Vietnam

With offices in Hanoi and Ho Chi Minh City, our Vietnam team helps an expanding domestic and international client base profit from the country’s increasing competitiveness as an investment destination.

Vietnam Offices

Hanoi Office

Ho Chi Minh City Office

Overview

Award-winning legal services in one of the world’s fastest-growing economies.

Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm in the country to be granted a license to establish a representative office. Since then, with offices in Hanoi and Ho Chi Minh City, our firm has grown in step with Vietnam’s vibrant economy, helping businesses capitalize on the abundant trade and investment opportunities fueled by the country’s economic and political reforms, as well as its accession to ASEAN, the WTO, and bilateral and multilateral treaties like the CPTPP and EVFTA.

We are now one of the largest most well-known law firms in Vietnam, providing a full range of corporate legal services in the areas of commercial transactions and M&A, labor and employment, real estate, technology, franchising, and more. Our award-winning intellectual property practice, widely recognized by global surveys and directories as one of the best in the country, advises clients on IP registration, enforcement, and commercialization, and partners with local associate T&G Law Firm LLC (TGVN), a licensed law firm and IP agent, to carry out IP filings in Vietnam.

Case Studies

Vietnam | Technology | Corporate/M&A

Assisted Regional Tech Startup Carousell on Major M&A in Vietnam

Assisted Carousell with due diligence, documentation preparation, and filings with Vietnamese licensing authorities in connection with its M&A with a subsidiary of a Norwegian telecommunications company, a deal that valued the combined company at USD 850 million.

Experience

Assisted a Singapore-based e-commerce marketplace operator with due diligence, documentation preparation, and filings in relation to its acquisition of/merger with an online classifieds company, a deal that valued the combined company at USD 850 million.
Provide regular assistance to a global social media giant (both directly and in collaboration with other law firms worldwide) with a constant stream of legal issues concerning the company’s ongoing operations and new initiatives in Vietnam, including reviewing contracts and user agreement, and advising on numerous issues related to data privacy, processing, and protection.
Assisted an Indian IT company in successfully negotiating a settlement with a Vietnamese bank in a USD 10 million contract dispute related to the client’s provision of licensed banking software and related support services.
Successfully handled the Vietnam portion of one of 2017’s largest global mergers, assisting a multinational chemical manufacturing company in its acquisition of the assets of another chemical company’s Vietnam subsidiary as part of a chain of transactions resulting from a worldwide merger.
Advised a Chinese solar energy company and prepared the application dossier to incorporate its local entity to engage in the manufacturing, processing, and exporting of solar panels and modules in Vietnam.
Advised a technology incubator on establishing three separate WFOEs engaged in the import/export and distribution (wholesale and retail) of a variety of consumer products such as clothing and accessories, electronic devices, cosmetics, furniture, office supplies, toys, and household appliances via multiple branded retail websites.
Assisted a U.K. biotech company on a compliance investigation of three employees in Vietnam. We reviewed thousands of documents to find the wrongdoings and suggested remedies.
Advised an American financial services giant on regulatory requirements and draft legislation related to cybersecurity, payment services, and information networks.
Regularly advise clients on employee negotiations, disputes, and termination both in relation to existing litigation and in an effort to mitigate litigation risks.
Serve as lead external counsel on all legal matters in Vietnam for a multinational pharmaceutical company. Our work involves contract review, guidance on labor issues, and advice on regulatory affairs and Vietnam’s legal landscape.
Represented a world-leading manufacturer of coding, printing, and laser marking products and won a precedent-setting victory in which the court awarded record attorney’s fees to the plaintiff. Managing Intellectual Property magazine selected the victory as its Case of the Year for Southeast Asia in 2014.

PROFESSIONALS

Thomas J. Treutler

Derrick Khoo

Kien Trung Trinh

Linh Thi Mai Nguyen

Loc Xuan Le

RELATED INSIGHTS

October 26, 2021

Parallel Import Enforcement in Southeast Asia

Parallel imports—branded goods imported into a domestic market and sold there without the consent of the intellectual property (IP) owner—pose a unique challenge for IP owners. In contrast to counterfeit goods, parallel imported goods are manufactured by or under the license of the IP owner and formulated or packaged for a particular jurisdiction and then imported into a different jurisdiction without the authorization of the IP owner. Intellectual property laws and perspectives on parallel import vary throughout Southeast Asia. The distinct legal landscape in each nation should be carefully navigated in consultation with legal experts to ensure brand protection to the fullest degree. This guide provides insight into the legal frameworks relating to parallel imports in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. Each section examines the relevant laws and regulations that pertain to parallel imports and explores the remedies available to IP owners in each country. Finally, the guide presents some strategies to combat parallel importation and maximize IP protection in Southeast Asia. The full guide can be downloaded through the button below. This guide was prepared with the assistance of Tilleke & Gibbins interns Christian Pederson and Keoni Williams.

