IDVN Lawyers > Hanoi, Vietnam > Firm Profile

IDVN Lawyers > Firm Profile

Founded in 2003, throughout 20 years of development and cooperation, IDVN has received the trust of the Government and leading enterprises in Vietnam as well as law firms, multinational corporations, organizations, and foreign governments.

Our practice focuses on the following areas:

• International trade and customs
• Corporate, investment and M&A; investment and development of projects in real estate, communication, mining, industrial production and distribution of trade and services
• Dispute resolutions: litigation, arbitration and mediation
• Antitrust and competition

We regularly advise individuals and corporations in relation to various aspects of Vietnamese and international law. We have a broad portfolio of local and foreign clients from both the private and public sectors, including not only Governments, state-owned entities and multinational corporations, but also individual investors and small and medium enterprises.

IDVN has always supported and accompanied long-time clients in business consulting, investment consulting on production projects, real estate, retail and media services, M&A, as well as other significant trade and investment disputes. IDVN’s seasoned attorney also advise and represent domestic and foreign clients in shareholder disputes, banking-related disputes before Court, international trade and investment dispute in domestic and international arbitration. Our services always meet international standards in terms of professionalism and comprehensiveness, with the goal of achieving the best result for our clients, even exceeding our customers’ expectations. With a flexible organization and arrangement, we can assign attorneys with different seniority levels, cooperate with international consulting firms and lawyers to ensure that the services provided are matching with each client’s specific need with the most reasonable cost.

We employ professional lawyers trained in Vietnam and abroad, who are fluent in foreign languages, highly appreciated by the clients for their professionalism, diligence and wealth of experience in resolving intricate legal issues with in-depth knowledge in each field. Furthermore, we employ trade analysts with strong backgrounds in accounting and data analysis who can provide key technical and economical input.

IDVN’s capabilities and reach are not limited to Vietnam. Over the past two decades, we have built long-term partnerships with some of the world’s leading international law firms, including Morris, Manning & Martin LLP (USA), Curtis, Mallet-Prevost, Colt & Mosle LLP (USA), and Van Bael & Bellis (EU), as well as several Australian, Singapore and other firms around the world.

International trade and custom
Expertise: IDVN is known for its unique and market-leading international trade practice in Vietnam. We are experts in trade remedies including anti-dumping duties (AD), anti-subsidy or countervailing duties (CVD), safeguard measures (SG) and anti-circumvention measures.

Services: We offer a full range of services which cover all areas of international trade law, including:

• Advising on AD, CVD, SG anti-circumvention investigations
• Advising on Interim and sunset reviews of trade remedies
• Advising on Customs’ investigations, reviews & inspections
• Advising on Product exclusion
• Advising on Rules and certificates of origins
• Advising on Custom classifications and valuation
• General matters related to import/export, sanitary and phytosanitary measures, technical barriers to trade and market access.
• Advising on Tariff quotas and duties
• Advising on Preferential trade regimes
• Advising on Import/export control, assessing new exporters.
• Advising on trade negotiations and policy advocacy with governments
• Advising on general matters related to customs, sanitary and phytosanitary measures, technical barriers to trade and market access.

Sectors

Seafood Wood Tires Seaport Plastic

Steel Cement Honey Aluminum Yarns

Textile Cashew Shoes and leather Cooper Sugar and sugar cane

Jurisdictions

Vietnam USA Europe

Malaysia Thailand Laos

Australia Mexico Philippines Mexico

Experience:  IDVN is a Vietnamese law firm with extensive experience in international trade activities. We joined in about 10% of cases (20 out of about 200 cases) on trade remedies initiated by the US, Australia, Turkey, India, European Union for goods imported or originated from Vietnam. Besides, IDVN consulted in 11 out of 35 trade remedy cases conducted by the Ministry of Industry and Trade, which is about 30% of trade remedy investigations initiated by Vietnam. In particular, IDVN also participated in WTO’s anti-dumping cases, namely WTO Case DS429 and WTO Case DS536.

