Practice Areas

Domestic and Foreign Investment
Foreign Investment Consultation is one of very first services provided by GCI&PARTNERS . Our investment advisory team assists a numerous enterprises in doing business in Vietnam and other Asian countries well understands challenges of conducting investment in today’s business world. We help investors to manage risks and resolve problems effectively, providing pragmatic advices that enable them to achieve their investment ambitions. Our major areas of practice are:
  • Advising on Vietnam’s policies related to foreign investment in different economic sectors, early warning on potential areas of difficulty and conflicts as well as analyzing its positive impaction to the specific projects. Our lawyers may also assist clients in conducting market research in Vietnam and other Asian Countries. 
  • Advising on the possibility for foreign investors to obtain an investment license, restriction and conditions applicable to foreign investors and the selection of appropriate resolutions for conducting an investment in Vietnam.  
  • Preparing documents required for obtaining investment certificate and sub-licenses or permits, working with authorities for obtaining the investment certificate and supporting to negotiate and settle legal issues after obtaining such licenses. 
  • Assist in Negotiate and prepare co-operation, business, or shareholders agreement with Vietnamese parties in joint venture relationship.  
Expand business scope and assist in other daily business operation including but not limited to labor issues, commercial contracts, management contract and tax.
Corporate & Commercial
It is the outstanding experience and capabilities of maintaining a close collaboration with clients in handling their daily legal issues that gain us a good reputation and firm-rooted position among the leading business law firms in VietNam. Our practice sphere of corporate and commercial law embraces not only drafting/reviewing the commercial contracts but also consulting effectively and professionally the legal issues arising during the clients' business operations.
Real Estate Practice
One of GCI&PARTNERS strength is our ability to assist clients in the completion of Real Estate Transactions. Our scope of legal service runs from strategic planning, applications and approvals, as well as assistance in the management of leasing to sale products of the project.
Particularly, our scope of works in the Real Estate Project is as follows:
1. In the initial phase, we can:
Advise client of all the different options on how to legally conduct real estate business in Vietnam;
Structure a company that will engage in real estate business (depending on client’s strategy);
Obtain necessary licenses to operate;
Provide you complete access to our knowledge bank on an as-needed basis to assist you in making the right decisions, and to consult the right people.
2. Deal-wise, we can:
Perform legal due diligence on the land client interested in acquiring or that will be contributed to the company;
Structure the deal in the best way to gain a legal advantage for you;
Property development & planning (incl. land acquisition procedures);
Draft contracts relating to land grants and re-settlement, land compensation (if applicable);
Negotiate and draft construction contracts in line with FIDIC or AS 400 standards;
Negotiate and draft lease/sale/tenancy agreements for all types of property projects;
Conveyance (transfer of property);
Structure and incorporation;
Dispute Resolution/Litigation services.
Mergers and Acquisitions
Our M&A team specialize in public, private company, and joint ventures merger and acquisition. We provide integrated execution advice for all types of M&A transactions both in Vietnam and overseas. We are specialists to assist you not only deal structure but also tax matters, and other legal matter in relation to M&A law and securities law. We represent financial institutions, equity funds, and corporate entities in connection with many merger, acquisitions, and buyouts (whether of equity or assets) transaction in difference business majors. Our lawyers have broad experience in handling cross-border M&A transactions.
Intellectual property
The legal system in respect of the intellectual property in Vietnam is undergoing significant changes with a view to satisfying the market demand and international integration. Thus, GCI&PARTNERS  has increasingly improved our practice in this area and is currently advising multinational and domestic companies operating in Vietnam on IP related issues. GCI&PARTNERS  manages the process of gathering appropriate documents to register trademarks, patents and copyrights from the initial stages and drafting the licensing agreements, franchising,  technology transfer contracts. In addition, our firm could assist clients in respect to counterfeit and trademark infringement and other IP disputes
Taxation
We are of high profile in tax consultancy which has been intensively developed since the early day of the firm. Our tax attorneys have concrete experiences of advising on many complex tax issues in connection to VAT, contractor tax, Corporate Income Tax for various business lines of manufacture, construction or commerce or capital gain for mergers & acquisitions.  In addition to this, our tax practice advises clients in respect with tax planning, tax incentives and preferential tax treatment.
Securities and capital market
We assist our clients in the creation and perfection of security interests in many different types of collateral in multiple jurisdictions, such as taking security over assets, and stock, pledges and security interests over both tangible and intangible assets. In addition, we have represented many purchasers, lenders, lessees, and other participants in a broad range of transactions to finance the acquisition of transportation, manufacturing, high-tech and industrial equipment. Our lawyers have accumulated an extensive body of knowledge in the substantive laws affecting big-ticket equipment leasing and financing transactions in Vietnam
Dispute Resolution
In dispute settlement procedures of Criminal, Civil and Marriage case, the locality character renders us an advantage over the foreign lawyers who are not allowed to actively participate in the hearings at courts in Vietnam. Clients always enjoy our full support in handling any corporation, commercial contract, investment, construction and employment disputes before arbitration tribunals and courts across Vietnam. From time to time we act as clients’ representatives to aggressively pursue the negotiations and reconciliations to have the out-of-court settlements with a view to obtaining early, favorable and cost-effective results for our clients.
Australia Immigration ( Business Visa)
The Significant Investor visa was introduced on 24 November 2012. This is a 4-year provisional visa which requires applicants to make a million investment in Australia.
The new visa has been well received and is a great pathway to permanent residence for investors who would otherwise not be eligible for migration to Australia.
Unlike other migration options:
There is no upper age limit to qualify for the visa (most skilled visa types require applicants to be under 50 or 55)
There is no English language requirement - many visa
There is no points test to meet
To qualify for permanent residence, applicants only need to spend a limited amount of time in Australia (40 days per year)
Visa Requirements
To qualify for a significant investor visa, applicants need to:
Be nominated by a state or territory government
Be invited through SkillSelect - this is a system whereby applicants first lodge an "Expression of Interest" or EOI.
Make an investment of at least AUD 5 million in a "complying investment" Applicants also need to meet health and character requirements.
Complying Investment
Applicants must make an investment of at least AUD 5 million into a complying investment to qualify for a significant investor visa.
Complying investments can include:
State/Territory government bonds; or
ASIC regulated managed funds making investments in Australian assets; or
Direct investment into unlisted Australian companies
Purchase of property in Australia would not in itself meet the requirements for a complying investment. However, property could be held through the ASIC regulated managed fund.
Obtaining Permanent Residence
After the initial 4-year period, holders can qualify for permanent residence provided:
They maintain their investment in Australia for 4 years; and
They remain in Australia for at least 160 days in the 4 year period
If they are unable to meet the requirements for permanent residence by the end of the 4 years, it is possible to apply for a 2-year extension.
The significant investor visa is a great opportunity for investors to migrate to Australia. Feel free to contact us if you would like to discuss making an application
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GCI Partners
3rd Floor, 63B Calmette St, Sacombank Tower, Dist 1, HCM - Tel: +848 6291 8969 - Email: trangphan@giclaf.com
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