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 and 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

Kien Trung Trinh

Linh Thi Mai Nguyen

Loc Xuan Le

Vinh Quoc Nguyen

RELATED INSIGHTS

August 16, 2022

Mechanism Proposed for Transitional Wind and Solar Projects in Vietnam

On July 21, 2022, Vietnam’s Ministry of Industry and Trade (MOIT) submitted Report No. 126/BC-BCT to the Prime Minister regarding the mechanism for transitional wind and solar power projects. In this report, the MOIT proposed some recommendations to explicitly address difficulties for outstanding wind and solar power projects (“Transitional Projects”) which have been developed under the Prime Minister’s Decision No. 13/2020/QD-TTg dated April 6, 2020, on the development of solar power projects (Decision 13) and Decision No. 37/2011/QD-TTg dated June 29, 2011, on the development of wind power projects (Decision 37), as amended by Decision No. 39/2018/QD-TTg dated September 10, 2018 (Decision 39). The Transitional Projects primarily include those which have completed construction but have not yet been put into operation, and those which have been put into operation but for which the power price has not yet been decided, due to missing the deadline set forth under the aforementioned decisions to be eligible for the feed-in-tariff (FIT). In particular, the MOIT has proposed the following key recommendations to the Prime Minister: Mechanism for Transitional Projects The MOIT proposes two options: Option 1: Developers of the Transitional Projects negotiate and sign power purchase agreements (PPA) with Vietnam Electricity (EVN) within the price framework issued by the MOIT in accordance with the Law on Electricity, the Law on Prices, and their subordinate guiding legislation; or Option 2: The Prime Minister formulates a new decision specifying the mechanism for bidding on the purchase of power produced by the Transitional Projects, estimated to be implemented for the time limit of three years and within the price framework issued by the MOIT. Mechanism for future wind and solar power projects The MOIT proposes to apply the mechanism that developers of future wind and solar projects negotiate the power price and sign the PPA

August 9, 2022

Vietnam Issues New Guidance on Medical Device Regulations

In late 2021, the government of Vietnam issued Decree 98 on the management of medical devices (Decree No. 98/2021/ND-CP dated November 8, 2021), which came into force on January 1, 2022. This is the primary legislation on medical devices in Vietnam. To provide necessary guidance and elaboration on the implementation of Decree 98, the Ministry of Health recently issued Circular No. 05/2022/TT/BYT dated August 1, 2022 (“Circular 05”), which took effect on the same day. The most notable aspect of Circular 05 is that it unifies, in a single legislative document, previous regulations on medical devices that were scattered in multiple circulars issued by the Ministry of Health (Circular No. 39/2016/TT-BYT dated October 28, 2106; Circular No. 46/2017/TT-BYT dated December 15, 2017, as amended by Circular No. 23/2021/TT-BYT dated December 9, 2021; and Circular No. 33/2020/TT-BYT dated December 31, 2020). The effectiveness of these circulars was terminated when Circular 05 took effect. Circular 05 sets out regulations and principles for the classification of medical devices, and adds or supplements the following lists: List of in vitro diagnostic medical devices (IVD) not subject to quality assessment by Vietnamese competent authorities when registering under the quick registration procedure. List of class B, C and D medical devices allowed to be traded as normal goods. List of medical devices required to be accredited for safety and technical functions before use. List of medical devices requiring import permit licenses. While Circular 05 does not introduce major changes to the previous regulations, the consolidation and up-to-date guidance on Decree 98 will simplify the task of registration and circulation for medical device companies doing business in Vietnam.

July 25, 2022

Understanding Vietnam’s Draft Law on E-Transactions

Vietnam’s current Law on E-Transactions was passed in 2005 and has been effective since March 1, 2006. This law is considered a framework law, developed based on the Model Law on E-Commerce of the United Nations Commission on International Trade Law (UNCITRAL). According to the Ministry of Information and Communications (MIC), over the past 17 years, the implementation and application of e-transactions has shown significant evolution in certain areas demanding high levels of international integration, such as banking and e-commerce, but has faced difficulties in other areas due to a lack of detailed guidance. In addition, with the strong growth and breakthrough development of digital technologies such as artificial intelligence, big data, biometrics, and blockchain, and in the context of the ongoing Industrial Revolution 4.0 and the development of digital government, digital economy, and digital society, the 2005 Law on E-Transactions has revealed its shortcomings. Therefore, the government of Vietnam has entrusted the MIC to take the lead in drafting a new Law on E-Transactions, which will replace the old 2005 law in order to meet the country’s development needs. Accordingly, the MIC published a Draft Law on E-Transactions (“Draft Law”) for public consultation from May 4 to July 4, 2022. The latest accessible version of the Draft Law at the time of writing is Version 4. The effective date of the Draft Law is still not yet determined, though this law is expected to be submitted to the National Assembly for its review and comments in October 2022 and approval in May 2023. The following are some key contents of the Draft Law: 1. Scope of Application Unlike the current law, which explicitly excludes certain areas such as the issuance of certificates of land use rights and marriage certificates from the scope of application, the Draft Law attempts

