Oliver Massmann

Oliver Massmann

second state examination law germany

Rechtsanwalt

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  • 84 Hanoi
  • Vietnam

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Persönliches

Berufserfahrung (15 Jahre, 2 Monate)

  • Beschäftigungsart
    Unternehmer

Ausbildung

  • Sprachen
    Deutsch, Englisch, Französisch, Vietnamese

Über mich

Oliver Massmann

Partner
Wirtschaftsanwalt
South East Asia - Vietnam


Practice Areas: Infrastructure projects with particular expertise in power/water projects, oil&gas/cement/telecoms; privatization and equitization, arbitration, international taxation, M&A and general commercial matters.

Practice Description:Oliver provides legal assistance to multinational clients in relation to investment and doing business in Vietnam.


Representative Deals:·

Project: Legal Reform of Vietnamese Civil Law (German NGO)
Location: Hanoi, Vietnam
Date: October – December 1994
Position: Legal Advisor

Advising the Vietnamese Ministry of Justice on the first draft of the Civil Code of Vietnam. The work involved reviewing the existing regulations and statutes relevant to Part 6 of the Civil Code (Intellectual Property Rights and Technology Transfer) and Part 7 of the Civil Code (Civil Relations Involving Foreign Elements).

Project: Legal Reform of the Vietnamese Administrative System (German NGO)
Location: Hanoi, Vietnam
Date: January – April 1995
Position: Legal Advisor

Advising the Vietnamese Ministry of Justice on the first draft of the Administrative Law of Vietnam. The work involved reviewing the existing regulations and statutes relevant to the procedures and hierarchy of the organization of the administrative agencies of Vietnam and solutions for settlement of administrative infringements.

Project: Privatization of East German State-Owned Companies in the Construction Industry
Location: Berlin, Federal Republic of Germany
Date: June 1998
Position: Legal Advisor, attorney in charge of the project

Cooperating with the “Bundesstelle für vereinigungsbedingte Sonderaufgaben”, Berlin, Alexanderplatz [Trustee Administrative Authority Privatization Agency of former East German state owned companies]. This project involved restructuring the corporate structure of two State-owned companies, advising on the new legal form of association, drafting the charter for the legal form of association, drafting the contracts for the takeover by West German privately-owned companies.

Project: Privatization of the Former East German State-Owned Port Rostock
Location: Rostock, Federal Republic of Germany
Date: December 1997 – January 1998
Position: Attorney in charge of the project

Drafting the charter for the legal form of association for parts of the port companies, drafting the contracts for the takeover of parts of the port area by West German privately-owned companies.

Project: Privatization in the Former East German State-Owned Heavy Industry Sector
Location: Berlin, Brandenburg, Federal Republic of Germany
Date: March – May 1998
Position: Attorney in charge of the project

Restructuring of six State-owned companies in the coal and steel sectors, drafting the charter for the legal form of association.

Project: Equitization Manual for Ministry of Finance
Location: Vietnam
Date: June 1999
Position: Attorney in charge of the project

Composing a detailed manual on Vietnam’s equitization process and comparing the process against the experiences of Germany and China.

Project: Advice on BOT Power Plant Project Phu My 3
Location: Vietnam
Date: October 1999 – May 2001
Position: Attorney in charge of the project

Acting as leading attorney for the lead contractor of the first BOT power plant and largest BOT project in Vietnam to date. This complex work centered around construction of the Phu My 720MW combined cycle power plant with an investment volume of approximately US$400 million. Work involved negotiating and drafting the required contract documentation and confronting significant, untested legal issues in relation to BOT projects in Vietnam. Foreign exchange and import issues, dispute resolution procedures and provisional acceptance mechanisms were all challenges in completing this important project. This work also involved reviewing a long- term maintenance contract; advising on construction and liability matters; preparation of a legal opinion regarding financing of Phu My 3.

Project: Legal Advice on European Cooperation Agreement (European Union- Vietnam) and Bilateral Trade Agreement (United States of America – Vietnam)
Location: Vietnam
Date: October 2000
Position: Attorney in charge of the project

Analytical comparison of the Cooperation Agreement between the European Community and the Socialist Republic of Vietnam and the Bilateral Trade Agreement between the United States of America and the Socialist Republic of Vietnam.

