VIETNAM’S TRUSTED BUSINESS LITIGATION FIRM
Table of Content
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THE FIRM
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THE TEAM
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COMMERCIAL LITIGATION & DISPUTE RESOLUTION
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LABOR & EMPLOYMENT
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AWARDS
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WE ARE A MEMBER OF INTERNATIONAL ASSOCIATIONS
THE FIRM
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About Le & Tran Le & Tran is recognized and awarded as one of the best business litigation firms in Vietnam. We have been providing exceptional legal advice and representation in business litigation and corporate legal compliance to discerning clients. Le & Tran was founded in 2011 by Stephen Le Hoang Chuong, who left the prominent global firm Baker & McKenzie to focus his practice on litigation. Stephen has an extensive range of trial and appellate advocacy experience in a variety of fields, and has appeared as legal counsel at every level of court and arbitration tribunal in Vietnam.
Commercial disputes can be disruptive, costly, and stressful. But they don’t have to be.
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Why We Win There are many reasons why our practice differs from that of our competitors. We are one of the most trusted business litigation firms in Vietnam because we win the great majority of our cases. And we have an outstanding record of success to demonstrate it. Why we win is very simple. We win because we focus on ensuring a fair process and a fair outcome for all parties.
We win because we focus on ensuring a fair process and a fair outcome for all parties. Although Vietnamese legal texts are ambiguous and corruption is still too prevalent in the justice system, seeking redress before a Vietnamese court is not doomed. There is a proven way to make justice prevail. We will never take a case to trial if unfair tactics are at play. This is because in such a case, the justice system fails, and so does everyone involved. A broken court process can never bring justice to the parties. It’s that simple. Corruption only wins when all stakeholders give in to unfair practices. We never do. Not only do we defend procedural fairness on behalf of our clients, but we impose it on every actor involved the dispute. Opposing counsel’s unfair tactics do not impress us and we never respond to such unprofessional behavior. Instead, we use tactics to expose them and force them to get into line.
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09 Only a strong and impartial court process can offer justice to the parties. We enforce it fervently.
In numerous instances, we have denounced corrupt practices taking place in courts and arbitration proceedings, and filed complaints to make stop them. What we have learned is that when procedural fairness is enforced, justice easily prevails. We strongly believe that it is every litigator’s role in Vietnam to ensure that procedural fairness is respected by all stakeholders and at every stage of the proceedings.
We cannot influence judges’ decisions. But we can ensure that the context in which they make the decision is fair and free of corruption.
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Why Choose A Litigation Firm? Interview with Stephen, Founding Partner at Le & Tran
“It seems that the market has recognized that it’s not the number of lawyers that matters, it’s the quality and the knowledge of a very specialized area,” says Stephen, the founding partner at Le & Tran. “This is especially true in Vietnam, where the trend with law firms is to become full-service where the law experts are hard to find. We believe that clients are better served by specialized firms who develop an expertise in specific areas of the law, and acquire an in-depth understanding of how to deal with the relevant authorities in Vietnam,” he explains.
We believe that complex litigation is an effective team handled by smaller teams comprised of smart, highly experienced lawyers focused on results rather than process.
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11 Foreign companies nowadays are demanding more efficient communication from lawyers, according to Stephen. “They’re obviously looking for very highquality service and speedy resolution of their matters. They’re asking lawyers to understand their needs, to educate them on Vietnamese laws and avoid surprises,” he says.
Our experts are remained in each case to maintain service quality. “Our most common mandates are one-off files, where we are brought in on specific litigation mandates often when the stakes are very high and the pressure to achieve good results is enormous. Flexibility in our operation and assignment allows us to staff our files appropriately, to keep our overhead reasonable, and to provide very attentive and responsive client service,” Stephen explains.
We specialize on specific litigation mandates where stakes are high. Lawyers in a litigation firm know the status of all their files and are aware of the steps necessary to progress those files to a timely resolution. “The clients of our firm are kept current on the status of their matter and can be confident that their files are being dealt with in a timely manner,” says Stephen. “Full-service firms tend to charge clients based on step-by-step litigation protocols, which may or may not be the most efficient way to solve the dispute. Litigation firm like us, who does not enjoy the gravitas of the cases, rather build our reputation on efficient and speedy resolution of disputes. We get our client to a resolution as soon as possible. Because in most cases, the client’s best interests are not served by going to court. You need to be strategic, negotiate and settle.”
