Construction
Taxation
Intellectual Property
Technology & Media
International Trade
Dispute Resolution
Areas of Practice
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Inward Investment
Inward investment or foreign investment is one of the core practices of Indochine Counsel. We have advised and assisted various foreign investors to set up investment projects and helped them during operations in Vietnam.
The main aspects of our Inward Investment Practice are:
Market entry advice: Legal research and legal assessment including legal due diligence
Investment structure and licensing matters: Providing advice and preparing legal documentation for obtaining investment license/ approval for 100% foreign owned companies, joint ventures, business cooperation contracts, and other business vehicles
Representing clients in negotiations of legal documentation
Working with government authorities and attending to administrative procedures
Corporate & CommercialOur Corporate & Commercial Practice provides the full range of legal services to corporate clients in various industries. We advise clients on corporate compliance and regulatory issues related to their business operations.
Our service offerings include:
Incorporation and registration of branches and representative offices in Vietnam, Laos and Cambodia
Corporate secretarial services
Compliance matters and regulatory issues
Commercial contracts and related contractual matters
Labour & employment issues
Handling post-licensed procedures for foreign invested projects
Advising on regulatory issues in connection with the operation of foreign invested projects in Vietnam
Investment liquidation and corporate restructuring
Licensing, agency and distributorship
Corporate governance & director duties
Corporate reorganization & restructuring
Corporate insolvency
Incorporation of companies & investment vehicles in offshore jurisdictions
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Mergers & Acquisitions
Indochine Counsel’s lawyers have been at the forefront of M&A/Private Equity practice in Vietnam. We have acted as the legal counsel for quite a few landmark M&A deals in Vietnam (both cross-border and domestic ones) since the M&A activities started in Vietnam. Some of our lawyers have been rated by business community and legal professionals as leading experts in this area, given their substantial experience and international expertise in cross-border transactions. In addition to Vietnam,
we also advise clients in Laos and Cambodia on acquisition of investment projects there especially in the mining & energy sectors.
Our M&A & Private Equity Practice covers the following:
Deal and transaction structure advice
Due diligence investigations
Preparation and negotiation of acquisition agreements for equity and assets, merger agreements and other transactional documents
Securities & Capital MarketsAt the forefront of Vietnam’s rapidly evolving financial & capital markets, we advise and assist financial institutions, securities companies, fund managers, listed companies and unlisted companies in fund raising in the capital markets by primary and secondary issues of securities. The Securities & Capital Markets Practice is closely linked to our Banking & Finance Practice.
Compliance advice on regulatory matters for listed companies
Initial public offerings by companies in Vietnam
Advice on listings of companies in Ho Chi Minh City Stock Exchange (HOSE) and Hanoi Stock Trading Centre (HASTC)
Due diligence and issuance of legal opinions in respect of Vietnamese laws for international offerings
Leveraged management buyouts and buy-ins
Corporate governance, director duties and disclosure
Governmental filings, approvals and registrations
Advice on taxation and related matters
Equitisation (privatisation) & reorganization
Corporate restructuring
Equity-related fund raisings such as rights issues, private placements & convertible securities
Investment fund formation and fund-related work including structuring, preparing, and listing
Our Securities & Capital Markets Practice includes:
Areas of Practice
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Banking & Finance
We advise local and foreign banks, financial institutions and corporate borrowers on Vietnamese laws related to a variety of loans and other debt-related instruments and financing transactions.
Legal opinions for loans or financing transactions, including due diligence investigations
Project finance
Property development finance
Asset and asset-backed financing
Security structure and types
Property & ConstructionWith the rapid growth of the property market in Vietnam, our Property & Construction Practice has been very active in real estate transactions, property financing and construction related work. We advise property developers, lenders, real estate investment funds, local and foreign investors, contractors, consultants and property managers, on a wide range of matters.
Advising on regulatory issues for property development & construction projects
Commercial and residential acquisitions (including site acquisitions), sales & leases
Property developments & investments including joint ventures
Property financing
Governmental approvals, registrations and enforcement of loans and security
Review and drafting of banking documentation
Legal compliance & regulatory advice
Contractual matters for landlords and tenants
Property management
Government relations & licensing matters for property projects
Construction contracts, procurement contracts and EPCs
Advising on contract administration
Our Property & Construction Practice covers the following:
Our Banking & Finance Practice includes:
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Areas of Practice
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TaxationOur Tax Practice provides clients with tax planning and tax advice related to all business vehicles in Vietnam. Our tax lawyers advise on corporate income tax, personal income tax (for both local and expatriate staff), VAT, import & export duties, and we work closely with audit firms for tax planning for corporate clients.
Our Tax Practice covers:
Tax planning
Tax incentives and preferential tax treatment
Tax disputes and investigations
Withholding tax on cross-border transactions and services
Capital gain tax for mergers & acquisitions
Intellectual PropertyWe offer a broad range of services in intellectual property and IP-related matters. Intellectual property practice is handled by our IP & Technology Practice Group. The Group assists local and international clients in creation, protection, enhancement and enforcement of their intellectual property rights in Vietnam, Laos, Cambodia and other countries through our networking with IP agents and patent firms worldwide.
