SERVICE OF LEGAL DUE DILIGENCE FOR MERGE & ACQUISITION IN VIETNAM
Due Diligence (DD), is the process of researching and reviewing the entire operation and internal business of the target enterprise, giving the most complete and detailed picture of the target enterprise to produce a detailed investigation report, which is used as a basis for the parties to negotiate share transfer agreements in capital contribution transactions and the purchase of shares.
As a legal expert, LVT Lawyers will perform Legal Due Diligence (LDD) services to uncover current or potential risks and provide the buyer with important insights into the legal issues of the business. It indicates to buyers whether the business they are interested in is fully compliant with the law or not and provides necessary and legal warnings for the parties to consider in this transaction.
LVT Lawyers conducts a detailed legal investigation of enterprises, including the following steps:
(i) Agree on the scope of the assessment:
LVT Lawyers assess issues that need to be investigated such as: establishment license, charter, capital and capital structure, capital contributors, management board and key personnel, labor, land, property, intellectual property, environment, important contracts, tax, disputes and litigation, compliance with the law...; Investigation period (from the establishment to the present, or within the last 3-5 years or special requests from customers).
(ii) Prepare a list of documents and information to be provided by the target company:
This list is transferred to the target company to prepare and provide to LVT Lawyers to assess the dossier.
(iii) Field investigations:
Normally, LVT Lawyers will study the documents provided by the target company and may have to go to the field to verify the actual activities of the target company. During on-site investigations, LVT Lawyers may conduct interviews with stakeholders about the company's operations, including checks with relevant state agencies to determine the authenticity of records and information provided by the target company.
(iv) Issue a Due diligence report:
LVT Lawyers will synthesize the information collected from documents and field investigations into due diligence reports and send them to the parties for review. The detailed investigation report may be amended or supplemented depending on customer requirements or feedback from stakeholders until it is finalized.