Project: Legal Advice on Hospital Establishment in Vietnam for a U.S.-Registered Non-Profit Organization
Location: Vietnam
Date: December 2000 – present
Position: Attorney in charge of the project

Providing a design of the most appropriate investment structure with respect to establishment and operation of an Enterprise with 100% Foreign Owned Capital in the surgical field; providing insight into the healthcare business in Vietnam; and supporting with necessary formalities required by the Vietnamese authorities.

Project: Equitization from UNDP project
Location: Vietnam
Date: February 2000 – September 2001
Position: Attorney in charge of the project

Studying privatization models in China and Hungary; drafting and presenting case studies and seminars on equitization and financial settlement for the Ministry of Finance and UNDP with the participation of various private and state-owned companies and financial departments.

Project: Privatization Project and Listing Manual as part of an Asian Development Bank Program
Location: Vietnam
Date: May 2000 – present
Position: Attorney in charge of the project

Advising on equitization and public listing of Vietnam’s state-owned companies, particularly in the context of Vietnam’s new securities market. Preparing a sample charter for a Joint Stock Company that incorporates modern principles of good governance whilst ensuring compliance with the Enterprise Law; drafting a model listing manual on the requirements for listing securities on the stock exchange.

Project: Fiber Optic Joint Venture
Location: Vietnam
Date: March 2000 – May 2001
Position: Attorney in charge of the project

Assisting with the transfer of legal capital in a significant joint venture company in fiber optic production in Vietnam; reviewing and commenting on a share transfer agreement, joint venture contract, charter, technology transfer and license agreement and secondment agreement; participating in negotiations with the Vietnamese party.

Project: Central Stadium in Hanoi
Location: Vietnam
Date: December 2000 – present
Position: Attorney in charge of the project

Providing legal advice in connection with a bid to construct the Central Stadium Complex Project in Hanoi, advising on rights and obligations under Vietnamese law and matters pertaining to tax planning, intellectual property protection and import-export regulations.

Project: Water Quality Improvement Project
Location: Hanoi
Date: March 2001 – present
Position: Legal Advisor, attorney in charge of the leading contractor

Acting as leading attorney for the Austrian Consortium in a project of water quality improvement in Hanoi with a value of approximately US$30 million. Advising on structuring the water treatment project and establishing the investment vehicle. Assisting the leading contractor with matters related to foreign exchange, tax, financing and construction issues in connection with the project.

Project: Scientific Education And Training Cooperation
Location: Hanoi
Date: July 2001 – present
Position: Legal Advisor, attorney in charge of the foreign party

Advising a German technical university with regard to establishment of its Vietnam – Education And Research Center from the beginning of drafting application documents until client gained the Investment License by the Ministry of Planning and Investment and the Ministry of Training and Education of Vietnam in 2004. Scope of Operations and Services the Center in Vietnam are: (i) Provide quality Masters education in the fields of electrical and mechanical engineering, and other fields as provided for in the curricula submitted to the relevant authorities from time to time, as market needs change; (ii) Conduct research in the fields of electrical and mechanical engineering, and other fields; and (iii) Further education: Provide current practitioners and other engineering-related enterprises in Vietnam with professional development short courses in the fields of electrical and mechanical engineering; Legal support in post establishment f.e. import plan, engineering laboratory list etc.

Project: Project STAR – BTA Implementation Project
Location: Hanoi
Date: July 2001
Position: Legal Advisor, member in the Firm's BTA team

Providing assistance to the "Development Alternatives International" program – the coordinator for a US$6,000,000 grant from the United States Agency for International Development (USAID) to provide legal analysis, training, monitoring and ongoing guidance to the Vietnamese Government on the implementation of its obligations under the BTA. Specific work includes regularly updates in the area of Trade in Goods, and advising on aspects of Vietnamese Law that are inconsistent with the BTA. Advising on practical and logistical issues in terms of coordinating with the relevant Vietnamese government counterparts, some training sessions, and ongoing support and analysis.

Project: Project Fork – Vietnam work
Location: Hanoi
Date: July 2001 – present
Position: Legal Advisor

Advising a German company on its intended sale of its interest in its joint venture company in Vietnam and the disposition of its Enterprise with 100% Foreign Owned Capital in Vietnam.