Availability searches and pre-filing advice
Registration of trade marks, copyrights, designs and patents in Vietnam and other countries worldwide
Assignments & renewals
Licensing, technology transfer, franchising and IP-related contracts
Intellectual property audits & investigations
IP counseling and management of IP portfolios for the clients
Passing off & anti-piracy actions
Domain names
Enforcement of intellectual property rights
The firm is a member of International Trademark Association (INTA), Asian Patent Attorneys Association (APAA), Vietnam Intellectual Property Association (VIPA), and the ASEAN Intellectual Property Association (ASEAN-IPA).
Taxation for real estate & property development
Transfer pricing
Tax refund (import VAT & customs duties)
Inward and outward investment structuring
Our Intellectual Property Practice includes the following:
Areas of Practice
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Technology & Media
Our Technology & Media Practice is the most dynamic practice in the context of developments in the fast growing economy of Vietnam particularly in the IT, media and telecom industries. Indochine Counsel represents and advises technology firms, telecom companies, media & entertainment companies, internet service providers and value-added service suppliers.
E-commerce and internet laws
Data privacy and security
Media & entertainment laws
IT outsourcing agreements
Content/production agreements
Procurement/supply agreements for IT & telecom products and services
IT & telecom projects
Technology & Media Practice is handled by our IP & Technology Practice Group.
Our services include advice on the following:
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International Trade
As Vietnam is now a member of WTO (admitted on 11 January 2007), and with the increased exposure and further integration into the world economy, Indochine Counsel has expanded its practice to cover international trade matters. We have worked closely with an international law firm from the US representing local Vietnamese companies in anti-dumping cases, safeguard investigations, and customs audits.
In collaboration with international counsels and auditing firms, our International Trade Practice advises local companies on the following issues:
WTO rules & regulations
International sales contracts and related matters
International trade issues
Anti-dumping proceedings, countervailing duty, and safeguard investigations
Customs & import compliance
Export controls and economic sanctions
Dispute Resolution
We represent clients before courts and arbitration forums in Vietnam in commercial, corporate, international trade, construction, intellectual property and labour disputes. Our lawyers and of counsels (litigation lawyers) have extensive experience in court proceedings in provinces and cities nationwide at all levels.
Our Dispute Resolution Practice includes:
Negotiation and voluntary settlement
Representing clients before court proceedings and government authorities
Arbitration proceedings
Alternative dispute resolution
Representative Clients
Professional Firms
Local Companies An Duc Brand Communications
Ben Thanh AA
CMC Group
Dong A Securities
Golden Communication Group
Golden Pig JSC
HALS Group
KIDO Corp
International Clients Asia Project Consultants
(Singapore)
Aureos Capital (UK)
BP Petco Limited (UK)
Charter Century Group Limited (Hong Kong)
DICO A/S (Denmark)
Erria A/S (Denmark)
Fontana Organization (Denmark)
Gimpex Limited (India)
Green Cross Vietnam Co., Ltd. (Philippines)
Guthrie GTS Ltd (Singapore)
Houghton 1993 Thailand Co., Ltd. (Thailand)
HR2B / SantaFe (Denmark)
ILA Vietnam (Australia)
Jebsen & Jessen (SEA) Pte Ltd. (Singapore)
Katsuki Archidesign Inc (Japan)
MagRabbit, Inc. (USA)
Mega Lifesciences (Thailand)
MOANA Technologies LLC (USA)
NIIT (India)
Nuplex Resins Vietnam (Australia)
Ngoc Suong Group
Nam Hoa Corp
Paragon Corp
Phong Phu Corp
RISS International School
Rosaco
Saigon Gas
SaigonTel
Savico
Southern Bank
Thanh Viet Investment Management Corp (TVMC)
Thuy Loc Corp
Van Phat Hung JSC
Vinabico
Orana A/S (Denmark)
PEB Steel Group (Cyprus)
Providential Capital, Inc. (USA)
P.T. Propan Raya Industrial Coating Chemicals (Indonesia)
Ritex Vietnam (Taiwan)
Saigon North International (Singapore)
Solitaire Land (Hong Kong)
Symons Corp / Dayton (USA)
Vietnam Asset Management Limited (Cayman Islands)
VinaCapital Group
The client portfolio here is not exhaustive. It simply reflects the clients’ trust in us and how much we are proud of having them as clients.
Arent Fox LLP (USA)
David Lim & Partners (Singapore)
DLA Piper Singapore Pte Ltd
DLA Piper Tokyo Partnership (Japan)
Focus Advokater (Denmark)
JW Law (Korea)
Keystone Law Corp (Singapore)
Ladegaard, Rasmussen & Partnere (Denmark)
Orrick, Herrington & Sutcliffe LLP (USA)
Raja, Darryl & Loh (Malaysia)
Tilleke & Gibbins (Thailand)
Zetland Financial Group Ltd. (Hong Kong)
Unit 4A2, 4th FloorHan Nam Office Bldg 65 Nguyen Du, District 1Ho Chi Minh City, VietnamT +848 823 9640F +848 823 9641 E [email protected] & [email protected] www.indochinecounsel.com
With Affiliated Office in Hanoi
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