Vietnam is one of the most favored destination for foreign investors among other Southeast Asian countries in recent years. As of today, Vietnam is a member of more than 17 FTAs that have been signed or will come into effect or in the discussion, this would create more opportunities for legal entities in Vietnam to strengthen their capacity in all type of business areas.
The key factor is that how legal entities, with limited ability in updating and interpreting the new legislations, can quickly adapt with the rapid changes of the regulations in Vietnam.
Corporate Services is structured to assist all legal entities, not only for the first steps in Vietnam market but also during their life cycle by offering solutions in compliance with the laws, rules, practices and implementing them effectively to tackle the complexity of administrative procedures.
We will assist Client in providing a Regulatory Report covering our comments on various major issues related to the establishment and operation of a legal entity in Vietnam (i.e.: general condition for company establishment, scope of operation, corporate governance structure, licensing procedures, comments on taxes compliance requirements, tax incentives, labour issues, SHI and other regulatory issues that may effect the operation of the legal entity).
In addition, we also provide some recommendations to eliminate or mitigate the negative impacts of these issues and help the legal entity to achieve most advantages.
Regulatory Report will be of benefit as it helps the investors make informed decisions prior to the commencement of the licensing process and other subsequent activities.
We will assist the Client in preparing and submitting the application dossiers for issuing the Approvals/Licences/Certificates, acting on behalf of Client to deal with the competent authorities, following up and obtaining the Approvals/Licences/Certificates on Client’s behalf.
The package of Corporate Secretarial Services will comprise the following elements:
- Preparing the draft of documentations of board meetings, including: Board Meeting Notice, Meeting Minutes/Resolution, Certificate of capital contribution.
- Preparing, submitting and following up the application files for updating changes, if any, to the Approvals/Licences/Certificates as regulated by law.
- Custody for safe keeping of the Client’s original documents (Approval/Licences/Certificates), stamp/seal and any other internal documents.
Under this assignment, we can support Client by appointing our qualified professional to support in business operation in Vietnam as an in-house management level while the Client could not immediately appoint someone reside in Vietnam. This arrangement would help the Company to comply with the prevailing regulations.
In general, for (i) mid-term and long term loans (ii) renewed short-term loans which have more than 01 (one) year of maturity term are required to be registered with the State Bank. In this regard, we will assist Client in:
- Providing Client the template of Loan Agreement which has included the required terms for loan registration processes;
- Advising Client on the legislation requirements on application process;
- Preparing and submitting the application for Loan Registration/Amendment;
- Dealing, discussing with the officer for updating the process and providing additional documents, if requested;
- Obtaining the Approval from the State Bank on Client’s behalf.
Trademark Registration is a procedure for establishing ownership of the applicant by submitting a request to the Department of Intellectual Property to grant a trademark protection certificate. In this regard, we will assist Client in:
- Providing Client an overview of the procedures for application process;
- Performing a trademark search to determine the registrability of the mark compared to others of the same type already registered.
- Preparing and submitting the application for Trademark Registration;
- Dealing, discussing with the officer for updating the process and providing additional documents, if requested; Obtaining the Certificate on Client’s behalf.
This services is designed to cover on-going requests for information without the need to render files for each separate query. The retainer fee is, therefore, an estimate of the aggregate fee that will be incurred in highlighting issues responding to such enquiries and is determined by reference to the expected time spent in responding to the queries raised. This services is particularly useful at the early market entry up stage as it allows the Clients to have access to our professional advice, assistant and support.
Where day-to-day enquiries requires extensive research, we will discuss this with Client on the separate engagement.
The responses will be focused on the enquiries in relation to the application of the relevant laws/regulations, company structures, taxation, labour … and other general issues.