Legal Nominee Services

With extensive knowledge and experience in licensing and understanding the challenges of starting a business, our team of experts can assist entrepreneurs in choosing the right representative at Vietnam and ensure full compliance with applicable laws and regulations.

What is a legal nominee services?

Vietnamese individuals, on behalf of foreign investors, manage capital contributions and/or act as representatives to hold key management positions in companies in Vietnam at the request of investors.

What are the roles and obligations of the nominee in Vietnam?

  • Appointing a local nominee as owner/shareholder of the company can avoid restrictions on foreign investment and shorten the time required to establish the company.

  • The Vietnamese individual appointed by the foreign investors is registered as owner of the capital or shares of the target company. Further, to ensure administrative compliance as registered owner/shareholder, the nominee can also hold key managerial positions if required by the investors.

Legal services:

  • Selecting and appointing a nominee to represent the investors as Director, Shareholder, Head of Representative Office, Head of branch, etc.

  • Tailoring nominee service agreements to protect the investors’ rights.

How to proceed?

  • We will discuss with customers to understand the requirements and investment goals in Vietnam;

  • We nominate a reputable individual as a representative at the request of the client and advise on the work the representative is allowed to do, the strengths and limitations of appointing a Vietnamese individual as a nominee to contribute and/or represent you to hold managerial positions in the company in Vietnam;

  • Consulting and drafting agreements to act as a representative for customers;

  • Monitor the activities of the nominee and report to the client.

FAQs

Appointing a local nominee as owner/shareholder of the company can allow to avoid restrictions on foreign investment and shorten the time required to establish the company. The nominee or trustee structure also protects the identity of the beneficial owner as only the name of the Vietnamese nominee will be officially registered in the company.

The Vietnamese individual appointed by the foreign investors is registered as owner of the capital or shares of the target company. Further to ensuring administrative compliance as registered owner/shareholder, the nominee can also hold key managerial positions if required by the investors.

A joint venture company involving foreign and Vietnamese partners should be set up by obtaining an Investment Registration Certificate (“IRC”) to register the project of establishing the joint venture company and then by obtaining the Enterprise Registration Certificate (“ERC”).

In some cases, the Vietnamese partner(s) will establish the company without the foreign partner(s) and later transfer part of the ownership to the foreign investor(s).

It is mandatory for all companies to have at least one of its legal representatives in Vietnam at all time; however, the legal representative does not need to be a permanent resident in Vietnam.

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