>> Legal consultancy for enterprises. Call: 1900.6162

Business establishment and management consultancy:

Enterprises are economic organizations which have their own names and assets, have stable transaction offices and have registered their business according to the provisions of law for the purpose of conducting business activities.

Types of businesses include:

- Limited liability company with two or more members:

(i) the member may be an organization or individual; the number of members is at least two and the maximum is fifty;

(ii) the member is responsible for the debts and other property obligations of the enterprise within the amount of capital committed to contribute to the enterprise. Limited liability companies are not allowed to issue shares.

- One member limited liability company is an enterprise owned by an organization or an individual; The owner of the company shall be responsible for the debts and other property obligations of the company within the scope of the charter capital of the company. One member limited liability companies are not allowed to issue shares.

- Joint Stock Company is a company:

(i) the charter capital is divided into equal portions called shares;

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(ii) the shareholder may be an organization or individual; the minimum number of shareholders is three and no maximum number;

(iii) the shareholder is only responsible for the debts and other property obligations of the enterprise within the amount of capital contributed to the enterprise;

(iv) Shareholders are free to transfer their shares to others. Joint stock companies have the right to issue shares of all kinds to raise capital.

- A partnership is an enterprise:

(i) Must have at least two members who are joint owners of the company, jointly working under one common name; Apart from joint owners, a partnership may have Capital contributing members;

(ii) The joint owner must be an individual, responsible for all of his assets for the obligations of the company;

(iii) Capital contributing members are only responsible for the debts of the company within the amount of capital contributed to the company. A partnership is not allowed to issue any type of share.

- A sole proprietorship is an enterprise owned by an individual who is responsible for all its assets for all activities of the enterprise. Sole proprietorship is not allowed to issue any type of shares. Each Individual is only entitled to establish a private enterprise.

Apart from the business model organized under one type of enterprise, in Vietnam, the business may also be organized in the form of a cooperative or a household business:

(i) A co-operative is a collective economic organization which is required by individuals, households and legal persons to contribute capital and contribute voluntarily to promote the collective strength of each Cooperative members join the cooperative and help one another to effectively carry out production and business activities. Cooperatives operate as a type of enterprise with the legal person status, autonomy and self-responsibility for financial obligations within the charter capital, accumulated capital and other capital sources of cooperatives.

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(ii) A business household is a business entity owned by a Vietnamese citizen or a group of persons or a household which is only permitted to register for business in one location using no more than ten has no seal and is responsible for all of his assets for business activities.

The main services of Minh Khue Law Firm in this field include:

- Advising on legal matters prior to the establishment of an enterprise, such as naming the company, charter capital, business registration / business field, founding member, representative at law, machine and operator of the company, the record of establishment of the enterprise;

- Representatives carry out procedures for the establishment of enterprises, including drafting, submitting business registration dossiers, registering / engraving seals, and registering enterprise tax codes;

- Advising on the organization, management and operation of the enterprise, such as: drafting / verifying the legal status of the company, consulting the appointment of the director/chief accountant, Shareholding Certificate / Shareholder Book, Notice of shareholder book.

- Consultant, representative to carry out procedures for changing business registration, setting up branches / representative offices/business locations;

- Consultancy on corporate reorganization, such as: division / separation of companies, mergers / acquisitions / mergers / mergers, conversion of companies / equitization of enterprises;

- Consultant, representative of legal procedures for foreign investment in Vietnam, such as: consultancy on legal regulations and formalities/forms of foreign investment in Vietnam; investment certificate, registration for amendment of investment certificate;

Consultant and representative to carry out procedures for setting up branches / representative offices of foreign traders in Vietnam.
- Consulting and conducting procedures for dissolution, bankruptcy of enterprises;

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- Advising on all other legal issues related to the establishment, organization, management and operation of the business.
- Consulting and representing clients' interests in disputes and lawsuits related to the organization, management and operation of enterprises.
Legal advice on land:
In line with the development trend of the real estate market in Vietnam, Minh Khue Law Firm identified land consulting and real estate business as one of the key services. Specifically includes the following services:
Consultation on land policies and laws and real estate business law, including business development of new urban areas, residential areas, infrastructure of urban areas, infrastructure of industrial parks, hotels and tourist areas. rental rooms, real estate business services (such as brokerage, real estate trading floor, real estate valuation);
Set up and manage the list of real estate investment projects to connect investment cooperation in the field of real estate business among investors. Introduction of real estate investment;
Consulting, documenting and assisting investors to carry out the necessary procedures to implement real estate business projects;
Consultation on state laws and policies on land and land ownership including but not limited to procedures for registration of changes in land use rights, transfer of land use rights, application for certification to use land, to enter and to separate the certificate of land use right, to lease land, to settle disputes relating to land and property on land.
Other relevant work.
Consultancy on marriage and family law:
Our services in this field include:
- Advice on registration of marriage between Vietnamese and foreigners;
- Consultation on adoption issues, including: The applicant is a foreigner applying for a Vietnamese child and the Vietnamese adopting a foreigner;
- Counseling on divorce;
- Solving the settlement of property disputes upon the divorce;

Consultancy on labor law:

In order to facilitate management as well as avoid possible labor conflicts in the enterprise, we provide consulting services to clients in labor-related issues, including :

