With the slogan “Always think for you", Vietthink has become a companion, a reliable legal advisor for clients and a reputable partner to local competent authorities. With a dedicated and responsible team of lawyers, many cases in the fields of consulting, litigation and intellectual property have been successfully resolved, which helps protect the legitimate rights and benefits of the State, enterprises, organizations and individuals, while untangling the legal and administrative bureaucracy in business and investment activities.
Below are some of the cases in which Vietthink has successfully supported and advised clients in the fields of Project, Public Investment, Public-Private Partnerships Investment, M&A, Enterprise reconstruction, Intellectual Property, Litigation:
Consulting Ban Phuc Nickel Mine Co., Ltd (Son La province) on requesting Tax Department of Son La province to keep the rate of resource tax (0%) for nickel ore. Heretofore, the input value added tax (“VAT”) for exported nickel ore (output VAT rate is 0%) of Ban Phuc Nikel Mine Co., Ltd was refunded. In 2014, Tax Department of Son La province has officially informed in written to Ban Phuc Nikel Mine Co., Ltd that the Department will stop to refund input VAT for Ban Phuc Nickel Mine Co., Ltd due to nickel ore is "the resources or mineral has been exploited and processed to other products" in accordance with Decree No. 209/2013/ND-CP dated 1st January 2014 of Ministry of Finance on detail regulation and implementation guidance of VAT law. Results: With Vietthink’s efforts on consultancy and supporting client to work with relevant competent authorities such as Ministry of Finance, Ministry of Industry and Trade, Ministry of Science and Technology, Ministry of Planning and Investment, and Ministry of Natural resources and Environment. Such authorities has official responded in written to Ban Phuc Nikel Mine Co., Ltd in which affirmed that nickel ore is not " the resources or mineral has been exploited and processed to other products", and hence, the output VAT rate of 0% is still applied for Ban Phuc Nickel Mine Co., Ltd. when exporting nickel ore.
Consulting Joint Stock Commercial Bank of Foreign Trade of Vietnam – Hanoi Branch (Vietcombank Hanoi) on the acquisition of Hapro Building addressed at No.11B Cat Linh street, Dong Da district, Ha Noi city which owned by Hanoi Trade Corporation (Hapro). This is a complicated transaction due to its big value (approximate 500 billion VND) while current regulations related to office/building acquisition have not been clear and tight yet. Results: With Vietthink’s efforts on consultancy and supporting client in the process of negotiation between two parties, on 24th December 2014, Vietcombank Hanoi and Hapro signed property acquisition contract for acquiring the Building located at No. 11B Cat Linh street, Dong Da district, Hanoi city.
Consulting Electronic Components SEI Vietnam Co., Ltd [SEEV] (a member of Sumitomo Corporation in Japan) on requesting for increasing investment capital for manufacturer factory of electronic components no. 1 at Thang Long Industrial Park and investing two more manufacturer factory of electronic components at Thang Long Industrial Park and Quang Minh Industrial Park in Hanoi with a total capacity of two new factories is 116million IC boards per year, making the total capital of investment and additional investment for the projects up to 7,200 billion VND. This is one of complicated cases because at the time requesting for adjustment, the new regulations of Investment Law, Construction Law and Environmental Law have just taken effect without specific guidelines on implementation of new regulations. Results: With Vietthink’s efforts on consultancy and supporting client to working and explanation to competent authorities, in July 2016, SEEV was granted Investment Registration Certificate for the above-mentioned projects by Hanoi Industrial and Export Processing Zones Authority (HIZA).
Consulting Sao Vang Rubber Joint Stock Company (SRC) on negotiating and signing investment cooperation contract with Hoanh Son Group Joint stock company (Hoanh Son) to cooperate in investing and building the complex of commercial and house named Sao Vang - Hoanh Son including Shopping mall - Services - Offices - Apartment for sale and rent, addressed at 231 Nguyen Trai Street, Thanh Xuan District, Hanoi. This is a big project with intensive capital and scale, additionally, there are a lot of legal problems related to the project need to be solved because of under current law, it is required to transit land using purpose from construction of industrial factory into urban for the land of project.Results: With the deep experiences in consulting real estate, Vietthink positively supported SRC in this deal, and the result, on 15 June 2016, SRC and Hoanh Son signed investment cooperation contract for the complex of commercial and house named Sao Vang - Hoanh Son. On 27 july 2016, the project enterprise named Sao Vang - Hoanh Son co., Ltd has been established and registered for operation and implementation of the project.
