ABOUT COMPANY

Unilaw - your trusted partner in maritime, insurance, and investment law in Vietnam. With professionalism and honesty, we are dedicated to providing straightforward yet effective legal solutions, helping your business grow and prosper.

PRACTICE AREA

Unilaw provides legal consultation and advocacy services to protect the rights and interests of our clients in the following areas

WHY CHOOSE US

The international trademark, in-depth expertise, competitive fee and reliable service are reasons for which the clients have chosen us.

A MEMBER OF UNILAW NETWORK

Unilaw is an international network of independent law firm across Europe and beyond, established since 1970

IN-DEPTH EXPERTISE

Unilaw are expertise in dealing with legal issues in the Real Estate Business, Forwarding & Insurance, E-commerce & IT, Franchising & Technology Transfer.

COMPETITIVE FEE

Unilaw believes that the businesses have right to access to legal advice as necessary. We therefore offer a very competitive fee for services we provide.

RELIABLE

More than 800 clients from 11 different countries have trusted us to protect legitimate rights and interests in their business actitivites.

OUR ATTORNEY

Unilaw attorneys graduated from foreign law universities in the United State, Germany and France. We have also gained valuable over 15-year experience whilst working for foreign organizations.

VIEW ALL ATTORNEY

CLIENTS TRUST US

We treat each client with the upmost personal respect and dignity by listening to all of the matters that are important to them.

OUR FAQS

We suggest you read our FAQ below as the answer to many of our most common enquiries are contained there. If your question is not listed you can contact us.

VIEW ALL FAQS

We will:

  • Protect and promote your interests and act for you.
  • Discuss with you your objectives and how they should best be achieved.
  • Act competently, in a timely way, and in accordance with instructions received and arrangements made.
  • Provide you with information about the work to be done, who will do it and the way the services will be provided.
  • Protect your privacy and ensure appropriate confidentiality.
  • Treat you fairly, respectfully and without discrimination.
  • Give you clear information and advice.
  • Keep you informed about the work being done and advise you when it is completed.
  • Charge you a fee that is fair and represents value to you.  We will let you know how and when you will be billed.
  • Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers to clients are described in Law on Lawyers.  Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

The names and status of the members of our office who will complete your work are set out in our client care letter.

We will treat all information we hold about you as private and confidential and will not disclose any information we hold on your behalf or about you unless we are required to do so by law or where it is necessary to do so to provide our services to you or when requested by you or with your consent.  Our duty of care is to you and not to any other person.  Before any other person may rely on our advice we must expressly agree to this in writing.

We will endeavour to provide a fixed price for the work.  This will be for the whole service or just part of it.  We will scope the work as part of that price.  If the scope changes then the price may change.  If we need to calculate our fee on a time and attendance basis then the following hourly rates will be applied: – lawyers, legal executives and managers, support staff.

We will notify you of any fees or disbursements that need to be paid for in advance.

If you have any concerns or complaints that you prefer not to raise with the person who completes your work please contact us (legal@unilaw.vn). We are committed to resolving any issues as soon as possible.

OUR JOURNAL

Visit the link below for more information the business legislation system in Vietnam and any other questions you may have.

CLEAR AND CONSISTENT INSURANCE CONTRACTS AND CERTIFICATES: ADVICE FROM UNILAW – A VIETNAM INSURANCE LAW FIRM

In the intricate realm of insurance contract disputes, the role of Vietnam insurance law firms becomes critical, as every nuance in a contract can significantly impact the case’s resolution. A prime illustration of this is the case 05/2023/KDTM-PT dated 20/03/2023, involving DN Import-Export Limited Liability Company and BD Joint Stock Insurance Corporation. Drawing from the expertise typical of Vietnam insurance law firms, Unilaw provides insightful guidance for insurance companies, underscoring the importance of legal precision in such matters.

(more…)

Continue Reading
23 Tháng Mười Hai 2023

THE IMPORTANCE OF LEGAL SERVICES IN INVESTMENT: LESSONS LEARNED FROM INVESTMENT DISPUTES

In the business environment of Vietnam, understanding the regulations and legal consequences related to investment is crucial. The necessity of investment legal services is vividly highlighted in a prominent issue – the property dispute case between Mr. Kim Heung S and Company M in Vietnam. This case not only deepens our understanding of Vietnamese investment law but also showcases the importance of utilizing investment consulting services in Vietnam from law firms like Unilaw.

The Decision No. 21/2017/KDTM-GĐT dated July 14, 2017, by the Supreme People’s Court of Vietnam, concerning the property dispute between Mr. Kim Heung S and Company M, underscored the role of Investment consulting services in Vietnam in resolving complex disputes. This case involved a joint venture contract, a factory lease agreement between the parties, and ownership rights over a plot of land and a factory in Vietnam.

Context and Development of the Case

In early 1993, Company DK (South Korea) decided to invest in Vietnam in the garment export sector. Private Enterprise M (PE M) of Mr. Han Phuc S and Mrs. Duong Thi Mai K was chosen as the joint venture partner.

The Joint Venture and Factory Lease Contract: Company DK and PE M signed a joint venture and factory lease contract. Mr. Kim Heung S from Company DK transferred money to Mr. S and Mrs. K for purchasing land and constructing a factory.

