Foreign Investment into Cambodia and Vietnam—Selected Pragmatic Aspects in M&A Deals

Cambodia and Vietnam remain attractive destinations for foreign investment. Following warm reception to a webinar in March 2022 which provided an overview of company law and foreign investment of Cambodia and Vietnam, the Asian Business Law Institute returns with another session to discuss selected pragmatic aspects in M&A deals involving foreign investors in these two jurisdictions:

• How Cambodia’s young Competition Law may add another layer of analysis in structuring M&A deals in the country;

• Role of taxation in M&A deals in Cambodia, including avoidance of double taxation treaties, treatment of specific taxes such as withholding tax and capital gains tax, taxation of dividends, etc.

• How to conduct an M&A deal in Vietnam, focusing on detailed procedures such as those concerning how to obtain necessary approvals, transfer funds, etc. Reference will also be made to competition law and taxation considerations for M&A deals in Vietnam.

Where relevant, speakers will also touch on industry-specific rules, such as licensing requirements for different sectors popular with foreign investors.

When is this webinar scheduled?

This webinar will take place from 3pm to 4:15pm (Singapore time) on Friday, 24 March 2023 on Zoom.

Please be mindful of time difference if you are joining from outside of Singapore.

Who will be speaking at this webinar (in alphabetical order)?

Jay Cohen (Phnom Penh, Cambodia)

Partner and Director, Tilleke & Gibbins

Jay Cohen is a partner and director of Tilleke & Gibbins’ Cambodia practice, leading the Phnom Penh office’s commercial and intellectual property practices.

With over 15 years of experience in Asia, Jay is an authority on inbound investments in the region. His practice covers every stage of the investment process, beginning with offshore structuring issues and market entry into Cambodia, including advising on appropriate entities, tax considerations, licensing requirements, intellectual property protection, and labor compliance matters. He also regularly assists clients with implementing appropriate corporate and investment structures, advising on ongoing operations, and negotiating and drafting commercial contracts.

Jay is a trusted advisor to businesses on a variety of general corporate, commercial, intellectual property, and compliance matters in Cambodia, including licensing and regulation; civil aviation compliance procedures (including aircraft registration and deregistration); real estate investment structuring; resource development project licensing and concessions; trademark and patent registration and enforcement; labor and employment matters; and mergers and acquisitions.

Jay is a truly global practitioner, entrusted with high-value commercial matters by both local clients in Cambodia and international clients from across Asia, Europe, and the United States alike. He is ranked as a leading lawyer in Cambodia by Asialaw Leading Lawyers, Chambers Asia-Pacific, and The Legal 500 Asia Pacific.

Phuong Thi Minh Tran (Ho Chi Minh City, Vietnam)

Associate, Tilleke & Gibbins

Phuong Thi Minh Tran is an associate in Tilleke & Gibbins’ Ho Chi Minh City office. Her practice covers M&A and due diligence, licensing and corporate formation, and contract review, among other corporate and commercial matters. With a focus on client service, she provides responsive, reliable advice on issues of vital importance to businesses and investors in Vietnam.

Phuong has worked with clients across a wide range of industries and is serving many well-known multinationals in the pharmaceutical sector.

Tan Nhat Truong Phan (Ho Chi Minh City, Vietnam)

Associate, Tilleke & Gibbins

Tan Nhat Truong Phan is an associate with the corporate and commercial team in Tilleke & Gibbins’ Ho Chi Minh City office. His practice covers licensing and corporate formation, labor and employment, and M&A and due diligence. Tan excels at providing clear, concise advice to the firm’s clients and on issues of Vietnamese law, and actively supports foreign companies in establishing and operating businesses in Vietnam across various industry sectors.

He has worked with many high-profile clients on intercompany loans, capital arrangement and large-scale restructuring, Tan also has a particularly strong background in life sciences and manufacturing.

I am qualified in a jurisdiction other than Singapore. Will attending this webinar entitle me to claim relevant CPD-equivalent points in my own jurisdiction?

The answer to this question depends on the rules of the relevant governing body in your jurisdiction. In the past, we have issued letters of attendance accompanied by actual Zoom log-in records to assist non-Singapore-qualified attendees to claim their professional learning points. Therefore, if a letter of attendance and a Zoom record are all you need, we will be able to help. Likewise, we have issued the same set of documents to professionals other than lawyers who may also have such continuing education requirements.

However, if the rules of your jurisdiction require an event to be accredited, we regret that this session will not entitle you to claim points outside of Singapore.

What if I am unable to attend this webinar after registration? Are the fees paid refundable?

Unfortunately, the payments made are not refundable. If you are unable to attend the webinar, we request that you contact info@abli.asia as soon as possible so that we can let you transfer your slot to your colleague.

I am interested in this webinar but unable to make it to the live session. If I register, will a recording be made available to me?

Yes, a recording of the webinar can be made available upon request via a private link, though it is important to bear in mind that viewing the recording will not entitle you to any public CPD points. In principle, we only provide recording upon request by a paid attendee.

Will the materials presented at the webinar be made available to attendees?

The materials can be made available to attendees if the speakers so consent as they are the copyright owners of their presentation materials. Those who wish to receive such materials are advised to write to info@abli.asia after the webinar for more information.

I want to sign up for the webinar but my organization requires registration to be done by other means, such as by sending an invoice to a dedicated portal. How do I register in this case?

In principle, your registration for the webinar is only confirmed after payment is made online. However, if you need to pay against a manual invoice by bank transfer or other means, or if you are from a Singapore government agency that uses a central invoicing system, please write to info@abli.asia so that ABLI can arrange an alternative way of registration for you, taking your needs into consideration.

Who can I contact if I have more questions?

Please write to info@abli.asia for any other query you may have about this webinar.

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