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Anti-Corruption and Anti-Bribery Policy At Le & Tran, we are 100% anti-corruption and anti-bribery. For us, this means that we do not provide any form of corrupt payment to any public official in Vietnam. We know we would be breaking the law, for example, if we bribed a judge to make sure that he or she decides a case in our favor. Not only is the behavior wrong, but it harms our justice system. So we don’t do it. Moreover, our commitment to being corruption-free doesn’t stop with the way we handle our cases. In Vietnam, it is everyone’s role to ensure that corruption is denounced. Unfortunately, we too often see corrupt practices or unfair tactics being used by litigators to bend the law in their favor. Many times in the past, we have reported such practices and filed complaints before the relevant authorities. And we will continue to do so, because the strength of the rule of law in Vietnam and the predictability of our justice system depends on it.
Not all Vietnamese litigators are made equal. Good litigators refrain from using unfair tactics and refuse to give in to corruption.
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Our Fee Arrangements Many law firms will promise you they will focus on results and solve your problems efficiently. But if their fee structure is based on billable hours, they simply don’t back up their own words. A law firm should not get paid more the longer it takes it to do a task. Yet that is exactly the incentive hourly billing promotes. Our fees don’t depend on how long we can spend on a task or how many associates we can put on it. Our fees depend on our success.
We share the risk with you. Our fees depend on our success.
Except in special circumstances, we do not charge by the hour. In virtually every matter, some portion of our fee is based on the outcome of the case. We enter into fee agreements that reward success and efficiency. We believe our interests should be aligned with our clients’ interests. That means, we believe we should get paid more if we win and less if we lose. We employ a variety of fee arrangements, including flat monthly fees, partial contingency fees, and similar alternatives. We are flexible depending on our clients’ needs. But our fees are fixed and certain, unlike the unpredictable hourly billing and the ever-changing and always-exceeded “budgets” provided by most firms.
Our fees are fixed and certain. You keep control over them.
THE TEAM
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The Senior Attorneys Stephen is the senior litigator and founder of Le & Tran. With over 15 years of extensive experience, Stephen has impressive litigation experience and a wealth of knowledge and understanding ranging from business litigation, judgment enforcement, labor – employment, and internal and external corporate regulatory compliance. He is the winner of the Disputes Star of the Year of Vietnam (2017) by AsiaLaw Profiles.
STEPHEN LE HOANG CHUONG Founder/ Managing Partner
Stephen has received numerous commendations from multinational corporate clients referencing his work. A prime example is the endorsement from PETRONAS (Malaysia’s fully integrated oil and gas multinational ranked among the largest corporations in FORTUNE Global 500®) as follows:
• COMPETENCY – From the interview during the selection of law firms for acting on behalf of PETRONAS, we view LE & TRAN as possessing core expertise in labor and IR matters, and has strong litigation background / strategic skills in providing legal opinion. In addition, LE & TRAN confirmed that it could provide speedy turn-around time which is a very important criteria for PETRONAS in the selection of a suitable law firm. Our first impression was that LE & TRAN readily provided a solution to the current issue presented and added value to our company as well as exhibiting reasonable legal costs / fees. • PROFESSIONALISM AND ACCOUNTABILITY – During the first task given, it was observed that the head advocate and solicitor, Mr. Stephen (Le Hoang Chuong), is a highly motivated lawyer who exhibited a desire to achieve results above and beyond expectations for the best interests of PETRONAS. Mr. Stephen demonstrated, especially to our Malaysian colleagues, a higher standard of professionalism than most, both on a personal and professional level by promoting strong values, maintaining solid accountability for his words/ actions and never making excuses in managing any task given to him by PETRONAS. He accepts responsibility for the decision made and remains calm in a crisis or emergency situation. • FOCUS AND EXECUTION – LE & TRAN proved to PETRONAS its ability to effectively execute tasks by showing a strong, unstoppable drive to push forward the completion of any assignment given. In addition, Mr. Stephen’s strength is his ability to understand and manage his client’s expectations which is crucial to achieve the desired result. Further, Stephen has the ability to confront others on any issues without fear of adverse arguments. He also realizes how to approach the client in a cordial, respectful, and honest way to address concerns.”
