Legal answers

Criminal Proceedings

Answered

BIZLAWYER has a team of lawyers with extensive experience, flexible application of the law and constant efforts have participated in many criminal, civil, economic, labor, administrative and marriage cases. ….at all courts throughout the country and the Court of Appeal – Supreme People’s Court, we are recognized and highly appreciated by the courts as well as the clients. Concerning the criminal procedure, BIZLAWYER represents the litigants, protects the rights and interests of enterprises and individuals in the criminal legal relations, providing the following legal services:

1. Participate in legal proceedings for crimes of infringing upon human life, health, dignity and honor.

2. Participate in the proceedings on crimes of infringing upon the freedom and democracy of citizens.

3. Participate in criminal proceedings on infringing upon property.

4. Participate in proceedings on crimes of infringing upon economic management order.

5. Participate in the proceedings on crimes of infringing upon the marriage and family regimes.

6. Participate in the proceedings on criminal drug offenses.

7. Participate in the proceedings on public safety crimes and public order.

8. Participate in the proceedings concerning crimes involving the environment.

Civil Proceedings

Answered

BIZLAWYER has a team of lawyers with extensive experience, flexible application of the law and constant efforts have participated in many criminal, civil, economic, labor, administrative and marriage cases… at the courts of different levels throughout the country and the Court of Appeal – Supreme People’s Court, are recognized and highly appreciated by the clients. Regarding the civil litigation field, BIZLAWYER represents the clients as lawyers to protect the rights and interests of the enterprises, internal affairs, individuals in civil law relation, with legal services as follows:

1. BIZLAWYER represents the litigants as their lawyer to protect the rights and interests of the enterprises, internal affairs and individuals in the following cases:

Disputes over nationality;
Disputes over property rights;
Disputes over internal business;
Disputes over civil contracts;
Disputes over intellectual property rights, technology transfer;
Disputes over inheritance property;
Disputes over damages outside the contract;
Disputes over journalistic activities.

Other civil disputes required by the law.

2. BIZLAWYER represents the protection of the rights and interests of the enterprises, internal affairs and individuals in the implementation of civil claims procedures including:

Request a declaration or cancel declaration of a person who has lost his or her capacity for civil acts;
Request a notice to search for a person who is absent from their residence and manage the property of that person;
Request or cancel a decision on declaring a person missing;
Request or cancel a claim that a person is dead;
Request a declaration or cancel a decision on declaring a person missing;
Request the recognition or non-recognition and allow to implement of civil judgments and decisions of foreign courts in Vietnam.

Other civil requirements required by law.

Administrative proceedings

Answered

BIZLAWYER has a team of lawyers with extensive experience, flexible application of the law and constant efforts have participated in many criminal, civil, economic, labor, administrative and marriage cases… at the courts of different levels of courts throughout the country and the Court of Appeal – Supreme People’s Court, are recognized and highly appreciated by the clients. Regarding the administrative litigation field, BIZLAWYER support and ensure the interests of the clients in administrative decisions that affect the interests of the clients with the following legal services:

Participate in the proceedings from the initiation of the lawsuit or at any stage in the proceedings.
Verify, collect and provide the evidences to the court, study the case files, record and copy the documents contained in the case files in order to protect the rights and interests of the clients.
On behalf of the litigants, request the replacement of procedure-conducting persons or procedure participants according to the provisions of the Administrative Law.
Debate at the trial.
Participate in lawsuits against decisions on sanctioning of administrative violations.
Participate in the lawsuits against the decision on applying measures to prevent and ensure the handling of administrative violations.
Participate in lawsuits against administrative decisions or administrative acts in applying coercive measures for execution of decisions on sanctioning of administrative violations;
Participate in lawsuits against administrative decisions or administrative acts in the application or execution of administrative handling measures in one of the forms: education at communes, wards or townships; Put into reformatory schools; Put into the education institution; Put into medical institution; Administrative probation.
Participate in lawsuits against administrative decisions or administrative acts in applying measures to force the dismantlement of houses, or other solid architectural objects.
Participate in lawsuits against the administrative decisions or administrative acts in granting or withdrawing permits for capital construction, production or business; Business registration certificates and implement certificates or lawsuits against other administrative decisions/acts related to the business and financial activities of the enterprises.
Participate in lawsuits against the administrative decisions or administrative acts related to international/domestic trading commodities.
Participate in lawsuits against administrative decisions or administrative acts related to domestic and international financial transfer, service provision.
Participate in lawsuits against administrative decisions or administrative acts in the requisition, purchase and confiscation of property.
Participate in lawsuits against administrative decisions or administrative acts in the application of taxes, tax collection and retrospective tax collection.
Participate in lawsuits against administrative decisions or administrative acts in the application of charges, collecting fees; collecting land use fees
Participate in lawsuits against administrative decisions and administrative acts in goverment management of intellectual property and technology transfer.
Participate in lawsuits against administrative decisions or administrative acts in government management over investment.
Participate in lawsuits against administrative decisions or administrative acts of customs offices or customs officers.
Participate in lawsuits against administrative decisions or administrative acts in the management of civic status.
Participate in lawsuits against administrative decisions or administrative acts of the refusal to make notarization or authentication.
Participate in lawsuits against administrative decisions or administrative acts related to land management in case of land assignment, land lease, land recovery, land requisition, permission for land use purpose change; Compensation, support, site clearance, resettlement; Issuing or revoking the land use right certificate; Renewal of land use duration.
Participate in other complaints according to Vietnamese law and the treaties in which Vietnam is a member.

Reconciliation, arbitration

Answered

MEDIATION

Mediation is a mandatory process before requesting a settlement of most disputes. Simultaneously, this is a quick and economical way of settling disputes. Concerning the mediation process, BIZLAWYER is confident with extensive legal knowledge and has many years of experience in mediating disputes, helping the clients in mediation. Mediation can remove conflicts, disagreements, maximizes its benefits without affecting the relationship between the two. The dispute mediation services provided by BIZLAWYER to clients are as follows:

Collect information and documents from the clients on the dispute;
Analyze and evaluate the collected information and documents to determine the type of dispute for mediation;
Advise the clients on the relevant legal provisions related to their rights and obligations;
Advise on the procedures for mediation;
Prepare to build and offer the mediation solution for the clients to choose;
Consult and assist the clients to implement legal authorization for the representative;
Actively participate in the mediation sessions to protect the interests of the clients;
Assist the clients in filing a lawsuit if the mediation fails or one of the parties fails to implement the mediation agreement.

ARBITRATION

In a market economy, the enterprises want to build trust and maintain long-term economic relationships with their partners to ensure that their business and trade are stable and developed. However, there are occasional subjective and objective reasons, the economic and commercial relations between the enterprises also have disagreements and conflicts leading to disputes in the implementation of commitments. Consequently, there is a need for fast, cost-effective dispute resolution and be able to maintain a mutually beneficial business relationship. To resolve such disputes with commercial arbitration is one of the ways to meet those requirements. Concerning the mediation by commercial arbitration, BIZLAWYER represents the clients in litigation protection at the arbitration center including the following:

Study the commercial contract that the clients have signed, and other records, documents and information provided by the clients for the legal review of the whole case;
Consult and propose dispute resolution for the clients to consider and select;
Assist the clients in dealing with relevant agencies, organizations and individuals to solve the case and/or identify and gather the evidences of the case;
Compile the petition to file at the arbitration center for the initiation of a lawsuit;
Support the clients in the process of exchanging and working with trading partners to find ways to solve problems arising between the clients and their trading partners;
Advise on the procedure and prepare the case file before the arbitration;
Assist the clients in drafting documents to be sent to the trading partner, the individual and/or the authorities in the course of the case;
Assist the clients in gathering evidences and information related to the case;
In case of necessity, assist the clients in carrying out the procedures to request the arbitrators to apply provisional measures in order to block the payment for the trading partners who opened the L/C at the Bank;
Assist the clients in seeking and proposing the appointment of a member to the arbitration council at the arbitration center;
Act as a lawyer to protect the rights and legitimate interests of the clients during the dispute resolution process;
Work with the trading partners authorized by the clients at the arbitration center.