In the USA

• Anti-dumping investigation and review on frozen warm-water shrimp
• Anti-dumping and countervailing investigation and review on polyethylene bags
• Anti-dumping and countervailing investigation on BOPP sacks
• Antidumping investigation on passenger vehicles and light truck tires
• Antidumping investigation on copper tube and pipe
• Countervailing investigation on circular welded steel pipes
• Countervailing investigation and review on frozen shrimp
• Countervailing investigation on utility-scale wind towers
• Countervailing investigation on passenger vehicles and light truck tires
• Anti Circumvention investigation and review on corrosion-resistant steel

WTO disputes

• US anti-dumping Measures on Shrimp From Vietnam (WTO case no. DS404)
• US anti-dumping Measures on Shrimp From Vietnam (WTO case no. DS429)
• US anti-dumping Measures on Fish Fillets from Vietnam (WTO case no. DS536)

In Australia

• Anti-dumping investigation and review on aluminum extrusion
• Anti-dumping investigation on steel rods in coils
• Countervailing investigation on aluminum extrusion
• Countervailing investigation on galvanized steel
• Countervailing investigation on precise tube steel

In other jurisdictions

• European Union countervailing investigation on polyester staple fibers
• Turkey’s anti-circumvention investigation and review on pipes and tubes
• India countervailing investigation on stainless steel pipes
• India countervailing investigation on continuous cast copper wire rods

In Vietnam

• Safeguard investigation on steel billets and long products
• Safeguard investigation on pre-painted galvanized steel
• Antidumping investigation on galvanized steels
• Anti-dumping investigation and review on color coated steel
• Anti-dumping investigation on medium density fiberboards
• Anti-dumping investigation on polyester filament yarns
• Antidumping investigation and review on aluminum extrusion products
• Antidumping review on galvanized steel
• Antidumping investigation on cold-rolled steel
• Antidumping investigation on HFCS
• Antidumping investigation on welding materials

Typical clients

• The Vietnamese Government
• Royal Thai Government
• Viet Nam Association of Seafood Exporters and Producers (VASEP)
• Viet Nam Cement Association (VNCA)
• The Vissai Cement
• MinhPhu Seafood Corporation
• Ca Mau Seafood Corporation
• Vicostone JCS
• TTC Sugar Company
• Sidley Austin LLP
• Kim & Chang
• Bazhou Wanshida Technology
• Bazhou Jinwoshengdi Aluminum Products Company Limited
• Kenda Rubber Company
• Huada Zhejiang New Materials
• Bahru Stainless Steel Sdn.Bhd
• Vanachai Public Company Limited
• Panel Plus MDFCompany
• Ngwe Yi Pale Sugar
• Czarnikow Group
• Indorama Ventures
• Kiswel SDN BHD
• Daesang Corporation

Corporate, M&A and investment
Expertise: IDVN is well known for their understanding of all aspects of business operations as well as the legal mechanism for business management and operation. With long-term consulting experience for large corporations at home and abroad, IDVN’s professional services combine skills in consulting and drafting documents for business transactions or operating-business management, solid knowledge and experience in many areas of law and their acumen towards commercial agreement terms, high level of legal expertise, strategic planning ability as well as effective negotiation skills. We consult on all enterprise related matters.

Services

• Advising on first-time investment activities in Vietnam & abroad;
• Advising on legal issues in business management and operation, financial management, shareholder relations, compliance control, and drafting of related documents
• Providing legal services for businesses, investment assets, and projects to prepare for the listing, share purchase and sale transactions, projects, (M&A), business restructuring or evaluation, control legal risks of investors and owners
• Advising and drafting on structures and documents for transactions in Vietnam and cross-border transactions, in all areas such as shareholder contracts, hotel management contracts, commercial and service zones or other real estate project management, Contract-agreement for business-investment cooperation transactions, other M&A transactions, international goods-service procurement contracts, contract sets for distribution, trading, leasing of real estate, goods, franchising or providing technical support services, technology transfer, loan agreements, mortgages, etc
• Negotiating, handling violations, contract negotiation, and pre-litigation disputes settlement within the enterprises and with other organizations and individuals.

