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Kien Trung Trinh

Partner

Biography

Kien Trung Trinh is a partner in Tilleke & Gibbins’ corporate and commercial group in Vietnam. With more than 20 years of experience in advising multinational companies on a wide range of commercial and corporate law, he is regarded as “knowledgeable, practical and responsive” by The Legal 500 Asia Pacific.

Kien is ranked among the top 100 lawyers in Vietnam on Asia Business Law Journal‘s “A-List” and is also acknowledged as one of Vietnam’s preeminent employment law experts by Asialaw Leading Lawyers. He provides sound advice on company work rules, benefit plans, social and health insurance, personal income tax, employment contracts, collective bargaining agreements, confidentiality agreements, and terminations and disciplinary actions. Kien has helped various companies secure termination agreements that have prevented outlays of significant sums.

He also takes an active role in the firm’s life sciences practice, where he advises and assists clients with registration of pharmaceuticals, medical devices, foods, and animal products.

Experience

  • Advised a number of multinational food companies on registration, advertisement, and label requirements for food products in Vietnam.
  • Advised clients on registration of medical devices in Vietnam.
  • Advised clients on the role of the trade union in the representation of employees’ interests and the obligations of the employer to consult with the trade union.
  • Assisted the subsidiary of a global leader in insurance brokering and risk management in Vietnam with contract review and advice on their daily operations.
  • Advised the Hong Kong subsidiary of one of the world’s largest insurance companies and a leading group of insurance service providers with regulations on cross-border supply of insurance services in Vietnam.
  • Served as local counsel to a Chinese bank in a USD 60,000,000 loan transaction to finance a portion of an expressway project. We also advised the bank with respect to a USD 6,500,000 loan transaction to finance an automotive assembly company.
  • Advised a Japanese brewery in a strategic share acquisition of a major state-owned brewery.
  • Advised a North American banking institution on a host of Vietnamese banking regulations regarding investment accounts, electronic banking, check clearing and international payment services, ACH transactions, foreign exchange services, and other issues.
  • Advised a global pharmaceutical company on all aspects of doing business in Vietnam, including the formation and operation of a representative office, registration as a foreign pharmaceutical company, property transactions, and employment termination and labor disciplinary procedures.
  • Prepared the application dossier and all additional documentation required to establish a 100% foreign-owned company engaging in the distribution of industrial tools in Vietnam. We also assisted the client with leasing office space.
  • Advised an international technology company on operating a representative office in Vietnam, including advising on the scope of work of a representative office, employment matters, tax matters, and government filing requirements. We prepared Vietnamese and English versions of labor contracts.
  • Assisted a global electronics company with all legal aspects of leasing industrial property, commencing construction, and acquiring a trading license.
  • Advised a leading high-tech company on HR matters, including drafting labor contracts, registering new staff members, preparing documents for employment termination, and registering staff resignations.
  • Advised a multinational pharmaceutical company regarding various corporate consolidation matters, including management, labor, and drug licensing, arising from its worldwide merger with another leading pharmaceutical company. After the integration became effective, we helped the subsidiaries comply with various legal requirements and assisted our client in obtaining the necessary permits.
  • Helped an Italian pharmaceutical company prepare an application dossier and obtain a license to operate in the area of medicinal products.
  • Prepared comprehensive information on employment law in Vietnam for an international law firm.
  • Assisted a global garment manufacturer in obtaining a branch license.
  • Acted as lead counsel in advising two leading Swedish industrial tools manufacturers in establishing wholly foreign-owned enterprises engaging in manufacturing, importing and exporting, and distribution activities in Vietnam as well as post-licensing, labor and employment, and corporate support services.
ABOUT Kien Trung

Industries

Insurance

Life Sciences

Practices

Corporate/M&A

Employment

Location

Languages

    Vietnamese

    English

Education

    BEc, Hanoi Foreign Trade University

    LLB, Hanoi Law University

Insights

October 1, 2024
Three of Tilleke & Gibbins’ labor and employment specialists in Vietnam have contributed the Vietnam chapter to the newly issued Labor and Employment Disputes 2024, a comprehensive guide from Lexology Panoramic to labor and employment dispute resolution in various jurisdictions around the world. The Vietnam chapter covers the following topics: Pre-action considerations: Key requirements, third-party funding, contingency fee arrangements Issuing a claim: Forum, territorial jurisdiction, standing, commencing claims, fees, service Defendants and legal personality: Types of claims, time limits, counterclaims Case management: Procedure, rules, amendments to claims, adding parties to proceedings, consolidating proceedings Class and collective actions: Special considerations Evidence: Witnesses, tactical considerations Interim relief: Availability, requirements Trial: Hearings conduct and typical time frames, confidentiality and public access, media reporting Elements of successful claims and burden of proof Alternative dispute resolution: Available types, requirements and expectations Enforcement: Collective employment and labor rights, enforcement of collective rights, standing Remedies and enforcement: Available remedies, assessing compensation, enforcement mechanisms Appeals: Appeal procedure and time frames, other means of challenge Update and trends: Recent cases and developments, technology developments, other issues The Vietnam chapter was authored by Truc Thi Thanh, Linh Ngoc Nguyen, and Kien Trung Trinh. Tilleke & Gibbins also contributed the Thailand chapter to Labor and Employment Disputes 2024.
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March 18, 2024
Lawyers from Tilleke & Gibbins’ labor and employment team have contributed a new Vietnam chapter to Thomson Reuters Practical Law’s Employment and Employee Benefits Global Guide. The guide provides a high-level comparative overview of employment laws and regulations across various jurisdictions around the world. Tilleke & Gibbins also contributed the Myanmar chapter of the guide. The Vietnam chapter covers a wide range of typical employment matters, such as limitations on working hours, paid leave requirements, minimum wage, and health and safety obligations. In addition, the guide provides insight on a number of topics of special interest to foreign investors doing business in Vietnam, including the following: Mandatory contents of a labor contract; Visas and permits required for expatriate employees; Employers’ obligations for protecting employees’ privacy and personal data; Procedural requirements for the dismissal of an employee; Employer and parent company liability. To view the latest version of Employment and Employee Benefits, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
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February 1, 2024
Tilleke & Gibbins contributed the Vietnam chapter of Foreign Investment Review 2024, a recently published global guide to the legal and regulatory environment for foreign investment in 27 jurisdictions worldwide. Published and distributed by Lexology Panoramic, the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important stipulations for foreign investors. The Vietnam chapter covers the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of the Vietnam chapter can be accessed through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, and Myanmar chapters to Foreign Investment Review 2024. Readers can also gain 30 days of complementary access to the full Foreign Investment Review 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.
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December 15, 2023
Employment law specialists from Tilleke & Gibbins in Vietnam provided the Vietnam chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This global guide, which covers 45 jurisdictions worldwide, examines the issue of workplace restructurings, particularly in relation to the needs of multinational companies. The Vietnam chapter was written by partner Kien Trung Trinh, counsel Sarah Galeski, and associate Dung Thi Phuong Le. The Q&A-style chapter focuses on key areas related to workplace restructuring, covering each of the following topics in detail: Reduction in workforce; Restructuring or reorganization of the business; Changing terms and conditions; and Areas to watch. A PDF of the Vietnam chapter can be downloaded through the button below. Tilleke & Gibbins also provided the Cambodia, Laos, Myanmar, and Thailand chapters to the Guide to Restructuring a Cross-Border Workforce 2024. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.
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Awards & Rankings