Negotiation

Answered

Negotiation is the exchange of mutual satisfaction between the parties for the purpose of co-developing and agreeing on the schedule, business plan, measurement or jointly resolve an arising dispute. Negotiation is an important step, through negotiation, the parties demonstrate their will, agreement on unconvincing opinions, and have better understanding of their partners. In order to ensure effective negotiation, avoid the risks, and have the best protection of rights and interests, the clients often seek legal counsel for advices. BIZLAWYER is a professional unit with many years of experience in negotiating, fully capable of assessing and analyzing potential risks in each transaction as well as each contract so as to provide advices on plans, solutions or contract signing, evaluating and drafting contract terms in order to protect the maximum rights and legitimate interests of clients while avoiding risks in that transaction as well as strictly comply with the law for the clients. Regarding the negotiation representation to ensure the benefits of cooperation and to enter cooperation contracts between the parties, the following legal services are provided:

Represent to negotiate the settlement of labor disputes;
Represent to negotiate the settlement of trade disputes;
Represent to negotiate the clearance compensation under the project;
Represent to negotiate the business contracts;
Consult, draft the appropriate types of contracts to be signed;
Plan method, schedule and negotiation process;
Negotiate preliminarily, prepare the draft contract to conduct formal negotiations;
Represent to negotiate the contract;
Complete the inspection, approve the draft contract to ensure the agreement between the parties and let the clients formally sign the contract;
Consult and evaluate all legal aspects of the contract so that the contract is formulated to ensure all conditions of form and content in accordance with the law;
Participate in the negotiations with the clients’ partners to sign contracts at the request of the clients;
Review and draft the contract on the basis of the content of the negotiation between the parties at the request of the clients, etc.;
Evaluate the legal validity of the contracts drafted or signed by the clients;
Consult and support the clients to resolve disputes and litigation related to the contract.

Import-export; customs

Answered

Import – Export is mandatory for parties in international trade relations; Customs declaration is a series of important work to ensure that export – import is done properly, sufficiently and promptly in business activities and ensure the compliance with the law. These are tasks and procedures that require specialized professional skills and must regularly update the new regulations of the law. Therefore, if there is no preparation of accurate and knowledgeable customs laws when implemented, it is possible to encounter many difficulties in the course of operation, thus affecting the time and progress of delivery as well as business opportunities. Regarding the import-export activities and customs, in order to ensure legal issues and prevent all risks for the clients, BIZLAWYER provides the following legal services:

Consult the customs policies, procedures and documents on importing and exporting goods of the enterprises;
Consult the procedures and documents for international banking payment – Letter of Credit (L/C);
Consult the import-export types: non-trade, trade, temporary import for re-export, temporary export for re-import, etc;
Consult the commodity management policies by specialized agencies: Ministry of Health, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development;
Consult and carry out the documents for applying for tax refund, tax reduction and tax exemption for a number of special goods;
Consult the documents and services of import and export with merchandise;
Consult the documents and services of import and export with goods: temporary import – re-export;
Consult the documents and implementation of import-export services with investment goods;
Consult the documents and implementation of import-export services with outsourced goods;
Consult the documents and conduct import and export services with goods for export production, export processing, on-spot export/import;
Consult the documents and implementation services and customs services for non-trade goods (aid, diplomacy, etc.);
Customs services for other special cases.

Real estate; Construction

Answered

On the basis of extensive knowledge, along with a deep understanding of real estate and construction, we have been providing our clients with the best consulting products in this field. We have advised many clients on the preparation and negotiation of real estate leases. At the same time, we represent many clients in many different stages of the construction process, from site location to construction project approval. Construction projects that we advise including new urban development projects, plant construction, supermarkets, recreation facilities, and other types of projects. In addition, we also advise many domestic and foreign construction contractors to help them operate effectively in accordance with the law in Vietnam.