Sectors

Production and processing Real estate development business Infrastructure construction investment Wholesale & Retail

Information and media Education Mining Energy (Coal power, wind power, solar power)

Notable clients

• Vingroup
• VinSmart
• VinPearl Resort
• Vincom Center Hanoi
• The Vissai Cement
• Thuan Phong Wind Power Joint Stock Company
• Minh Phu Seafood Corporation
• Vinh Thai Urban Development Corporation
• Khanh Vinh Group
• Simple Tech Investment Joint Stock Company
• Dong Duong Real Estate Development and Trading JSC
• An Vien Group
• Mot Island Resort
• Ernst & Young
• Keppel Land
• The Association of Southeast Asian Nations

Dispute resolution
Expertise: IDVN advise and represent clients including the Government of Viet Nam, the People’s Committee of Ho Chi Minh City, state-owned enterprises, domestic and foreign private enterprises in all stages of dispute resolution, including violation handling and pre-litigation negotiation, litigation at court and domestic arbitration, international arbitration and enforcement of arbitral award.

Services

• File research, analyze, evaluate disputes and advise on dispute resolution strategies
• Pre-litigation violation handling
• Representing clients in mediation (through mediators) or in legal proceedings
• Representing clients to participate in the dispute settlement process at Vietnamese courts, arbitrations, and international arbitrations
• Assisting in the implementation of procedures for the recognition and enforcement of arbitral awards or mediation agreements

Experience
Arbitration: IDVN participates in consulting and representing the State of Vietnam in international investment disputes under the Bilateral Investment Agreement & Multilateral Free Trade Agreement, most notably:

• • Bryan Cockrell v The Socialist Republic of Vietnam UNCITRAL, Case PCA No. 2015-03
  • ConocoPhillips (U.K) Limited, Perenco Overseas Holdings Limited, ConocoPhillips (U.K.) Cuu Long Limited, ConocoPhillips (U.K.) Gama Limited v. The Socialist Republic of Vietnam
  • Shin Dong Baig v. The Socialist Republic of Vietnam (ICSID Case. No. ARB/AF/18/2)
  • Dr. Maya Dangelas (Dang Thi Hoang Yen), US Global Institute Inc. and Angels Company Inc v the Socialist Republic of Viet Nam

And more than ten disputes at the Vietnam International Arbitration Center (VIAC) on international trade, construction contract disputes, agency and distribution contract disputes, etc.

Litigation: IDVN represents individual/company clients in the disputes at the court in the area of business-corporate, and even criminal cases related to bank activities:

• • • Recovered over US$10m for a private client in criminal proceedings related to a fraud committed by officers in Eximbank
    • Represented a client who had property in the criminal case of Dong A Commercial Joint Stock Bank
    • Represented Investment Fund from Singapore to initiate a lawsuit to protect the interests of shareholders in a joint stock company

Other

• • • Support to investigate international transactions: Coordinating with a foreign law firm to investigate the export transactions worth US$20m of medical gloves for a leading North America’s multi-industry import-export and multi-industry manufacturing corporation. The case was conducted in the Israeli Court

Notable clients

• • • The Vietnamese Government
    • The People’s Committees of Ho Chi Minh City
    • Vinh Thai Urban Development JSC
    • TAEL Group (Singapore)
    • Curtis, Mallet-Prevost, Colt & Mosle LLP

Antitrust and competition
Services

• • • Providing legal opinions, assessing possibilities of violating competition laws in clients’ business transactions, M&A activities
    • Consulting on legal matters related to market entry and expansion, agreements between enterprises in the same industry or vertical integrated enterprises
    • Consulting and preparing documents notifying economic concentration
    • Determining market share, relevant product market, relevant geographical market

Experience

• • • Consulted, drafted economic concentration announcement documents for multinational corporations, foreign companies in Vietnam participating in M&A transactions, joint ventures or conducting restructuring activities in areas such as: manufacturing prefabricated prefab houses, processing steel plates, exploiting and transporting oil and gas, real estate business in Vietnam;
    • Represented and worked with the Competition and Consumer Administration to obtain approval for economic concentration transactions;
    • Consulted on contract drafting and registration for consumers;
    • Consulted to assess the possibility of violating/dealing with competition law violations in business activities, vertical or horizontal integrated agreements in the same industry that is possible of causing effects of competition limitation or affect the consumers

Notable clients

• • Zarubezhneft JCS
  • An Vien Group
  • Samsung C&T Corporation
  • TLC Holdings
  • Keppel Land
  • Posco Energy
  • Maersk