September 13, 2024
The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and
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September 12, 2024
Tilleke & Gibbins has once again secured impressive rankings in the recently released Asialaw 2024 rankings. The firm has maintained its position as a top legal service provider across multiple jurisdictions, earning a total of 39 rankings in practice and industry groups, 19 of which are in the highest tiers. The firm’s performance continues to reflect its exceptional client service and legal expertise across Southeast Asia. Tilleke & Gibbins is recognized in all available categories for Cambodia, Laos, and Thailand, demonstrating the firm’s strong presence across the region. In the individual rankings, 22 of the firm’s practitioners have been recognized, including three notable promotions and three new entries: Charunun Sathitsuksomboon (Thailand), newly ranked as a Notable Practitioner for Corporate and M&A. Linh Thi Mai Nguyen (Vietnam), promoted to Distinguished Practitioner for Intellectual Property. Loc Xuan Le (Vietnam), promoted to Elite Practitioner for Intellectual Property. Niti Muangkote (Laos), a new entry as a Rising Star for Banking and Finance. Prisna Sungwanna (Laos), newly ranked as a Distinguished Practitioner for Corporate and M&A and Banking & Finance. Suebsiri Taweepon (Thailand), promoted to Distinguished Practitioner for Intellectual Property and Technology and Telecommunications. Client feedback remains a key component of the Asialaw rankings, with Tilleke & Gibbins earning high praise for its responsiveness and commercial awareness. The firm’s sector-specific knowledge also continues to stand out, with clients expressing their appreciation of the firm’s understanding of their businesses’ operational contexts. For more details and to browse the full rankings, please visit the Asialaw website.
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July 19, 2024
Tilleke & Gibbins has been shortlisted for six awards at the Asialaw Awards 2024. The nominations highlight the firm’s outstanding performance and leadership in Southeast Asia’s legal landscape. The firm has received the following nominations: Regional Corporate/M&A Firm of the Year Cambodia Firm of the Year Laos Firm of the Year Thailand Firm of the Year In addition to the firm nominations, two individuals from Tilleke & Gibbins have been recognized for their exceptional contributions: Prisna Sungwanna – Laos Female Lawyer of the Year Charunun Sathitsuksomboon – Thailand Female Lawyer of the Year The Asialaw Awards celebrate the leading law firms and legal professionals across the region, recognizing excellence in practice and service. The winners will be announced at a ceremony in Kuala Lumpur, Malaysia, on September 26. For more information on the Asialaw Awards 2024 and to browse a full list of the winners, please visit the Asialaw website.
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May 10, 2024
Benchmark Litigation has unveiled its highly anticipated 2024 rankings for the top dispute resolution firms in the Asia-Pacific region, showcasing Tilleke & Gibbins’ continued success in both Thailand and Vietnam. The Benchmark Litigation rankings include two jurisdictions where Tilleke & Gibbins is active—Thailand and Vietnam. Full details of the firm’s rankings are below: Thailand Intellectual Property – Tier 1 Commercial & Transactions – Tier 2 Government & Regulatory – Tier 2 Labor & Employment – Tier 2 Trade & Customs – Tier 2 Vietnam Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (Foreign Firms) – Recommended (top tier in this category) Commercial & Transactions (Foreign Firms) – Tier 2 Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Highly Recommended (second-highest tier in this category) In the rankings of individual practitioners, a total of ten Tilleke & Gibbins lawyers were singled out for recognition: Alongkorn Tongmee – Trade & Customs Chusert Supasitthumrong – Labor & Employment Linh Duy Mai Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan Thawat Damsa-ard – Commercial and transactions Tiziana Sucharitkul – Commercial and Transactions, Government and Regulatory K. Loc – Intellectual Property Benchmark Litigation provides coverage of litigation and disputes markets around the world, based on interviews with dispute resolution specialists and clients, as well as analysis of the market’s most important cases and firm developments. To learn more about the rankings and to browse the results, please visit the Benchmark Litigation website.
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