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17 Jacob has over 10 years of experience in M&A projects and corporate compliance, much of which he gained as a special counsel at one of the most prestigious international law firms in Vietnam, “Baker & McKenzie”. Jacob is not only an experienced corporate attorney, but also a skilled mentor for critical legal MR. JACOB HEILSKOV NIELSEN Affiliate Counsel
issues in corporate operations. He assists Stephen in providing our clients valuable advice to resolve corporate disputes amicably and minimize their legal risks during corporate restructuring. He also works closely with Stephen in the M&A litigation projects of the Firm.
Jacob was honored and ranked as a leading lawyer by the Legal 500 and Chambers & Partners from 2013 to 2015 as following: •
Associate To Watch 2013 and 2014 Recommended as an “associate to watch” by Asia Pacific Legal 500 highlighting “deal structuring and negotiation skills”. Asia Pacific Legal 500
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Leading Lawyer 2013 Recommended as a leading lawyer in Vietnam by Chambers & Partners 2013: “Jacob Nielsen enters the rankings this year on the back of client feedback highlighting the quality of his legal advice. Sources describe him as a truly superb attorney.” Chambers & Partners
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Leading Lawyer 2014 Recommended as a leading lawyer in Vietnam by Chambers & Partners 2014: “Jacob Heilskov Nielsen is described as a superstar of the future”. Chambers & Partners
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Completing her training in Singapore in the fields of taxation and business management before returning to Vietnam, Katherine has successfully restructured and streamlined the operational processes and internal systems for the entire Firm, a primary reason for Le & Tran’s success over the last five years. As a Licensed Tax Practitioner in Vietnam & an ACCA Affiliate in Singapore, she has established and maintained an innovative business model for the Firm and provides vital oversight to our front & back offices with Steve to ensure that all procedures are adopted in line with our business goals. KATHERINE TRAN DONG PHUONG Possessing 10 years of corporate advisory experience Partner Vietnam Licensed Tax Advisor Affiliate ACCA Singapore
and a talent for solving complex problems, she not only represents the Firm in partnership with our high – volume clients but also manages and facilitates all key resources to consistently advance our standards of legal service.
Ms. Helen Nguyen is one of the exceptional attorneys at Le & Tran. Notably, she was awarded and recognized as the best lawyer of Vietnam by the Vietnam Bar Association in 2012. In addition, prior to joining Le & Tran as a partner, Helen acquired years of exceptional litigation experience at the firm of Hien & Associates.
MRS. HELEN NGUYEN THI HIEN Partner
Helen focuses her practice primarily on commercial litigation and labor & employment compliance. Working predominantly with multinational companies, she provides critical advice on a wide range of labor & employment matters. With excellent communication skills and an astute legal mind, Helen quickly comprehends her clients’ needs and offers practical approaches to tackle the issues they encounter. Helen has special expertise in commercial litigation and labor compliance, which is unique for a female lawyer in Vietnam. Helen, together with the managing partner, has been fundamental in developing a reputable litigation practice for the firm, both at front end and back end.
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19 Derek joined LE & TRAN soon after it was first established in 2011 and has been a key member in the Firm’s successful development. He frequently represents the Firm and its clients in litigation and trials in a wide range of commercial and labor disputes both at Court and at the Vietnam International Arbitration Centre. Much of his experience and success derives from advising multinational enterprises in the industries of construction, insurance and manufacturing. Besides his professionalism and experience Mr. DEREK PHAN VAN CONG DANH in corporate counselling, Derek is involved in researching various academic and real-world Senior Associate treatises and studies related to complex legal issues in order to devise effective strategies and solutions for our clients.
Hannah has over 5 years of extensive experience in legal advisory services. She has successfully resolved hundreds of complex legal issues relating to labor transactions. In addition, Hannah provides vital support to many companies in planning strategies and navigating business immigration and corporate reorganization issues in compliance with the complex legal system in Vietnam. With her considerable expertise, deep analytical abilities, and intensive work experience as a senior Ms. HANNAH HUYNH THI MY HANH associate at the Firm, her opinions are valued Senior Associate in the legal community and, in conjunction with Stephen, she has spoken at several legal seminars over the past few years.