- Drafting and / or reviewing internal labor regulations, Collective Labor Agreements of enterprises in order to ensure that such regulations comply with law;
- Advice on issues related to the establishment of trade unions;
- Assisting enterprises in recruiting laborers, signing labor contracts, managing personnel and paying wages;
- Advice on issues related to discipline / dismissal of employees, termination of labor contracts, social insurance, health insurance, severance allowance, personal income tax structure for employees and managers of the company, working and rest periods, working conditions and work permits for foreigners;
In the event of a labor dispute, we may provide the client with the most effective means of resolution through the negotiation process or instituting court proceedings, if necessary.
Lawyer for negotiating and signing contracts:
A contract is an agreement between the parties on the establishment, change or termination of civil rights and obligations.
The contract must comply with the following principles:
(i) freedom to enter into contracts but not in contravention of law or social morality;
(ii) voluntary, equal, goodwill, cooperative, honest and upright.
A contract may be entered into verbally, in writing or by specific act, where the law does not specify that type of contract to be entered into in a certain form. In cases where the law stipulates that contracts must be made in writing, notarized or authenticated, they must be registered or asked for permission, they must comply with such regulations. Contracts shall not be invalidated in case of formal violations, except otherwise provided for by law.
Depending on each type of contract, the parties may agree on the following contents: the object of the contract is the property to be handed over, the work to be done or not to be done; Quantity and Quality; price, mode of payment; the time, place and mode of contract performance; rights and obligations of the parties; liability for breach of contract; contract violations; Other contain. Contracts legally concluded shall take effect from the time of signing, unless otherwise agreed upon or provided for by law.
The contract is effective when the following conditions are fully met:
(i) a participant in a contract having civil act capacity;
(ii) the purpose and content of the contract does not violate the prohibitions of law, not against social morality;
(iii) the participant is entirely voluntary. Contract form is a condition of contract validity in cases where it is provided for by law.
The statute of limitations for initiating lawsuits to request the courts to settle disputes over civil contracts is two years as from the date the rights and legitimate interests of individuals, legal persons and other subjects are infringed upon.
Main services of Minh Khue Law Firm on contract law:
- Draft standard forms in all areas (trade, labor, joint venture, franchise, international trade, business cooperation, sponsorship, licensing / ownership of intellectual property, technology transfer);
- Consulting, assessing the legality of commercial contracts, labor, joint venture, franchise, international trade, business cooperation, sponsorship, purchase of television rights, ownership of intellectual property, technology transfer;
- Consulting, representing clients in negotiating, negotiating and signing contracts;
- Advice on legal validity, effect, performance, breach, damages and other contractual matters;
- Consulting, representing the interests of customers in the contract dispute.
Legal consultancy service:
We provide full or partial legal advice and assistance to domestic and foreign invested enterprises, including:
- Consultation on issues related to land for project implementation (site introduction, obtaining location principle approval from competent state agencies);
- Partner referral search;
- Consulting and drafting the Joint Venture Contract / Business Cooperation Contract, the Charter of the enterprise;
- Set up business plan / set up investment projects;
- To carry out procedures for applying for investment licenses, business registration certificates, opening of branches and representative offices;
- Post-licensing services such as investment incentives, tax incentives, import / export, labor and land.
- Drafting and / or consulting the drafting of corporate governance regulations, such as company regulations, operating regulations of the Board of Directors, operating regulations of the Executive Board and the Control Board; The corporate financial management regulations and / or their own operating regulations as required.
Advising on tax and financial matters:
Minh Khue Law Firm will provide legal advice and practical solutions to customers related to loan contracts, foreign exchange, profit transfer, tax calculation and other banking and finance transactions.
For foreign loan contracts, our services include:
- Advising on issues related to foreign loan contracts;
- Participate as an independent lawyer to provide a legal opinion to ensure that the loan agreement complies with the law at the request of the Lender;
- Register with the State Bank of Vietnam and / or branches in the provinces.
- For domestic loan contracts, our services include:
- Drafting and / or reviewing the legality of the terms of the loan agreement;
- Advise all matters related to the loan contract with the Bank upon request and to protect the interests of customers.
Consultancy on administrative law and implementation of administrative procedures:
- Translation of legal documents and documents necessary for investment activities such as lease contracts, commercial contracts, economic contracts, technology transfer contracts from Vietnamese to English and vice versa. receive translation accuracy;
- Prepare a weekly, monthly, and new legal update of Vietnam's legal documents and provide clients with up-to-date and useful information and provide comments on their accounts. that;
- Other legal services required by clients.
Consulting civil law and resolving civil disputes:
Our counseling and litigation services in this area include issues such as:
- Civil transactions, civil contracts and civil obligations;
- Assets and ownership rights, collateral (mortgages, mortgages ...);
- Compensation for damages outside the contract;
- Representation and authorization;
- Personal rights of the individual;
- Legal persons, cooperative groups, households;
- The lawyer protects the legitimate rights and interests of the plaintiff, defendant related to civil cases;
- Guardian, etc.

In addition to consulting, we will provide clients with legal documents that customers request.

Translated from: Tư vấn pháp luật và Dịch vụ luật sư

For more information, please contact: MINH KHUE LAW FIRM CO., LTD

Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

Phone to request an establishment of types of company, call: 02439916057

Online legal consultancy office and appointment for a consultation at the office: 1900.6162 (Press 7)

Email: [email protected]

Look forward to cooperation with clients!

Best regards./.

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