FCPA – Foreign Corrupt Practices Act

Our lawyers assist clients handling matters involving the Foreign Corrupt Practices Act and other international anti-corruption laws.

How We Can Help


We provide support for FCPA and related investigations.  We provide dual language in-house training and we advise on fact situations or proposed action whose propriety or legality under Vietnamese law may be questioned

We can draft compliance language for subcontractors, distributors, agents and the like. 

We advise on issues regarding, say, the degree of access employers have to employees’ communications; we assist with internal investigations. 



Sesto E Vecchi

HCMC Office

Nguyen Nhat Anh Thu

HCMC Office

Representative clients

Willkie Farr & Gallagher

Significant Cases



Notable Anti-corruption Compliance matters

Skadden, Arps, Slate, Meagher & Flom
Worked with them to assess risks under Vietnamese criminal and anti-corruption law in proposed settlement by multinationals with US Department of Justice and Securities & Exchange Commission. 

Worked on whistleblowing incidents, drafted Codes of Conduct, provided guidance on gifts, incentive programs. 

Investigated unauthorized payments by employees including interview of employees. 

An international bank
Worked with the bank to determine the legitimacy of certain internal transactions. 

All Undisclosed Clients
Along with Skadden, Arps, Slate, Meagher & Flom, comprehensive review of risks under Vietnamese criminal laws and anti-corruption laws of a proposed US Department of Justice (DOJ)/Securities & Exchange Commission (SEC) settlement agreement with multinational client, where the settlement agreement revealed potentially prohibited acts in Vietnam. Review included assessment of Vietnamese anti-corruption law, assessment of potential liabilities, applicability of reporting requirements, risks to client’s other business interests in Vietnam, and possibilities for mitigation of risks or harm.

Worked with Willkie Farr & Gallagher LLP in connection with proposed Tet gift program under Vietnamese anti-corruption laws, with particular attention to permissible values for gifts and exceptions.

Worked with Willkie Farr & Gallagher LLP on unique payment and delivery arrangements proposed by persons acting for Vietnamese military unit in order to understand if payment and delivery arrangements are compliant with Vietnamese law on government procurement.

Reviewed Vietnamese law governing whistleblowing (including privacy rules), interview two-specific whistleblowers in two different matters, evaluate information, report to client in US, provide guidance to client.

Advised US defense counsel probono on definition of “public officials” under Vietnamese law, in connection with charges brought in the US against several individuals for alleged violations of the FCPA in Vietnam.

Revised corporate Code of Conduct and created a manual on investigation, retention, and payment of third party consultants, including guidelines on gifts, travel, and reimbursements.

Examined proposed incentive program used to reward customers’ employees with a rebate (the value of which was based on the customer’s purchase) under both the FCPA and Vietnamese anti-corruption laws.

Acted in several separate matters for multinationals that investigated employees (in one case, for unauthorized payment to government officials and in another case for price fixing with distributor).  In a third case we investigated allegations that a sales team deviated from company policy by favoring certain distributors. We questioned employees directly with client’s verbal, forensic input.

Acted for international bank to examine specific payments made by internal staff, and whether payments violated Vietnamese anti-corruption law, and whether receipts issued by government offices against receipt of payment overcomes any legal issues that payment may raise.

Drafted appropriate FCPA language for contracts, employment agreements, responded to numerous hypothetical fact situations, provided training for foreign and Vietnamese companies and business groups, and sat on panels involving presentations on Vietnam corruption issues.

Provide general FCPA presentations and training to individual clients and to the business community in both HCM City and Hanoi.

Provided basic FCPA training to Vietnamese company employees soon after it was acquired by an American company and doing so based on client’s code of conduct.

Review obligations of foreign enterprise in Vietnam to report a bribe about which it became aware; outlining procedures for doing so under Vietnamese criminal and anti-corruption laws.

Performed due diligence on target companies prior to acquisition in order to assess possible existence of any pre-acquisition, corrupt practices.

Prepared a comprehensive review of anti-money laundering rules in Vietnam, available at:  <https://www.lexology.com/library/detail.aspx?g=393617d6-8162-4520-b762-8607446714eb>.

Provided full review of internal policies and reduced informal guidelines to a consistent, written format.

Provided language for Employee Certification of FCPA compliance.

Assessed whether corporate practice of making monthly payments to customs broker, ultimately used as facilitation payments to various customs department employees, violated Vietnamese anti-corruption laws.

General overview of compliance with FCPA regulations, particular attention to identifying and addressing red flags.

Work with the firm doing financial due diligence in M&A. In that connection we discovered and reported on areas of potential concern in connection with acquisition of an entity.

Prepared template Contract Terms on FCPA compliance for contracts with Vietnamese representatives and agents.

Reviewed plan to offer accommodations at client’s hotel to a group composed of Vietnamese state officials and employees at reduced rates (ie, at client’s standard Government Employee Rate), as well as complimentary beverages and snacks.

Evaluated risks under FCPA regulations of forming a Teaming Agreement between client and a Vietnamese company to participate in a bidding package run by a state-owned enterprise, where the state-owned enterprise owned a controlling stake in the Vietnamese company.







Sesto E Vecchi

HCMC Office

Nguyen Nhat Anh Thu

HCMC Office

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