COMMERCIAL LITIGATION & DISPUTE RESOLUTION
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22 Whenever things don’t go according to plan, your business suffers and your energy gets wasted solving a dispute instead of serving your customers. At Le & Tran, we make sure that your concerns are heard, and we tenaciously advocate and negotiate on your behalf so that you can go back to what you do best: running your business.
We’ll help your business operate smoothly in Vietnam. Sometimes, what you need is an assertive litigator who will take your case to court and seek justice for the wrongdoing you have suffered. But other times, all you need is a little help to reach a negotiated solution without making too many waves. No matter what your situation, we are here to help.
Our strength as advocates lies in our intellect, creativity, and tenacity. Whether your legal problem is simple or incredibly complex, we will help you to find the best and most cost-effective solution and pursue the outcome in a manner that makes business sense. We value your trust and long term relationship more than our fees, so we always choose the fastest route to get you to a resolution.
We focus on results. Not billable hours. Lawyers are like doctors: when you come to us, you are in pain. We understand that you would much rather be running your business than talking to a lawyer, and we believe that our role is making this pain go away as quickly and as efficiently as possible.
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23 Good advocates have tremendous empathy.
At trial, we win by arguing a sound legal reasoning, rather than telling the judge why he or she should come out our way. We help the judge reach the right decision on his or her own. We establish ourselves as the teacher, the reliable source of information. Our credibility is everything.
Good litigators are good teachers.
Of course, not all cases go to trial. But we have found that our clients get the best settlements when the opposition is convinced that we are not afraid to try the case. Our preparedness to go to trial gives our clients a substantial advantage at the settlement table.
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24 Good trial lawyers get good settlements. When litigation is unavoidable, we assemble teams of trial lawyers who handle disputes ranging from small to complex cases with equal effectiveness and efficiency. Our litigators are skilled orators who will step into your shoes and convey your concerns with the same passion as you would.
Our lawyers are passionate courtroom advocates, not merely paper litigators.
Since we do not charge by the hour, we are not interested in escalating disputes, using unfair delay tactics or simply getting our day in court. Unlike large firms who charge based on a step-by-step litigation protocol that may or may not apply to your case, we go straight to point B. Our reputation as a business litigation firm depends on it.
The only way to win is to protect the fairness of the process.
We spend the time and energy required to understand the imperatives of your industry and your bottom line. Most of the time, we get the results you are seeking out-of-court, avoiding unnecessary delays and costs, as well as unwanted attention to your brand.
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25 The best legal solution is always the one that minimizes disruption to your business. Although there is no system of court precedent in Vietnam, looking at international case law can provide a wealth of information. Sound legal reasoning can be learned from other jurisdictions, and that’s why our lawyers oftentimes look outside of Vietnam to find creative solutions to thorny statutory interpretation problems.
Our litigators speak fluent English and are well-versed in international research. Our commercial litigation expertise include the following: • Breach of Contract • Interference with contracts and Other Business Torts • Partnership and Shareholder Disputes • Employment and Non-compete Disputes • Employment and Disability Discrimination Allegations • Unfair Trade Practices • Internal investigations, Including Financial Accounting and Reporting, Fraud, and Foreign Corrupt Practices Act Violations • investor Fraud Claims • Real Estate • International Disputes • Partnership Disputes • Securities Litigation Our commercial litigation practice extends to many industries, including banking, finance, technology, real estate development, and entertainment and media.
LABOR & EMPLOYMENT
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28 Labor laws and regulations are in constant transition in Vietnam, and they consist of a mixed bag of local regulations rooted in communist legal theory (generally pro-employee), and international treaty ratification (for instance, imposing the creation of labor unions). For foreign companies establishing a presence in Vietnam, even with the best intentions, it can be challenging to comply with all the local labor regulations. Whether you need proactive advice to bring your company into compliance in Vietnam, or you need effective negotiators and litigators to handle labor and employment disputes, we will work with you to obtain the results you want.