Project: Joint Venture Dissolution
Location: Hanoi
Date: November 2001 – present
Position: Legal Advisor

Reviewing the documentation pertaining to a dispute in a leather shoes joint venture company in Vietnam; advising foreign party on rights under joint venture contract; setting out options for settlement of the dispute and participate in negotiations; advising on dissolution procedures and options of bankruptcy/liquidation proceedings.

Project: Due Diligence on Vietnam BOT – Power Plant Underwriting
Location: Vietnam
Date: August 2002
Position: Member of the Firm's risk analysis' team

Undertaking the legal analysis of the Project Documents (BOT Agreement, Power Purchase Agreement, Gas Supply Agreement, Water Supply Agreement, Government Guarantee etc.) for an American international underwriter with regard to political risk insurance cover for a BOT power project in Vietnam. The Project Finance Journal awarded this deal as the "Deal of the Year" (2003).

Project: Risk assessment for business in Vietnam
Location: Vietnam
Date: May 2002
Position: Legal Advisor

Drafting business guidelines and assessing risks for a subsidiary of a New Zealand State-owned enterprise covering the following fields: political and economic stability, business structures, taxation, FOREX, infrastructure issues, personal risk issues, corruption, contract law, employment law and intellectual property in order to develop the client's orientation and strategy in its business in the Vietnamese market.

Project: Debenture and participating interests in a real estate development company
Location: Vietnam
Date: August 2002 – February 2003
Position: Legal Advisor

Advising on the release of debenture (worth US$5.7 million) and advising on the transactions that may be required to acquire shares in a joint venture company in Vietnam by the consideration of discharge of the obligation to pay in the outstanding capital of US$5.7 million.

Project: Franchise Agreement (“FA”)
Location: Vietnam
Date: September 2002 – November 2002
Position: Legal Advisor

Advising a U.S. based organization, active worldwide in the business of movement and storage of household and office goods and personal effects, on a franchise agreement with an entirely foreign owned company established in Vietnam under Vietnamese laws; reviewing FAs as a relatively new concept in Vietnam; analysing the content of the FA under Vietnamese law, including agency for purchase and sale of goods, technology transfer contracts and tax issues; considering the most suitable structure for the FA in light of this analysis; examining the specific terms of the FA and recommendations aimed at strengthening the client’s position under the FA.

Project: General commercial matters for a chemical company
Location: Vietnam
Date: September 2002 – November 2002
Position: Legal Advisor

Advising a German chemical company with representative offices in Vietnam on alternative options for direct selling in Vietnam, forms of presence that might be possible for it in Vietnam, and a summary of the relative tax consequences/ incentives of each under Vietnamese law; reviewing asset purchase agreements between the client and purchaser.

Project: Cement Plant in Vietnam
Location: Da Nang
Date: September 2002 – present
Position: Legal Advisor

Acting as leading attorney in advising and assisting the foreign contractor with all aspects of planning and implementing the project, commenting on terms and provisions of the contract in respect of providing equipment, materials, engineering and related services for the cement plant, advising on income tax, social insurance and obligations on contractual aspects, validity of liability limitations and exclusions as well as questions regarding arbitration and other questions relating to Vietnam business activities.

Project: Acquisition of interest in a telecom joint venture
Location: Vietnam
Date: January 2003 – April 2003
Position: Legal Advisor

Acting for a foreign party in a three-party telecom joint venture company established and operating under the Law on Foreign Investment in Vietnam re review of a purchase agreement; comments on issue of a possible pre-emptive right for VNPT and procedures under Vietnamese law for transfer of legal capital in a joint venture enterprise.

Project: Dispute resolution
Location: Vietnam
Date: March 2003 – ongoing
Position: Legal Advisor

Advising an entirely foreign-owned company operating in Vietnam to produce garments and fashion items re construction related matters, review construction/design/supervision contracts with contractors; advising on options to terminate contracts and strategy to proceed in a litigation case; assisting to resolve a leasing matter; advising on legal framework for post-licensing formalities of an enterprise with 100% foreign investment capital and closure of trading branch.

Project: Loan for Hotel Construction
Location: Hanoi, Vietnam
Date: June 2003 – present
Position: Legal Advisor

Representing the joint venture owner of a hotel project in Hanoi as the borrower for a US$15,000,000 loan; assisting them in reviewing/commenting on the loan documents (specifically, the Facility Agreement, Mortgage Agreement, Equity Pledge Agreement, Pledge Agreement and Settlement Agreement, etc) and advise on the borrower’s rights under the applicable laws of Vietnam; negotiating with the lawyer of the Lender on the main provisions in securities documents.

