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In Vietnam, when a property has multiple registered owners (as shown on the Land Use Rights Certificate, or "Red Book"), the law requires unanimous consent from all co-owners for leasing activities. If one owner signs a lease contract without the consent or power of attorney from the other(s), the contract may be considered legally invalid. Key Consequences of invalid leasing contract: ✅ 1. The lease may be declared null and void The contract can be challenged by the non-signing co-owner(s) Authorities (such as the Department of Planning and Investment) may refuse to accept the lease for purposes like FDI company registration ✅ 2. Rejection of company registration or licensing For FDI enterprises using the leased address as a registered office, an invalid lease can cause: Rejection of the Investment Registration Certificate (IRC) Delays or failure in Enterprise Registration Certificate (ERC) processing ✅ 3. Legal disputes and compensation risks The non-consenting co-owner may initiate a civil lawsuit The tenant may be forced...

With years of experience supporting foreign investors, Sinasean provides strategic consulting and full-service support to help you select and establish the most suitable FDI company type based on your industry, goals, and legal limitations. We handle everything from company formation, licensing (IRC/ERC), capital contribution consulting, office setup, to post-establishment compliance. 📌 Main Types of FDI Enterprises in Vietnam 1. 100% Foreign-Owned Limited Liability Company (LLC) ✅ Entirely owned and controlled by a foreign individual or organization ✅ Full autonomy in operations and decision-making ✅ Common in manufacturing, tech, trading, and consulting sectors 2. Multi-Member Limited Liability Company ✅ Two or more investors (foreign or mixed foreign-Vietnamese ownership) ✅ Capital and responsibilities are divided according to ownership ratio ✅ Suitable for medium to large collaborative projects 3. Joint Venture Company ✅ A partnership between a foreign investor and a Vietnamese partner (individual or enterprise) ✅ Required in conditional business sectors where 100% foreign ownership is restricted ✅ Common in sectors like logistics, education, and distribution 4....

Sinasean consults the business management on term of labor codes as below: Guidance on labor contract templates and onboarding processes Coordination with law firms for work permit and visa applications Connecting with trusted HR, payroll, and labor law advisory partners Ensuring your HR practices align with Vietnamese law and international standards 📌 FDI Enterprises’ Labor Obligations in Vietnam Foreign Direct Investment (FDI) companies operating in Vietnam must comply with the country's Labor Code and related regulations regarding employment practices, labor contracts, social insurance, and workplace conditions. These obligations are essential to ensure legal compliance, employee welfare, and sustainable operations. 🔹 Key Labor Obligations for FDI Enterprises: 1. Labor Contracts & Employment Terms ✅ Sign written labor contracts with all employees (except for casual work under 1 month) ✅ Use the correct contract types: Indefinite term Fixed term (12–36 months) Seasonal or specific jobs ✅ Contracts must clearly state salary, job description, working hours, insurance, and other rights/obligations 2. Internal Labor Regulations (ILRs) ✅ FDI companies...

Sinasean would like to point out a clear list of the main departments and government authorities in Vietnam involved in the FDI registration and approval process, depending on the nature and scope of the investment: 🏛️ Key Government Departments to Apply for FDI in Vietnam 1. Department of Planning and Investment (DPI) 🔹 Main authority responsible for processing: Investment Registration Certificate (IRC) Enterprise Registration Certificate (ERC) Approving investment projects not subject to national-level decision-making 📍 Handled at the provincial or city level where the company is located (e.g., Ho Chi Minh City DPI, Hanoi DPI) 2. Ministry of Planning and Investment (MPI) 🔹 Oversees national-level investment projects, especially: Projects that use large amounts of state-owned land Projects in restricted sectors or exceeding investment thresholds Strategic or cross-provincial investments 📍 Located in Hanoi 3. Industrial Zone or Export Processing Zone Management Boards 🔹 For FDI projects set up inside industrial parks, high-tech zones, or export zones These boards can issue IRC and ERC directly 📍 Examples: HEPZA (HCMC Export...

Sinasean would like to point out a professional outline of the procedure to register a Foreign Direct Investment (FDI) company in Vietnam (or similarly in other ASEAN countries), ideal for business consultancy content or advisory presentations. 🏢 Consulting on the Procedure to Register an FDI (Foreign Direct Investment) Company Establishing an FDI enterprise requires careful navigation of legal, procedural, and regulatory steps. Sinasean provides end-to-end consultancy to support foreign investors in successfully setting up and operating a business in Vietnam and ASEAN countries. 📋 Step-by-Step FDI Registration Procedure in Vietnam (May vary slightly depending on business sector and location) 1. Pre-licensing Consultation ✅ Evaluate investment project viability ✅ Identify the appropriate legal structure (e.g., LLC, JSC, RO) ✅ Check business lines and WTO/FTA commitments ✅ Conduct location and zoning checks (for specific industries) 2. Apply for the Investment Registration Certificate (IRC) Issued by the Department of Planning and Investment (DPI) 📄 Includes: Investment objectives Investor information Project location, scale, and capital Investment timeline ⏱️ Processing time: ~15...

Sinasean offers access to reputable legal advisors and local law firms in Vietnam, Korea, and ASEAN countries. We provide tailored legal consultancy as part of our business expansion and G2G advisory services. Business Legal Consultancy involves providing professional legal advice and support to companies regarding their operations, compliance, contracts, and regulatory obligations—especially when entering or expanding in new markets. 🔍 Key Areas of Business Legal Consultancy: Company Formation & Market Entry Advising on legal structures (LLC, JSC, Rep Office, etc.) Assistance with business registration, licensing, and local compliance Contract Drafting & Review Drafting and reviewing commercial agreements (sales, distribution, NDAs, joint ventures) Ensuring legal enforceability and risk mitigation Regulatory Compliance Advising on local laws, foreign investment regulations, and tax obligations Helping navigate industry-specific legal requirements (e.g., tech, pharma, manufacturing) Labor & Employment Law Guidance on hiring, labor contracts, employee benefits, and termination procedures Ensuring compliance with labor codes and dispute prevention Intellectual Property (IP) Protection Trademark, copyright, and patent registration Protection against IP infringement or misuse Dispute Resolution...