October 26, 2021

Fashion Law 2021 – Vietnam

Attorneys from Tilleke & Gibbins in Vietnam have written the Vietnam chapter of the newly released Fashion Law 2021, a guide to law surrounding the business of fashion in jurisdictions around the world. The guide covers 18 key jurisdictions for the global fashion industry, offering insights into local legal frameworks surrounding vital issues such as brand enforcement and protection, e-commerce and marketing, and sustainability considerations. The Vietnam chapter of Fashion Law 2021 provides detailed information on the following topics: Trademarks, designs, copyright, and other intellectual property types such as patents and trade secrets. Strategic local contractual arrangements for manufacturing, distributing, and advertising fashion products. Overview and application of online marketing regulations and consumer protection regulations in Vietnam. The most relevant unfair competition rules for fashion businesses, and local courts’ interpretation and enforcement of the rules. ESG (environmental, social, and governance) concerns and sustainability issues for the fashion industry. Customs monitoring and local import and export guards against counterfeit products. The full Vietnam chapter is available for free on the Global Legal Post website. Tilleke & Gibbins also contributed the Thailand chapter to the guide.

October 13, 2021

Dealing with a Non-Responsive Respondent at the Singapore International Arbitration Centre

In SIAC arbitration, respondents who refuse to respond may find themselves in a strategically favorable position. We explain the challenges in dealing with a non-responsive respondent and our recommended course of action.

September 30, 2021

The Enforceability of Liquidated Damages Clauses in IP-Related Agreements in Vietnam

A liquidated damages clause is a quick and straightforward way to determine the amount of compensation payable by a breaching party to the aggrieved party in the event of IP infringement or another contract violation. The enforceability of such a clause in Vietnam remains a controversial topic, but some recent IP-related cases may shed some light on the applicability of such provision.

AWARDS & RANKINGS

October 22, 2021

Tiziana Sucharitkul Named Managing Partner of the Year in ALB Southeast Asia Awards

Tiziana Sucharitkul, co-managing partner and director of the firm’s dispute resolution practice, was named the winner in the Managing Partner of the Year (Emerging Markets) category of the 2021 Asian Legal Business (ALB) Southeast Asia Law Awards. The award recognizes Tiziana’s leadership of the firm over the past year as well as her standing in the legal community in the Asia-Pacific region. Based on months of intensive research, the ALB Southeast Asia Awards are organized each year to honor exceptional performance by private practice lawyers and in-house counsel in the region. Editorial and research teams from ALB compile and review all firm submissions, and an independent judging panel then considers shortlisted entries to determine the top performers in each category. ALB, which is owned by Thomson Reuters, offers news and analysis for businesses and professionals. Besides covering regulatory, commercial, and legal developments, ALB also organizes events and legal summits, offers insights on developments in the Asian legal industry, and provides online services for legal professionals. To learn more about the ALB Southeast Asia awards and to browse the full list of winners, please visit the ALB website.