July 20, 2022

Digital Health in Thailand, Vietnam, and Indonesia

What does “digital health” include within each jurisdiction? Thailand: For the most part, the idea of “digital health” or “telemedicine” has generally fallen within the area of medical device regulation in Thailand. The normal sort of digital health components you would think of—like software and device accessories for diagnosis, monitoring, prevention, or treatment of illnesses—would fall into medical device classification, so long as they do not achieve their intended function by immunological, metabolic, or pharmacological means. The “digital health” devices you commonly think of, like mobile medical apps, wearable technologies and software, fall mainly within this definition. After the last update to the Medical Device Act in 2008, Thailand next looked at digital health in 2019, with the Personal Data Protection Act (PDPA)—which is largely aligned with GDPR principles—and the Cybersecurity Act. These deal with important issues arising from “digital health” and “telemedicine” like personal data protection, consent to use and consent to transfer data, and privacy. Vietnam: Similarly, in Vietnam, while there’s not a clear definition of “digital health” in the law, it is understood to include various types of medical devices, software, and online services used for healthcare purposes—including diagnosis and treatment as well as medical records and telemedicine. There’s no law on digital health, per se, but many of these areas are covered by separate circulars issued by the Ministry of Health. There’s a circular (referred to as “Circular 49”) from late 2017 on telemedicine, for example, that actually uses the term “telemedicine” to identify the industry and sets out licensing and technical requirements. Indicators such as this show that Vietnam is definitely embracing the concept. Indonesia: In Indonesia, there is also no precise definition of “digital health.” Digital health is regulated under several laws and regulations, such as provisions concerning medical devices under the health

AWARDS & RANKINGS

July 4, 2022

Strong Regional Performance for Tilleke & Gibbins in Managing IP Patent Survey

Managing IP magazine, which has been rolling out its highly regarded IP Stars rankings in stages this year, recently released the results of its patent survey, and Tilleke & Gibbins earned high rankings across key Southeast Asian jurisdictions: Thailand – Tier 1 for the 20th consecutive year Vietnam – Tier 1 for the 8th consecutive year Indonesia – Tier 2 for the 3rd consecutive year The rankings show not only the firm’s excellence in patent work across the region but also its consistency—two decades in Tier 1 for Thailand, with the firm’s Vietnam practice getting close to a decade of its own. Even the relatively new Indonesia operations have been recognized in each of the past three years, and in this latest edition only two firms in Indonesia are ranked above Tilleke & Gibbins. Managing IP does not yet provide patent rankings for Tilleke & Gibbins’ other jurisdictions, Cambodia, Laos, and Myanmar. The trademark survey is a part of IP STARS, MIP’s specialist guide to the world’s leading intellectual property firms and practitioners. For more information and to browse the full copyright rankings, please see the IP STARS website.

July 4, 2022

Tilleke & Gibbins in Vietnam Again Ranked on Top in 2022 IAM Patent 1000 Rankings

Intellectual Asset Management (IAM) magazine has released the 2022 edition of IAM Patent 1000 from, and Tilleke & Gibbins’ patent practice in Vietnam was once again recognized with a Gold Band ranking. This is the seventh time that Tilleke & Gibbins’ Vietnam practice has been recognized as a top firm in Vietnam by the guide. In its editorial on the firm, IAM Patent 1000 writes that in Vietnam “Tilleke & Gibbins is a local powerhouse” responsible for “handling roughly 12% of all filings in the country.” The editorial especially notes the satisfaction of clients working with Tilleke & Gibbins’ patent team, citing as an example a source who praises the team’s expertise and responsiveness. A record five individuals from the firm’s Vietnam offices were recognized for their remarkable expertise: Hien Thi Thu Vu Hung Tuan Nguyen Loc Xuan Le Thomas J. Treutler Thanh Phuong Vu The rankings are based on several months of in-depth research and market analysis conducted by IAM researchers. Recognizing Tilleke & Gibbins as “a force to be reckoned with in the ASEAN region,” IAM Patent 1000 also awarded top marks to the firm’s offices in Indonesia and Thailand. For more information, please visit the IAM Patent 1000 website.

June 24, 2022

Tiziana Sucharitkul Named to 2022 Benchmark Asia-Pacific Top 100 Women Litigators

Tiziana Sucharitkul, managing partner of Tilleke & Gibbins, has been named once again by Benchmark Litigation to their list of the most accomplished female litigators in the Asia-Pacific region. Tiziana has now been named to the list for the third consecutive year—every year the list has existed—and she is the only lawyer from Thailand to be named to the list. Benchmark Asia-Pacific’s Top 100 Women in Litigation is based on extensive research into the nominees’ casework, feedback from their clients, and their standing among attorneys at peer legal institutions. In addition to reputation, the selection criteria require participation in impactful and landmark litigation in their jurisdiction, ensuring that nominees are not only the most prominent women in the world of litigation, but also the ones who have the most significant impact through their work. For more information and to browse the full list, please visit the Benchmark Litigation website.

June 24, 2022

Darani Vachanavuttivong Included in ALB Top 15 Female Lawyers 2022

The June 2022 issue of Asian Legal Business (ALB) includes their Top 15 Female Lawyers feature—an annual list of the leading women in legal practice across Asia. Included in the list is Tilleke & Gibbins managing partner Darani Vachanavuttivong, who is also managing director of the firm’s intellectual property department. She is the only lawyer from Thailand to be named to this year’s list. Directly following the announcement of the Top 15 Female Lawyers in the magazine is a roundtable article titled “Women Leaders Forge a New Path.” This article features insights and opinions from leaders at law firm throughout Asia, including extensive quotes from Darani and her fellow managing partner, Tiziana Sucharitkul. Darani and Tiziana shared some of their experiences and advice, and discussed some of Tilleke & Gibbins’ approaches—particularly toward diversity and inclusion. ALB, which is owned by Thomson Reuters, publishes insights and perspectives to inform legal professionals in Asia-Pacific and the Middle East. The publisher also organizes a number of awards and rankings programs for law firms in Asia. For more details on the Top 15 Female Lawyers 2022, and to read Darani’s and Tiziana’s comments, please see the full June 2022 issue of ALB, which is free to read online.