Areas of Practices

ATS Lawyers handles a full range of legal services for corporate clients and also individuals, with a track record advising state enterprises, NGOs, companies and well-known foreign investors.

Our sector expertise is also wide-ranging and includes the following industries:

Contracts & Agreements

We provide vital, forward-thinking support to our clients in relation to their contracts and agreements, ensuring that they are comprehensive and free of loopholes and also providing all necessary support in relation to contractual disputes. We assist our clients in preventing and settling contractual disputes in the following ways:

Evaluating, and analyzing risks present in, contracts and agreements
Preparing and drafting contracts and agreements
Negotiating contracts and agreements
Mediating and reconciling contractual disputes
Resolving contractual disputes at court and in arbitration

Project Finance

In recent years ATS Lawyers has developed a very active practice advising foreign funds on the financing of major projects in Vietnam, across the following sectors:

Real estate (commercial and urban developments)
Leisure (hotels and resorts)
Energy (solar and wind farm developments)
Healthcare (hospital facilities)
Industrial (including waste treatment facilities)
Infrastructure (including road and bridge projects)

Our resources in this area have included a range of European investment funds, and also funds based in Korea. Our advice covers all matters of due diligence, financing and security, tax/regulatory and related procedures

Banking & Finance

ATS Lawyers is a trusted advisor of numerous established commercial banks and other financial institutions in Vietnam, acting for multinational as well as domestic entities.

We have the expertise necessary to properly handle the risks associated with transactions in the financial sector, and offer a wide range of services: including identifying risks that may arise from credit transactions, developing banking procedures, providing support on loan and mortgage contracts, and carrying out detailed compliance reviews. In these, we draw on our expertise in political matters as well as legal practice in Vietnam, and we pride ourselves on the considered manner in which we approach risk assessment and result orientation, and on our experience in managing a diverse range of needs and situations.

Whether our clients need us to negotiate, modify or enforce financial arrangements, we provide practical, specialist solutions to achieve positive commercial outcomes for our clients. Our banking litigation practice group sets out to manage litigation in the most efficient manner possible, and has successfully represented commercial banks and other financial institutions in debt recovery and other litigation. Our team focuses on:

Regulatory compliance
Mortgages
Loans and other banking contracts
Banking litigation
Legal risk management
Operational procedures
Debt recovery

Taxation

We provide a full package of taxation services for domestic and foreign-invested companies in Vietnam, delivering tailor-made tax planning solutions and also representing clients before the authorities and courts with regard to disputes.
Our practice covers all types of tax (commercial/sales, individual and VAT, among others) and we advise on matters ranging from compliance/accounting issues to the tax implications of particular transactions. Our team includes senior lawyers who have previously worked at Ernst & Young Vietnam.
Our team focuses on:

Corporate taxation incentives and non-taxation incentives
International taxation services (ITS) and transfer pricing (TP)
Business taxation services (BTS) and business taxation compliance (BTC)
Human capital services
Rulings and controversy
Tax planning
Cross-border taxation
Taxation-related dispute resolution

Civil Matters

We strive to do whatever it takes in order to resolve the legal issues that face clients, in the area of civil matters as in all other areas of our practice, and are committed to ensuring that our work exceeds expectations. We support our clients through every step of these processes, including in relation to investigations, at mediation, at trial, and in relation to case settlement. Our team focuses on:

Real estate transactions
Family matters
Civil mediation and litigation

Real Estate & Construction

Implementing a real estate project in Vietnam comes with a series of challenges that can be difficult to overcome without proper support – from acquiring capital and obtaining the necessary licenses to negotiating all levels of government regulation. To add to this, the legal structure of Vietnam’s real estate market is constantly fluctuating. Our real estate specialists have the necessary hands-on experience to deal with all aspects of property development, and are well versed in sales, acquisitions, leases, sub-leases and mixed-development projects.
We represent developers, private equity funds and investors, and provide a full range of services: from drafting key documents and advising on lease reviews, property management and tax issues to carrying out detailed due diligence investigations to identify and quantify potential commercial risks. Our team focuses on:

Real estate transactions and licensing
Land use and property leases
Construction
Infrastructure
Real estate financing/debt restructuring

Mergers & Acquisitions

ATS Lawyers offers comprehensive services to its clients in the area of Corporate/M&A. These range from handling due diligence exercises on target companies and advising on the minimization of potential risks and related costs, to completing consolidation, merger and share purchase agreements.
We provide an end-to-end service to our clients, in cross-border as well as domestic M&A transactions, and are committed to providing pragmatic advice.
Our team focuses on:

Purchases and subscriptions of equity
Asset and business acquisitions
Mergers and consolidations
Evaluations of the legal status of businesses and projects
Advice on transactional risks and M&A procedures

Labor & HR Management

ATS Lawyers advises many clients on labor-related matters, and is a trusted resource for companies who wish to increase their profits, keep their employees happy and comply with local regulations. Our services cover areas including recruitment, employee benefits, performance appraisal, termination, tax matters, HR management procedures, and dispute resolution.
Our team focuses on:

Employment contracts, including termination formalities
Manpower requirements in compliance with business needs
Labor regulations (regarding matters such as salaries, bonuses, insurance, personal income tax, and labor management)
Reporting compliance
Health and safety at work
Mediation of labor disputes, and representing clients in labor-related proceedings before the courts
Work permit and immigration formalities for expatriates
The establishment and operation of trade unions

Securities & Capital Markets

We have a dedicated and experienced team providing a comprehensive range of services in the area of securities and capital markets. Our work includes assisting local and foreign clients in acquiring and registering publicly offered securities. We also support new companies in establishing securities companies and securities investment fund management companies, including handling license applications. Our team focuses on:

The establishment and operation of foreign-invested securities companies and fund management companies
The registration of public companies
Stock exchange listings
Public company capital increases, and public and private share offerings
Corporate bond issuances and stock market listings
The monitoring of information disclosure activities of both listed and unlisted public companies
Compliance with securities laws

Investment Projects

We advise foreign investors and domestic companies receiving foreign investment. We have supported many foreign clients in obtaining their investment certificates in Vietnam: including offshore companies, joint ventures and domestic corporations operating across diverse business industries. We understand the requirements of investors, financiers and key stakeholders in large-scale investment projects. Drawing on our transactional capability, our relationships and our broad expertise across matters of finance, corporate, tax, and investment law, we assist clients in structuring, acquiring, financing and implementing projects and managing investments in Vietnam at every stage.
Our team focuses on:

Due diligence of investors
Consult, prepare and submiss dossiers required for foreign investment projects
Advice on the implementation of investment projects
Advice on licensing, and on legal issues arising
Advice on project transfers, including licensing procedures

Insurance

The Vietnamese insurance market is seeing considerable growth, as major players in the sector continue to turn their attentions to the jurisdiction.
We are experienced in the insurance sector, handling non-contentious/advisory matters, advising on potential claims, and acting in complex disputes – working collaboratively with in-house counsel as required.
We also support new players in establishing businesses in the sector, including assisting with license applications; and assist foreign insurance enterprises in setting up representative offices in Vietnam and in developing their business in this jurisdiction. Our team focuses on:

Assisting with license application processes
Assisting with compliance matters
Handling advisory work, in areas such as life/non-life insurance and compulsory insurance
Reviewing insurance contracts
Acting in insurance-related matters.