September 17, 2021

Asialaw Profiles 2022: Tilleke & Gibbins Lawyers Earn 24 Individual Rankings

The 2022 edition of Asialaw Profiles lists a total of 24 Tilleke & Gibbins practitioners in the highly regarded guide to leading law firms and legal practitioners in Asia. The guide seeks to rank legal professionals from Asia-based firms on the strength of their client services and legal capabilities, based on in-depth global surveys of corporate management, in-house counsel, and private-practice lawyers. In the individual listings, the lawyers are classified as “Rising Stars,” “Notable Practitioners,” “Distinguished Practitioners,” and “Elite Practitioners.” Of the 24 ranked Tilleke & Gibbins professionals, 14 are recognized for their work in Thailand, 4 for Vietnam, 2 for Myanmar, 2 for Cambodia, and one each for Indonesia and Laos. Below are the firm’s lawyers who have been recognized for each category this year, according to practice area and jurisdiction: Elite Practitioners Alan Adcock – Intellectual property – Thailand Darani Vachanavuttivong – Intellectual property – Laos and Thailand Nandana Indananda – Intellectual property – Thailand Thawat Damsa-ard – Dispute resolution – Thailand Thomas Treutler – Intellectual Property – Vietnam Distinguished Practitioners Athistha Chitranukroh – Insurance – Thailand Chusert Supasitthumrong – Dispute Resolution, Labor and Employment – Thailand Cynthia M. Pornavalai – Corporate and M&A – Thailand Dino Santaniello – Corporate and M&A – Laos Jay Cohen – Corporate and M&A – Cambodia Kien Trung Trinh – Labor and employment – Vietnam Loc Xuan Le – Intellectual property – Vietnam Pimvimol (June) Vipamaneerut – Labor and employment – Thailand Tiziana Sucharitkul – Dispute resolution – Thailand Wongrat Ratanaprayul – Intellectual property – Indonesia Notable Practitioners Chaiwat Keratisuthisathorn – Real Estate – Thailand John Frangos – Aviation – Thailand Kobkit Thienpreecha – Capital Markets, Corporate and M&A Nwe Oo – Corporate and M&A – Myanmar Santhapat Pereira – Banking and finance, Corporate and M&A – Thailand Vinh Quoc Nguyen – Corporate and M&A Yuwadee Thean-ngarm –Intellectual property – Myanmar Rising Stars David Mol – Intellectual property – Cambodia Suebsiri Taweepon – Intellectual Property – Thailand For more details and to browse the full rankings, please visit the Asialaw website.

September 17, 2021

Tilleke & Gibbins Offices All Highly Ranked in Asialaw Profiles 2022

The 2022 edition of Asialaw Profiles was officially released on September 17, 2021, and Tilleke & Gibbins received some of its best regional rankings yet in this detailed and comprehensive guide to the services of leading Asian law firms. Asialaw Profiles 2022 rates top domestic and international firms operating in Asian jurisdictions and headquartered in Asia, looking at firms’ performance and client service in both legal practices areas and various industries. Tilleke & Gibbins achieved rankings in 42 out of 45 possible industries and practice areas across Cambodia, Laos, Myanmar, Thailand, and Vietnam, plus a further three for the firm’s intellectual property boutique in Indonesia. Among these, Asialaw placed Tilleke & Gibbins in the highest possible tier in 20 categories. In Thailand, Tilleke & Gibbins continues to be the only firm ranked in all 18 possible categories. This includes improved rankings for Real Estate, Infrastructure, Aviation, and Labor and Employment—the last two of which feature Tilleke & Gibbins as the sole firm in the top tier. The firm is also ranked in all available categories in Cambodia, Laos, and Myanmar. For more details and to browse the full rankings, please visit the Asialaw website.

August 27, 2021

Tilleke & Gibbins Repeats Record Showing in IFLR1000 2022 Rankings

International Financial Law Review (IFLR) has released the final installment of the 2022 edition of its annual IFLR1000 rankings of leading law firms in domestic and cross-border financial and transactional matters across the globe. Matching last year’s record results, Tilleke & Gibbins’ regional corporate and commercial team was awarded 15 distinct practice rankings across Cambodia, Laos, Myanmar, Thailand, and Vietnam. Tilleke & Gibbins was ranked in the following practice areas: Thailand—Banking and Finance, Capital Markets: Debt, Capital Markets: Equity, Mergers and Acquisitions, Project Development, Restructuring and Insolvency Vietnam—Banking and Finance, Mergers and Acquisitions, Project Development Myanmar—Financial and Corporate and Project Development Cambodia—Financial and Corporate, Project Development Laos—Financial and Corporate, Project Development In addition to the firmwide rankings, five of the firm’s attorneys were recognized with individual rankings for their expertise in financial or transactional matters in their respective jurisdictions. Charunun Sathitsuksomboon – Thailand – M&A Dino Santaniello – Laos – Corporate and M&A Saithong Rattana – Laos – Project Development, M&A Santhapat Periera – Laos – Banking, Energy, M&A Yuwadee Thean-ngarm – Myanmar – Banking and Finance, M&A The IFLR1000 ranks the world’s leading corporate and financial law firms, covering the core transactional practice areas of Banking and Finance, Capital Markets, Mergers and Acquisitions, Project Development, and Restructuring and Insolvency. Please visit the IFLR1000 website to review the full rankings for Cambodia, Laos, Myanmar, Thailand, and Vietnam.