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
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
- Loans and other banking contracts
- Banking litigation
- Legal risk management
- Operational procedures
- Debt recovery
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
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
- 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
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
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.
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
- The negotiation, drafting, evaluation and registration of licenses and technology transfer contracts
- Dispute resolution: enforcement and infringement litigation
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