THE TEAM

Practices Area

Corporate Compliance, Investment, Tax, Labor & Employment

Overview

Esther joined the Firm in 2016 as an Associate and has been a significant contributor to LE & TRAN’s success throughout the years.  Focusing her practice on corporate compliance in various industries, she has rapidly accumulated vast experience and a reputation for reliability in her field.  With the ability to work under high pressure and deliver a flawless product at the request of our senior attorneys and clients, Esther has had the opportunity to play a key role in many significant cases which range from trade compliance to healthcare matters.

Esther’s primary practice areas are corporate/investment, taxation, labor and employment law.  She regularly provides advice to Vietnamese entities (especially foreign-owned enterprises) on vital contractual, transactional and corporate compliance matters.

Qualifications:
  • LL.B., Ho Chi Minh City University of Law (2016);
  • Certificate of solicitor training course completion, Vietnam Judicial Academy (2019).
Languages

Vietnamese and English

EXPERIENCE

Some of her notable professional accomplishments include:

Corporate/Investment

  • Advised and assisted a US company in establishing a subsidiary in one of the high-technology areas in Vietnam to manufacture, import, export, package and distribute a variety of parts and finished components for the automotive industry.
  • Advised and assisted a Singaporean company and a Vietnamese company in establishing a joint-venture to do business in the fields of advertising, technology and computer-related services.
  • Advised and assisted a well-established Hong Kong company (incorporated in 1984) in creating a subsidiary in Vietnam. This subsidiary now provides analysis and assessment of the technical characteristics of footwear products for manufacturers in Vietnam.
  • Advised and assisted Korean investors in establishing a company in Vietnam to conduct architectural activities and other technical-related consultancy (g. construction of buildings, utility projects and other civil engineering projects; demolition; site preparation; electrical, plumbing, heating and air-conditioning system installation; building completion and finishing; repair of machinery and equipment).
  • Advised and supported Vietnamese companies in obtaining sub-licenses, such as licenses for employment services, practice certificates for healthcare practitioners and operation licenses for healthcare facilities.
  • Provided advice and assistance for the transfer and purchase of shares in a Vietnamese solar plant project company to a foreign investor with a transfer value of 100 billion
  • Provided advice and support for the restructuring and reorganization of various types of companies and assisted these companies to register with the licensing authorities.
  • Advised and represented foreign-owned companies in registering their mid-/long-term foreign loans with the State Bank of Vietnam.
  • Evaluated and assessed the legal risks/implications (e.g. corporate, contract, taxation) and provided the regulatory requirements under Vietnamese law for multinational corporations conducting operations in Vietnam.
  • Created and reviewed a wide range of contracts/agreements relating to the operation of companies, such as: capital transfer agreements, loan agreements, land lease agreements, subcontracting agreements, and agreements on purchasing materials for processing.

Intellectual property

  • Advised and represented a global medical manufacturing enterprise in the resolution of an intellectual property rights infringement of our client’s product The products manufactured by the competitors contained many similar elements of the protected trademark registered and owned by our client which created confusion in the relevant consumer market.
  • Advised and represented a US company in the successful settlement of illegal usage of computer programs owned by the client.

Labor & Employment

  • Advised and supported numerous clients in trade union negotiations, creating non-competition and confidentiality agreements, internal labor rules, collective bargaining agreements and other internal policies, as well as dealing with matters related to labor discipline and termination of labor contracts.
  • Provided advice to corporations regarding employment of foreign employees in relation to the international organization requirements of Vietnamese entities. In addition, assisted clients in handling all work and residence related matters for foreign employees and their families in Vietnam, including work permits/certificates of exemption from work permits, visas, temporary residence cards and other requirements.
  • Advised and assisted foreign individuals in a wide range of matters regarding their work and residence in Vietnam, such as obtaining a work permit, visa, temporary residence card; as well as preparing testamentary instruments (e.g. wills and trusts), and agreements on marital assets and resolving other family-related matters.

Other matters

  • Continual research and monitoring of changes and developments in Vietnamese law, including newly promulgated regulations and sub-regulations (i.e. laws, decrees, circulars) and potential policies. These updates are extremely valuable and corresponding update reports, including the key relevant contents of the legal regulations and implications, are regularly customized and provided to our clients.
  • Advised a foreign insurance company (i.e. one of the world’s top 20 general insurance and reinsurance companies) regarding the scope of reasonable compensation related to a personal injury claim by a Vietnamese family and foreigners for an accident occurring at one of the most famous amusement parks in Vietnam.
  • Advised a foreigner residing in Vietnam on taxation issues arising from the transfer of dividend income from Singapore to Vietnam under Vietnamese tax law.