Property Dispute: During the operation, disputes arose over the ownership rights of the land and the constructed factory. Mr. Kim demanded recognition of his ownership of the land and factory or equivalent compensation.

In the operation of the joint venture contract, disputes about land and factory ownership arose, highlighting the importance of utilizing Investment consulting services in Vietnam. Early engagement with professional legal services like Unilaw’s could have limited legal risks, particularly in clarifying the purpose and terms of joint venture contracts and factory leases. Such early legal support might have clarified the terms, especially regarding land and factory purchase rather than mere leasing, thereby minimizing conflict and dispute potential.

From First Instance to Review: The Litigation Journey

The litigation process: The case went through multiple trials at different court levels, from first instance to appeal, and finally to review. The decisions at each level varied in content and conclusions about the validity of the contracts and property ownership.

Verdict Outcome: The court decided to annul both previous verdicts and sent the case file back to the Ho Chi Minh City People’s Court for retrial according to first instance procedures, as per the law.

The Main Reasons for the Supreme Court’s Decision: In-Depth Analysis

Validity of the Joint Venture Contract: The court examined the validity of the joint venture contract between Company DK and PE M. During the litigation, there was debate over whether the contract was genuine or fictitious. In reality, PE M did not contribute capital or participate in managing the company’s activities. Thus, in essence, Company M was a foreign-invested enterprise with 100% foreign capital. The first-instance court rightly declared the joint venture contract invalid.

Factory Lease Contract: The court also reviewed the factory lease contract between Mr. Kim and PE M, involving disputes over the use of money transferred by Mr. Kim to PE M. Doubts about the Contract: Company DK had transferred a total of 431,952 USD for the factory lease within a year, inconsistent with the contract terms and contrary to Han Khai T’s testimony about paying the factory lease every five years. At the time of the contract signing, Mr. S and Mrs. K did not own the factory to lease, as they had only purchased a house at address 45 T on September 14, 2013, for 480 gold taels. If Company M could not prove that the money received from Company DK was for leasing the factory, it must be considered money for land purchase and construction, as the joint venture contract was fictitious, and there was no capital contribution for investment. The receipts and money transfer slips also mentioned “payment for land” and “construction costs.” The first-instance court declared the factory lease contract invalid. Thus, the court suspected that this was a land purchase contract, not a factory lease.

Land and Factory Ownership: Another crucial issue was determining the ownership rights over the plot of land and factory. The court needed to examine whether the money Mr. Kim transferred to PE M was used to purchase land and construct a factory as agreed.

Lessons for Foreign Investors

The court analyzed and interpreted the contract to ensure it accurately reflected the original intentions and purposes of the involved parties. In this case, the joint venture contract was established only for purchasing a factory and not for adhering to the stipulated terms. Especially in a joint venture contract where one party primarily provides finance and management, while the other party makes no actual contribution, the contract might be deemed imbalanced and hence fictitious. From this case, foreign investors can draw the following critical lessons:

Avoid Legal Evasion: Foreign investors should avoid seeking ways to circumvent the law or using unclear procedures to conduct business in another country. In this case, the use of joint venture and factory lease contracts could be seen as a means to circumvent legal constraints, with the intention of purchasing a factory.
Need for Investment consulting services in Vietnam from Law Firms like Unilaw: It is crucial for foreign investors to utilize Investment consulting services in Vietnam from law firms like Unilaw. Lawyers can help them understand the legal regulations in Vietnam and ensure that all transactions and contracts comply with the law, avoiding ambiguous terms that could lead to legal risks.
Transparency and Compliance with Local Laws: Ensuring that all business activities are conducted transparently and strictly comply with the country’s laws is essential. This not only avoids legal risks but also builds credibility and trust with partners and regulatory authorities.
Understanding Local Culture and Legal Environment: Investors also need to comprehend the business culture and legal environment of the country they invest in. This knowledge helps them avoid unnecessary mistakes and make informed investment decisions.

Conclusion:

The case between Mr. Kim Heung S and Company M clearly demonstrates the importance of utilizing Investment consulting services in Vietnam and the need to understand investment law in Vietnam. The lessons learned from this case will assist foreign investors in making informed and appropriate investment decisions according to the legal environment in Vietnam.

For further detailed information or professional legal consultation related to investment in Vietnam, please contact Unilaw at 0912266811 or send a request to legal@unilaw.vn. The team of lawyers at Unilaw is ready to assist and provide the most optimal legal solutions for the needs of investors.

Continue Reading
20 Tháng Mười Hai 2023
CHOOSING THE RIGHT INVESTMENT FORM FOR YOUR BUSINESS STRATEGY AND INDUSTRY: A LEGAL PERSPECTIVE FROM A LAWYER SPECIALIZING IN VIETNAM INVESTMENT

Analyzing suitable investment forms for specific industries and business strategies is a multifaceted process. This analysis, from the perspective of a lawyer specializing in Vietnam Investment, plays a critical role in informing investment decisions in Vietnam. This article delves into specific investment forms and their associated critical factors.

(more…)

Continue Reading
17 Tháng Mười Hai 2023
error: Content is protected !!