Project: National Assembly House and new Badinh Conference Hall project
Location: Hanoi, Vietnam
Date: September 2003 – present
Position: Legal Advisor

Reviewing the draft contract for provision design consulting services of the National Assembly House and new Badinh Conference Hall project; advise on special purpose vehicle, tax structure for foreign contractors, contracting permit, performance bond, termination provision, double taxation agreement, responsibility and obligation of the architect, personnel of the Design Consultant, contract price and way of payment, performance bank guarantee, advance payment guarantee, technology transfer issues, structure arrangement with potential sub-contractors, disputes, etc.

Project: Vietnam Business Cooperation Contract
Location: Hanoi, Vietnam
Date: March 2004 - present
Position: Legal Advisor

Advising a company of British Virgin Islands in the business of establishing and providing telecommunications and value-added services worldwide on a Business Cooperation Contract (US$400 million) and MOU with the Hanoi Telecommunication Joint Stock Company for the purpose of establishing, developing and exploiting a ground mobile telecommunications network for the supply of cellular mobile and value-added services using CDMA technology in Vietnam.

Project: WTO Working Group for Eurocham
Location: Vietnam
Date: April 2004 - present
Position: Head of the WTO Working Group for Eurocham, Legal Advisor

Drafting and elaborating a matrix listing a number of requests for market liberalization for use in negotiations with Vietnam on WTO admission for the following industry activities: general/transparency, advertising, agriculture, agriculture service activities, architectural and engineering activities and related technical consultancy, electrical engineering activities, project management, technical consultancy, related services, banking and financial services, business and management consultancy activities, distribution services, insurance, legal, accounting, book-keeping and auditing activities; tax consultancy; market research and public opinion polling; business and management consultancy; holdings, leisure and tourism, manufacturing, manufacture of radio, television and communication equipment and apparatus, motion picture and video distribution, cinema, post and telecommunications, production, transmission and distribution of electricity, real estate activities, service activities and operation related to mining, oil and gas and coal extraction, shipping and forwarding services, technical testing and analysis, ransportation, shipping, sea and air freight, cargo handling & distribution, warehousing based on the requests of Eurocham’s members.

Project: Cement Plant in Vietnam
Location: Quang Ninh
Date: June 2004 – present
Position: Legal Advisor

Acting as leading attorney in advising and assisting the foreign contractor with all aspects of planning and implementing the project to provide equipment, materials, engineering and related services for a cement plant in Quang Ninh province. Provide advice on various issues including taxation issues, negociating the relevant contracts with the Vietnamese buyer; reviewing the relevant contract and other questions relating to Vietnam business activities


Project: Establishment of a Joint Venture in Vietnam
Location: Hanoi, Vietnam
Date: June 2004 – present
Position: Legal Advisor

Advise the foreign investor in the project of establishing a joint venture to undertake warehousing and logistics activities in the South of Vietnam; provide expertise in preparing a joint venture contract; negotiating on behalf of the client; and advising the client on various legal issues related to establishing a joint venture in Vietnam.

Project: Hotel construction project in Hanoi
Location: Hanoi, Vietnam
Date: August 2004 – present
Position: Legal Advisor

Providing the client with detailed comments on the draft management agreement based on Vietnamese laws, touching on: compliance with regulatory requirements and formalities for documentation and the client to be appointed and perform as manager of the hotel; issues relating to the inducement fee; structuring of the client fees and system assessments (reservation, marketing reimbursements etc) to enable remittance of moneys from Vietnam at most effective tax rate; and other issues that we identify; supplying the client with advice regarding the structure of the US$5m loan to minimise cost to borrower (i.e., the hotel owner); remittance of funds to where they are needed (probably on-shore Vietnam); minimising remittance and tax issues for repayment of principal and interest; and maximising the security of the client as either lender or provider or a corporate guarantor.