Here are our main services in this field:

Collect, provide information on planning and policies of the goverment on investment in real estate projects;

Consult the negotiation, draft and sign agreements on investment cooperation, transfer the land use rights among investors for the implementation of the project;

Consult, draft, review and negotiate the contracts in the field of construction investment;

Consult, draft documents and on behalf of the clients to apply for permits during the investment preparation and implementation phase;

Advise on conditions, procedures for raising capital, draft documents and develope procedures for mobilizing capital for the project;

Consult the conditions, rules and procedures for termination of investment projects, exploitation and use of facilities;

Consult the transfer, lease of the project and other related issues.

We are pleased to cooperate for the interests and prosperity of the clients!

Contract reviewing and drafting

Answered

With a deep understanding of business knowledge as well as the legal systems in the field of commerce, we aim to provide our clients with the best consulting products. Along with the continuous development of the economy and the commercial law system, we have been constantly adjusting and upgrading our consulting services to ensure the quality of our consultancies while maintaining our strong reputation securely in the hearts of our clients. Currently, we not only provide legal services in the trading goods, services, investment activities in the form of direct and indirect investment but also support the business process of the clients through the form of trading promotion. In addition, we provide services to handle the clients’ disputes arising in the course of business to ensure maximum benefit for the rights and interests of the clients.

Here are our main services in this field:

To consult to choose the form of investment; to propose suitable solutions to the investment projects for the clients to choose;

To negotiate, draft and modify civil/commercial contracts, including trading contracts, product distribution contracts, property lease contracts, agency/service contracts, and other types of contracts, on behalf of and/or with the clients involve in the negotiation and signing contracts;

To consult the laws and practices applicable to domestic and foreign trade; commercial intermediary activities in domestic and foreign trade such as agencies, outsourcing, entrustment, international payment operations, international transportation and warehousing, franchising, domestic investment and invest to foreign countries;

To consult on the preparation of documents required by the domestic and international law; on behalf of the client, to work with the competent authorities to obtain the necessary approvals for commercial transactions;

To consult and represent the clients in the process of resolving commercial disputes at the competent Court or Arbitration;

To consult and represent the clients and industry associations in the initiation and investigation of anti-dumping lawsuit, subsidy and safeguard cases.

We are pleased to cooperate for the interests and prosperity of the clients!

Labor; Production; Trading

Answered

CONSULTANCY IN THE FIELD OF LABOR

Workers are the main component of producing wealth and material, and the driving engine behind the economic growth. Along with the rapid development of the market economy, labor law relations are being formed and developed. In labor law relations, there are always latent factors that create conflicts and disputes. The methods to solve labor problems will affect efficiency and productivity in the work environment. In the field of labor, BIZLAWYER has extensive experience and expertise in all matters related to labor law, which can bring you the following legal services:

Advise on the structure, main contents of the collective labor agreement, labor rules and regulations of the enterprises with adjustments appropriate to the business activities and organizational structure of the enterprises;
Draft the collective labor agreement, rules and regulations of the enterprises;
Advise on legal issues related to labor in Vietnam, such as labor contracts, wages and allowances, probation, labor policy, termination and compensation. Analyze and advise key terms of the labor contract, including personal income tax, rights and obligations, disputes;
Draft the labor contracts and related agreements.
Advise on the procedures and conditions for termination of labor contract or dismissal; Represent the enterprises negotiating on issues related to termination of labor contract or dismissal;
Advise on compensation, severance pay, job loss, unemployment and other allowances related to the termination of the labor contract;
Consult the settlement of labor disputes.
Represent and protect legitimate rights and interests of labor dispute resolution businesses at the autorities and/or courts in Vietnam.