Sometimes, the most innovative solution comes from a long memory.
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29 When it comes to managing your legal risks in Vietnam, your best advisors are litigators. Particularly in Vietnam, exposure to labor litigation gives lawyers an in-depth knowledge of what can go wrong. For instance, they understand how certain provisions are interpreted by the courts, or what approach should be taken when the law is silent on a certain issue. With their experience in court, our labor litigators can help you prevent liability and avoid unnecessary bumps down the road.
Our labor lawyers are also litigators. They know what can go wrong.
Employment litigation can be extremely costly to employers. That’s why we give advice based on preventing litigation where possible, and resolving labor and employment disputes in the most effective manner. We will save you both liability and legal costs wherever possible, through the use of negotiation techniques and litigation strategy.
It takes skill and experience to win an argument. It takes even more to avoid one.
When litigation is unavoidable, we assemble teams of trial lawyers who handle disputes ranging from thorny single-plaintiff to bet-the-company cases with equal effectiveness and efficiency. They are skilled orators who convey your concerns with the same passion as you would.
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30 Our lawyers are passionate courtroom advocates, not merely paper litigators. Foreign companies setting up an office in Vietnam often procrastinate complying with their labor obligations, and too often end up with unpleasant surprises, such as an adverse worker or government action. Consulting a lawyer early is the best way to prevent legal costs down the road.
An ounce of strategy day-to-day is worth a pound of cure.
Whether you are looking to increase expertise through the hiring of foreign talent or through the relocation of personnel abroad, we offer you the full spectrum of business immigration services. We assist clients at each and every step of the process – from case analysis and determination of eligibility to comprehensive immigration and work permit services in Vietnam.
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31 Our areas of work include • Boardroom Disputes and Severance Claims, Including Team Moves and Post-Termination Restrictions • Employment Litigation, Including Discrimination and Breach of Contract Claims In All Courts (Including Before Juries, Where Applicable) and Tribunals • Service Agreements, Contracts of Employment and Staff Handbooks • Employment Policies and Internal Labor Regulations Ranging from Performance, Sickness and Misconduct Procedures to Maternity and Parental Leave Schemes • Executive Remuneration and Corporate Governance • Restructuring and Reorganization • Wrongful Termination • International Employment Issues Including Dual Contracts and International Secondments • Immigration, Visas/Work Permits And International Mobility • Trade Secret Theft And Restrictive Covenants, Including Non-Compete Clauses • Whistleblower And Retaliation Claims and Related Investigations • Outsourcing • General Employment Issues (Including Trade Union and General Contractual Issues) • Recruitment Issues.
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Awards Asialaw Dispute Resolution Awards 2017 Asialaw Profiles is essential reading for corporate executives, in-house counsel and anyone with a professional interest in the legal services market in the Asia-Pacific region. A team of knowledgeable writers based in the region researches, writes and edits the guide to the leading regional and domestic law firms in the Asia-Pacific. Le & Tran is the finalist of the following AsiaLaw Profiles dispute resolution awards: • National Law Firm of the Year - Vietnam • Dispute Boutique of the Year (sole representative of Vietnam in the list)
LE & TRAN - Vietnam’s Premier Business Litigation Firm is a winner in category:
Dispute Star of the Year for Stephen Le Hoang Chuong
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33 Annual Global Law Experts Awards 8th Awards - 2017 GLE is one of the world’s leading online resource for locating specialist legal advisers for the services required by businesses, investors and individuals. The website has shown double digit user growth month on month since inception with currently over 30,000 users visiting their website each month. The GLE awards have been running since 2010 and have helped many winners to further enhance their exposure to potential clients and to reaffirm their position as a market leader in their field.
LE & TRAN - Vietnam’s Premier Business Litigation Firm is a winner in boutique category:
Dispute Resolution Law Firm of the Year in Vietnam
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We are a member of International Associations
LE & TRAN Building No.9, Area 284 Nguyen Trong Tuyen Street Ward 10, Phu Nhuan District, Ho Chi Minh City T F
( +84 28 ) 38 42 12 42
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info@letranlaw.com
( +84 28 ) 38 44 40 80
www.letranlaw.com