Intellectual Property

We provide a full range of IP services, across copyright and related rights, industrial designs, layout designs, trade secrets, and trade marks. Our practice covers advice and assistance with registration processes, assignment and licensing, and rights protection; and avenues of enforcement and compensation for rights infringement. Our track record includes complex, high-profile IP infringement cases involving civil, administrative and criminal remedies.
Our specialist IP lawyers protect clients’ ideas, brands, inventions, innovations and (above all) reputations. Our aim is to mitigate any commercial implications arising from potential infringements, and to ensure that our clients are able to fully leverage their rights. Our team focuses on:

Copyright registration, and the assignment and licensing of copyright and copyright-related rights
Trade mark registration
Patent registration
Internet and online advertising
Franchising
The negotiation, drafting, evaluation and registration of licenses and technology transfer contracts
Commercialization
Dispute resolution: enforcement and infringement litigation

Legal Translation

Our team stands out for its blend of experience, knowledge and communication skills in both Vietnamese and English. Our senior team members have the benefit of experience working with multinational firms, strengthening their English language skills, and our team also includes a number of foreign associates who are proficient in English. With such resources, we are able to deliver a consistently high-quality legal translation service.

We are fully aware of the importance of the proper understanding and usage of legal terminology in this context. Translation is undertaken with utmost care regarding the legal implications of each subject phrase, to ensure that the translated version is a reliable replica of the original: precise, and with no room for ambiguity.

We undertake the translation of legal documents of all kinds and originating in all contexts: from contractual and investment matters to compliance and international litigation. Our translation services (for both English and Vietnamese documents) are available for documents including the following:

All types of contracts and agreements
Application dossiers Official correspondence
Litigation and arbitration-related documents: applications, statements, and supporting documents
Property-related documents
Expert reports

Enterprise management

We provide customized solutions to our clients, based on their enterprise management needs, to enable them to concentrate on their core business.

We are available to handle legal matters arising at all stages of a company’s existence, from inception to closure; our services range from company formation and advice on investment projects, taxation, IP and compliance, to support on M&A, reorganization and reconstruction, dispute resolution, liquidation and winding-up.

Our experience includes assisting clients in structuring deals in compliance with all applicable laws and regulations; and conducting detailed due diligence exercises in preparation for proposed transactions. We also routinely assist clients in negotiating contracts and finalizing transactional and other business documentation, including industry-specific documents.

Business Structure & Management

Corporate structure and business management play key roles in the operational effectiveness and success of an enterprise. Our lawyers provide clients with a suite of effective solutions in the area of business restructuring and management. Our work includes assessing compliance of internal procedures with relevant regulations to minimize risk; assisting clients in assessing the effectiveness of their organizational structures; and implementing reorganizations and restructurings so that business activities can be carried out more effectively.
Our team focuses on:

The evaluation of existing organizational structures and business activities
All forms of corporate reorganization
Procedures related to the reorganization and restructuring of business activities
Changes of ownership structures
Changes of business operations

Corporate & Compliance

We advise not only on all legal aspects of business operations, but also on the regulatory and political challenges facing them. Our corporate lawyers draw on years of experience acting across many sectors, to provide clients with comprehensive advice on matters of corporate governance and compliance and to help minimize potential risks and threats.
We act for many types of foreign-invested companies and domestic enterprises, and are well versed in establishing and reviewing compliance programs to meet all applicable standards – being careful to take into account existing organizational and management structures, culture and expectations. Our team focuses on:

Antitrust compliance
Business organization and management models
Business restructuring
Market entry services
All aspects of corporate governance, including the development of guidelines and policies; self-evaluation systems; and responses to changing legislation
Retainer services
Compliance with legal and ethical requirements
Crisis management

Mediation Services

We appreciate that in some instances, where a dispute has arisen, the client’s preferred course may be to settle without formal (and costly) litigation proceedings. We have an experienced offering in the area of mediation to support clients in these circumstances.

We are available to mediate cases of all kinds, both local and international: including commercial/contractual, corporate governance, banking and employment disputes.

Litigation Services

We are experienced in the field of dispute resolution and have acted in cases at all levels of the Vietnamese court system. As well as acting in formal litigation proceedings, we are active in our support for alternative dispute resolution.
We pride ourselves on our strategic approach to disputes. We will always begin the process by engaging in a comprehensive discussion with our clients and reviewing the relevant documents, in order to determine the most efficient and appropriate response to their particular situation.
Our team focuses on:

Information/evidence collection
Litigation
Arbitration
EnforcementMediation and conciliation

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