In June 2019, Chinese Company A and Vietnam Group Co. B intend to carry out in-depth cooperation to jointly set up a factory in Vietnam, with the Chinese side sending technical personnel to provide technical support to the refining of rare earth ores in Vietnamese mines, while the Chinese side acquires the exclusive rights to sell rare earth concentrates and rare earth products of the Joint venture factory to mainland China, Hong Kong, Macao and Taiwan, etc.
Lasting one year, the project was successfully implemented and put into operation, and the investors from both China and Vietnam gained a desirable profit and achieved a win-win progress.
As to an offshore investment, many factors are involved in this case such as capital security, technical security, personnel security and protection of rare metals. Also, since the transaction covered multiple regions including China, Hong Kong, Vietnam, the investors have to understand relevant legal regulations and policies of multiple jurisdictions.
The Chinese lawyers comprehensively inspected the production technology, capital reserves and ore reserves of both Chinese and Vietnamese investors, properly applied the legal and policy red lines of several jurisdictions, especially the restrictions on technology export and rare earth ore export of both China and Vietnam, framed the details of the project in various areas such as economic investment, technology export and exclusive agency, and provided multi-lingual negotiation and document drafting throughout the process, assisted in the processing of various domestic and foreign approval documents, solidly promoted the project, ensured the safety of capital, technology and personnel of both Chinese and Vietnamese investors, and made the project finally achieve a win-win outcome.
The case has positive guidance in helping Chinese companies to invest abroad, export technology and building up the image of China as an economic and technological powerhouse.