PRACTICE AREAS
By teaming together, FIDAL Asiattorneys and FIDAL combine their international standard expertise and know-how within local contexts in order to offer you the advice best suited to your business operations and investments.
We help you more especially in the following industry sectors with their specific challenges and provide such services
Licensing & Company incorporation
We offer a full range of startup legal services across Vietnam and Southeast Asian countries under one service provider including:
- Initial structuring and regulatory advice;
- Establishment of wholly foreign owned companies, joint venture entities and domestic enterprises;
- Registration of branches and representatives offices of foreign traders/investors;
- Permits for Foreign Contractors and establishment of Executives Offices;
- Assistance with investments certificates and permits applications;
- Sub-licenses for operating business in conditional sectors;
- Post-licensing procedures;
- Incorporation of holding companies and offshore companies worldwide;
As one of the largest operations in Asia for registering foreign-owned businesses, we are well equipped to advise companies on the best way to structure their business entities to meet their goals and maximize operational efficiency. We advise on all matters related to cross-border transfers of assets, relocation, as well as mergers and acquisitions.
While clients typically hire us just to handle the business registration procedures, we also offer additional pre-investment value added services that can be critical in making the new venture in Vietnam and Southeast Asia a success from the very beginning.
We also offer post-investment services for companies that are already full registered and have started their operations.
Foreign direct investment & Business development
Fidal Asiattorneys understands the complex legal, political, and public relations aspects of foreign direct investment in Vietnam
and Southeast Asia and has helped a wide range of dynamic and growth-oriented businesses meet these challenges. We work with other professional advisers from different countries, and can assure global expansion using the most appropriate methods.We also helps international companies identify and evaluate overseas investment opportunities by performing due diligence on potential partners and business ventures, conducting country risk assessments, and finding sources of financing, including, foreign government agencies, international organizations, and venture capital.
Our Investment and Business development services focus on the following areas:
- Business Opportunity Introduction and Analysis;
- Business planning for startups;
- Market Entry Strategy Support, Research and Surveys;
- Feasibilities Studies and Due Diligence Reports;
- Business Partner Identification and Contact;
- Coordination and Support of Negotiations with Local Authorities;
- Identification of Project-Specific Location, Site Pre-selection, Visit and Decision Support;
- Identification of Relevant Tax and Legal Issues;
- Project-related Financing and Incentives Consultancy;
- Organization of Meetings with Legal Advisors and Financial Partners;
- Accompanying Incentives Application and Setting up Business Entities Worldwide;
- Accounting system and financial reporting development;
- Incubation services;
- HR planning and structuring;
We are at your side to guide you through the entire investment and business development process.
Contract drafting, Review and Negotiation
If you need help drafting or negotiating contracts, you can rest assured that Fidal Asiattorneys will provide the services you need in order to stay
ahead of the business curve. Our approach to assessing and implementing contracts involves gaining a better understanding of your business so that we can include provisions limiting the various risks and potential liabilities that may specifically affect your business.We assist client in drafting and negotiating numerous types of agreements including the following:
- Employment contracts
- Sales contracts
- Distribution Agreements
- Vendor Agreements
- Real Estate Contracts
- Intellectual Property Agreements
- Termination Agreements
- Business Sale Agreements
- Non-Compete Agreements and Restrictive Covenant Agreements
- Confidentiality Agreements
- Independent Contractor Agreements
- Business Contracts
- Intellectual property licensing agreements
- End-user license agreements
- Shareholder agreements
- Partnership agreements
- Operating agreements
- Employment contracts
- Non-compete and invention disclosure agreements
- Commercial leases
- Software or support Service level agreements (SLAs)
- Vendor/supplier contracts
- Equipment leases
- Entertainment contracts
Advocacy service
We act for corporations, financial institutions, organizations, associations and individual consultant from all sectors providing strong legal
and advocacy mechanism which will address market access issues and improve the business environment in Vietnam and Southeast Asian countries. When our clients come to us with their business case, we evaluate which kind of strategy that would be best suited, and propose tailor-made solutions to support our client´s goals. Our efforts encompass three principal business lines: Lobbying, Policy and Advocacy.
- We support our clients in representing their business interests towards the Vietnamese government.
- Fidal Asiattorneys actively participates in policy work representing enterprises to the government on trade and business policies and has made several submissions on regulatory reforms.
- We offer mediation support, relations management, and intermediation in contacts with the central administration and local governments. We conduct on-going monitoring of business barriers and develop comprehensive legislative solutions to minimize business obstacles.
Office & Meeting room sharing
The popularity of flexible workspace is growing. Shared office space (known as coworking space in some circles) offers the ultimate in flexibility
by providing a professional work environment but when you need it and with affordable rates. At Fidal Asiattorneys, we provide virtual office, coworking, and private office solutions. We offer meeting rooms, offices, private cabins, a shared reception, a business address, and virtual receptionist services. We have many options and price points, and all terms are flexible.