Protecting the legitimate right and benefit of Vinh Thien Dong Nai JSC (“Claimant”) from the dispute under the contract for transferring land using right and property attached to land of Wooshu Dong Nai hotel with Vinh Tuong Co., Ltd (“Defendant”). The dispute was settled by People Court of Dong Nai Province with the value of dispute is 228 billion VND. Vietthink was the representative to protect the Claimant for this case. Results: On 4th July 2013, People Court of Dong Nai Province issued the first-instance judgment which forces Vinh Tuong Co., Ltd to hand over the land using right and property attached to land to Vinh Thien Dong Nai JSC according to the contract signed by two parties. On 11th October 2013, the Court of Appeal belongs to Supreme Court of Hochiminh City opened the appellate trials and decided to reject the appellate request of the Defendant and upheld the first-instance judgment.
Consulting Thanh Danh 3D Print Co., Ltd. on requesting for Certificate of outward investment registration for project of printing materials business in Corona city, California state, United States of America. Results: With Vietthink’s efforts on consultancy and supporting, on 28th January 2016, Thanh Danh 3D Print Co., Ltd has been granted Certificate of outward investment registration by Ministry of Planning and Investment. And on 01st February 2016, State Bank of Vietnam - Ho Chi Minh branch granted certificate of capital account registration and schedule of capital transfer abroad for Thanh Danh 3D Print Co., Ltd. The investment project of Thanh Danh 3D Print Co., Ltd. in the US has been operated since February 2016.
Consulting Asean Link Vietnam Co., Ltd on the dispute related to social insurance with Young One Bac Giang Co., Ltd, Social Insurance of Viet Yen district, Social Insurance of Bac Giang district and 500 employees of Asean Link Co., Ltd. Vietthink Law Firm was the representative to protect Asean Link Vietnam Co., Ltd in the process of negotiation for settlement of the dispute related to social insurance in Viet Yen District, Bac Giang Province. Results: With Vietthink’s efforts on consultancy and supporting, Asean Link Vietnam Co., Ltd and related parties have come into a agreement to solve the social insurance debt and solve the annoyance of employee, guarantee the rights of 500 employees as well as ensure the rights and benefits of related parties.
Consulting Ti-Ho Medical and Healthcare Technology Co., Ltd (Taiwan) on requesting for license of importation and distribution of artificial implant materials for teeth made in Taiwan into Vietnam market. It is the first time this kind of product has been imported to Vietnam and under the law of Vietnam this product would be carefully and strictly checked by competent authorities. Results: With Vietthink’s efforts on consultancy in the process of implementation of procedure as well as working with competent authorities, on 20th August 2015, Ti-Ho Medical and Healthcare Technology Co., Ltd has been granted license for importation and distribution of artificial implant materials for teeth by Ministry of Health.
Consulting PVI Reinsurance JSC (PVIRe) on the dispute related to reinsurance services contract between PVIRe and BIDV Insurance Corporation ("BIC") in respect of the accident of aircraft ATR72-600, No.RDPL-34233 of Laos Airlines crashed in Laos in 2013. Vietthink was the representative to protect PVIRe for this case. Results: With Vietthink’s efforts, on 28th July 2016, People Court of Hanoi city issued a judgment to reject BIC's request for compensate insurance fees from PVIRe.
Consulting Ocean Hospitality & Service Joint Stock Company (“OCH”) on restructuring their business operation. Results: With Vietthink’s efforts, OCH has successfully restructured their operation by completion of Board of management, board of director, Legal Representative and amendment of the charter and simplifying the enterprise’s management system; at the same time, re-structuring some assets and obligations to ensure a safe financial status of OCH.