CONSULTANCY IN THE FIELD OF MANUFACTURING

Production or production of material goods is a major activity in human economic activities. Manufacturing is also the process of making products for using and for trade exchange. In the production process, the enterprises can have production plans and strategies to develop their potentials. However, besides the production strategies of the enterprises, there are often hidden problems. Therefore, the enterprises should have appropriate solutions to prevent and timely measurement for such problems to avoid the unwanted recurrence. With the production consultancy, BIZLAWYER has a lot of experience and in-depth expertise on all aspects of production, can provide you with the following legal services:

Consult the conditions related to production activities;
Consult the product manufacturing process;
Environmental protection, production safety;
Consult the development and apply the quality management system standardized by the International Organization for Standardization according to the national standard TCVN ISO 9001: 2008;
Consult and implement the application for certificate of qualified evaluation of quality management system;
Consult to ensure ISO (quality, condition standard);
Consult to implement and apply food safety management system (ISO 22000, HACCP, BRC …);
Advise on food safety and hygiene;

CONSULTANCY IN THE FIELD OF COMMERCE

Commercial activities are lucrative business activities; This includes trading goods, the providing services, investment, trade promotion and other profit-making activities. That is why it is a very important activity for the development of a business. Regarding consulting activities in the field of commerce, with the experience and knowledge of the law and investment environment in Vietnam and abroad, BIZLAWYER can provide legal services to clients efficiently, with main contents as follows:

Legal advice on market entry capacity as well as appropriate forms of operation/trading for domestic and foreign traders.
Consult, draft and make necessary adjustments for all types of commercial contracts such as international trading goods contracts, franchise contracts, distribution contracts, business cooperation contracts, service providing contract …
Consult and support the clients to participate in negotiations with partners in commercial transactions;
Analyze potential legal risks in the implementation of the transaction and propose preventive measures.
Represent the clients to carry out procedures such as registering with commercial organizations, registering commercial franchising, registering for distribution of cosmetics and pharmaceuticals in Vietnam, advertising authorization …
Provide services to support the implementation of commercial activities in Vietnam and foreign through the form of setting up representative offices and branches.
Advise on the conditions for the performance of commercial contracts, rights and obligations of parties when signing trading goods contracts.
Consult, assist and represent the clients in solving disputes arising during the implementation of commercial transactions;
Represent and protect the legitimate rights and interests of the clients at the judicial organizations.

Tax; Finance; Banking

Answered

Currently, the legal system on tax for the enterprises is quite complicated; if enterprises do not understand clearly on the tax laws, it will be difficult for them to avoid risks, affect the business badly, or violate tax obligations. Therefore, the lawyer’s tax consulting services plays a very important role for the enterprises.

With a team of lawyers specializing in tax policies, especially tax policies related to enterprises, BIZLAWYER has developed tax consultancy services for domestic and foreign enterprises with the following contents:

To consult the tax law for the enterprises after establishment;
At the start-up phase, we will provide tax consulting services with the following services;
Advise on the tax code registration;
Advise on the account declaration, tax declaration and tax payment;
Advise on the tax refund procedures for related taxes;
Consult the tax settlement, make financial statements;
Consult the procedures for tax exemption, reduction and tax incentives;
Consult the regulations on the invoice usage, documents;
Advise on the complaints and denunciations as well as deal with violations in the field of taxation;
Provide the necessary tax forms;
Consult the tax law for the enterprises in their operations;

Along with many difficulties in the business process, the enterprises can not avoid difficulties and problems related to tax, especially in the implementation of tax obligations. This will lead to tax violations, bad influence on tax authorities, or business partners ….

In the course of business operations, BIZLAWYER will provide tax services with the following contents:

Advise on the preparation and finalization the tax record system for the enterprises in accordance with the present laws;
Update legal documents on taxes, particular tax law related to business operation of the enterprises;
Represent the enterprises to work with the tax authorities as well as other individuals, organizations and agencies while the enterprises has tax violations;
Compile documents of the enterprise income’s tax exemption and reduction and other taxes;
Consult to make periodical financial reports, monthly tax reports;
Make financial statements at the end of the year – Final settlement of taxes;
Consult the tax procedures in organization and rearrangement of enterprises;
Advise on tax procedures (close tax codes) in the organization and rearrangement of enterprises;
Advise other matters as requested by the enterprises and within the regulation of the law.