- Smart and quiet environment: privacy is respected and collaboration occurs only when requested, sharing best practices to inspire and develop businesses.
- Premium location in the city center I Spectacular view
- Dedicated workstation with individual lockable cabinet.
- Conference and meeting room: we can accommodate from 2 to 10 delegates in our bright air conditioned room, which is available to hire upon request from 1 hour up to full day.
- Coffee corner with free disposal of hot and cold water
- Internet (high-speed optical fiber, Wi-Fi & unlimited) I Phone lines I Fax line
- Copy services: up to 100 copies per month/per desk
- Guest reception services: I Aircon I Cleaning I Lavatories I Parking (at cost)
- Mailing address: mails and parcels reception & mailing out (at cost)
- Business network & synergies I Crossculture tips I Strategic information sharing
- Ask for special services Price upon request
- Domiciliation / registered office I Mail forwarding to the location you require
- Secretarial support: translation, interpretation, administrative support (visa, booking…), printing services ( documents, visit cards, brochures…)
- Technical assistance: Marketing I IT I HR I Coaching I Accounting I Legal support
Dispute resolution
Disputes are an inevitable part of business. At Fidal Asiattorneys, we assist clients in pursuing different ways of dispute resolution depending on
the nature of disputes and the needs of the client. Our dispute resolution team frequently acts for, give advice and support a vast array of clients in diverse industries, including governmental institutions, state enterprises, multinational corporations, financial institutions, and international organizations.
- Arbitration
- Conciliation
- Mediation
- Pre-litigation extrajudicial settlement endeavours, either as negotiator or by providing background asssitance
- Litigation
Employment Compensation & Benefits Labour Benefits & Immigration
- International mobility (International Executive Services): expatriation and repatriation.
- Executive compensation.
- Labour law / Employment law: advising on, and managing collective and individual labor relations and disputes, managing the labour aspects of national and international restructuring operations.
International corporate taxation
- Optimizing the tax treatment of acquisitions and group operations.
- International structures and financing VAT, customs and indirect taxation.
- Transfer pricing.
Intellectual property – Information technologies
Intellectual and Industrial Property (“IP”)
- Advice and registration assistance of trademarks, designs, models and patent, software codes.
- License agreements, technology transfer agreements.
- IP Rights infringement assistance.
- Information and Communication Technology.
- Helping Startups and Established ICT Businesses with all their legal needs from set up to ongoing, funding and investing.
- Regulatory compliance.
- Privacy law: privacy and data protection policies, compliance, GDPR, DPO mission.
- Drafting and negotiating complex IT Development contracts.
- Advising in the creation and maintenance of websites.
- Protecting and licensing copyrighted content on the Internet.
- Counseling on issues such as privacy, defamation, electronic commerce.
Project management & International contracts: Turnkey solution
- Business center services, company administration and domiciliation, translation of official documents, visa & work permit application.
- Administrative assistance to identification of targets, recruitment & HR, bank account opening, insurance policy.
- Legal and contractual set-up of your trade, services (IT, NTIC, design, consultancy) and industrial projects (pharmaceutical, agrifood, textile, furniture, equipment etc.)
- Preliminary study to assess the feasibility of your project and structuring of the funding.
- Strategic assistance and regulatory analysis to define the best legal structuring for your project including innovative structures.
- Assistance in negociations with local partner(s), provider(s), lessor, Governement and State institutions.
- Product registration, advertising and promotion regulatory compliance, trademark advice and registration.
- Investment and business Licensing; shareholder and joint venture agreements.
- Development of projects related in particular to real estate and the tourism industry (developing and operating hotels, leisure activities and travel agencies).
- Design, drafting and negotiation of complex contracts
- Mediation, pre-litigation and litigation related to your international operations.
- Tenders, Public Procurement, International biddings (Public Private Partnerships, Build Operate Transfer).
Civil law – Wealth management – Executives’ personal assets
- Civil law: international marriages, international divorces, adoption.
- Marital property systems, assistance to surviving spouse.
- Successions, donations, inter vivos estate distribution, hand to hand gifts.
- Management of real estate assets, Business transfer.
- Executives’ personal assets, personal income tax.
M & A
- Assistance with negotiations.
- Legal and tax due diligence reviews, preparation of data rooms.
- Contract law: letters of intent, non disclosure agreements, acquisition agreements.
- National and international taxation.
- Antitrust law aspects.
- Employment law aspects.
- Corporate law aspects.
Trade competition – Distribution – Franchising
- Drafting and registering distribution contracts.
- Distribution agreements and fees.
- Provide information on compliance with local and international taxation issues.
- Provide advice on compliance with disclosure regulations.
- Ongoing coordination with state regulatory authorities.
- Structuring franchise programs.
Banking & Finance
- Refinancing and risk-transfer operations.
- Financing (corporate, project, intra-group).
- Setting up regulated structures.
- Collective investment products.
- Relations with supervisory authorities.
- Strategic alliances in the finance sector.
