BUI BICH PHUONG | Jenny

Attorney Phuong mainly advises foreign investors investing in Vietnam and Vietnamese investors expanding overseas, assists in locating target companies for mergers and acquisitions, and provides counsel on corporate structuring to facilitate flexible, smooth investment in Vietnam. She also advises on transactions involving capital, assets, and loans between foreign and domestic investors.

Additionally, Attorney Phuong is responsible for advising and supporting investors and businesses in legal compliance throughout business operations, assisting with regulatory inspections, managing legal violations, and recommending solutions to help minimize operational risks for companies and investors.

M&A transaction:

• Advising and assisting a client – a powder manufacturingcompany with a large market share in Vietnam – to transfer80% of shares to foreign investors.
• Conducting due diligence on many transactions Foreigninvestors buy shares/a contribute capital of Vietnamese.

Foreign investment into Vietnam:

• As a member in charge of consulting Japanese, Malaysian, Singaporean, Taiwanese and Chinese investors investing in Vietnam for goods distribution, real estate trading, advertising and construction;
• As a member in charge of consulting investment options and assisting investors to select an investment plan suitable for Vietnam;
• Consulting for Japanese, Malaysian, Singaporean, Taiwanese, and Chinese investors to invest in Vietnam for goods distribution, real estate business, advertising, and construction;
• Consulting on investment options and supporting investors in choosing investment options in Vietnam;
• Consulting on establishing a restaurant outside the Shopping Center and a gear factory in the Industrial Park for Chinese investors;
• Consulting on establishing a company to import and distribute used cooking oil for biofuel for Singaporean investors;
• Consulting on establishing an e-commerce trading floor for a company with Japanese investment capital.

Vietnamese investments abroad:

• Advised Vietnamese investors on commercial, IT, and waste management projects in neighboring countries like Japan, South Korea, and Singapore;
• Consulted on capital transactions, including share purchases, capital transfers, and contributions between Vietnamese investors and foreign entities.

Compliance:

• Advising the company in the field of communication and education on legal issues related to the operation of a media, training, education and compliance company with labour issues;
• Consulting a cosmetics company to establish cosmetics retail chains in big cities in Vietnam;
• Advising start-up companies to comply with tax issues and business obligations at the start of operations.

Employment:

• Counseling an employer to sue an employer – a company specializing in the distribution of computers to request payment of legal obligations when terminating the Contract illegally;
• Advising enterprises – a company specializing in the field of cosmetology, training policies, compensation and working time to comply with the law.

Dispute Resolution:

• Representing a client – a party rented a warehouse in Dong Nai to negotiate with a landlord to recover the illegally seized property and sue a landlord to request the termination of the contract and claim compensation for a breach of the contract;
• Representing a client – a construction company to sue to recover late payment debts;
• Representing a client to negotiate and sue for a refund of deposit and compensation of deposit in dispute of land use right transfer contract.

Handling violations:

• Advised and represented a Malaysian-invested retail company in addressing violations due to delays in retail establishment permit renewal;
• Provided counsel and represented foreign representative offices in inspections regarding license renewals where office permits aligned with those of their parent companies;
• Represented and provided advisory services in dealings with the Department of Planning and Investment and the State Bank on issues related to late or improperly structured capital contributions.

Transactions on capital and foreign loans:

• Advised and facilitated capital transfer procedures for Korean and Singaporean investors acquiring entire stakes in companies in the animal feed production sector;
• Advised and executed capital transfer procedures for a Singaporean conglomerate acquiring shares in a listed food production company;
• Advised and executed capital transfer procedures for a Singaporean conglomerate acquiring shares in a listed food production company;
• Assisted with converting foreign loans (short-term, medium-, and long-term) into equity contributions for projects;
• Managed the process of reducing charter capital for company shareholders after two or more years of stable operations.

Obtaining Sub-Licenses:

Consulting and Assisting in Obtaining Sub-Licenses to Ensure Compliance with Legal Regulations for Conditional Business Sectors, Including:

• Licenses for establishing retail outlets within and outside shopping centers for Malaysian investors;
• Business licenses for retail activities of foreign-invested companies;
• Primary-level training licenses in the field of “Architectural Visualization”;
• Study abroad consultancy licenses;
• Licenses for establishing foreign language centers;
• Licenses for operating martial arts training centers;
• Employment services and labor leasing licenses;
• Registration of e-commerce websites;
• Notification for sales websites;
• Consulting for establishing social funds.