Project: Resort project in Phan Thiet
Location: Phan Thiet province, Vietnam
Date: October 2004 – present
Position: Legal Advisor

Provide the client with a comprehensive memorandum on the establishment of a JV in Vietnam with reference to their contemplated scope of business described above; provide the client with a checklist of the documents and steps involved in applying for their investment licence; assist the client with the preparation of the first draft of the JV Contract; provide the client with the first draft of their JV’s charter based on terms supplied by the client and with reference to the mandatory requirements of relevant Vietnam laws such as the Law on Foreign Investment; provide the client with the first draft of the required investment licence application; assist the client with the preparation of the first draft of the required feasibility study for inclusion in the investment licence application dossier; assist the client with any other pre-licensing negotiate with their Vietnamese partner; assist the client obtain any subsequent permits (such as from the Ministry of Health) required for the operation of their JV; assist the client on an as-requested basis with legal issues.

Project: Labour Restructuring
Location: Germany
Date: November 2004 – present
Position: Legal Advisor
Supplying the client in labour restructuring issues which includes drafting a memorandum providing general advice on description of the required legal steps, deadlines and notice periods, and necessary payments; and other works related to the matter as requested by the client.

Project: Establishment of a Joint Venture in Vietnam
Location: Vietnam
Date: November 2004 – present
Position: Legal Advisor

Advise the client in establishing a joint venture company (“JV”) in Vietnam together with the Bank of Foreign Trade (Vietcombank) in Vietnam; to act as Vietnam legal adviser in various aspect relating to the project, which include : to provide client with comments on, and assist client in drafting a Memorandum of Understanding with Vietcombank regarding the establishment of a JV in Vietnam; to provide a comprehensive memorandum on the establishment of a JV in Vietnam ; to assist the client with the preparation of the JV Contract; to assist the client with the preparation of JV’s charter to provide the client with the first draft of the required investment licence application; and assist the client with the preparation of the required feasibility study for inclusion in the investment licence application dossier; to assist the client with any other pre-licensing matters.


Project: Draft Unified Enterprise Law
Location: Vietnam
Date: May 2005
Position: Legal Advisor

Advise the drafting committee of the National Assembly of the Socialist Republic of Vietnam on the first version of the Unified Enterprise Law of Vietnam based on legal principles of the World Trade Organization (WTO), May 2005.

Project: Phu My Bridge
Location: Vietnam
Date: March 2005
Position: Legal Advisor


Advised client in connection with an EPC contract for certain road construction works in connection with the Phu My Bridge BOT project in Vietnam being undertaken by the Phu My Bridge BOT Corporation. Contractor intends to carry out the work as a joint venture with its wholly owned subsidiary.

Project: Factoring in Vietnam for Japanese Bank
Location: Vietnam
Date: June 2005
Position: Legal Advisor

Advise on banking business plans in Vietnam, review civil code, new regulations regarding factoring, Vietnam - Japan Investment Protection Agreement regarding MFN reference to the Bilateral Trade Agreement regarding services sector, especially banking services, scope of activities of the branch, together with any potentially allowable activities that are not currently included in the branch license; provide detailed advice on the possibility conducting factoring, develop a strategy for obtaining any necessary regulatory approvals in order to conduct factoring.

Project: Establishment of an entirely foreign-owned company in pharmaceutical sector
Location: Hanoi
Date: July 2005-ongoing
Position: Attorney in charge of the project

Advise a famous England pharmaceutical firm in respect to establishment of an entirely foreign-owned company (“EFOC”) in Vietnam to implement contract manufacturing contract(s) in Vietnam on the basis of the so-called Early Harvest Agreement (“EHA”) signed between Vietnam and the European Community, to carry out “toll manufacturing in Vietnam without license transfer and while retaining their authorization to market the imported products”; prepare and finalise the documentation required to apply for the EFOC in connection with laws change during this time and/or Vietnam’s ongoing WTO negotiations; provide considerable know-how, training, technical assistance etc to client’s local contract manufacturer; advise on structure designed to protect confidentiality, trade secrets and client’s intellectual property to the maximum extent possible.

Project: Establishment of an entirely foreign-owned company in lighting sector
Location: Hanoi
Date: July 2005-ongoing
Position: Attorney in charge of the project


Advise a German company, one of the top three lamp manufacturers in the world, to enter the Vietnamese market; assist with client’s plan for expansion of its business activities in Vietnam by establishing of an enterprise with 100%-foreign owned capital (“EFOC”) engaging in the activities of importing materials and equipment to assemble lamps and importing/distributing complete lamps; assist client in working with local authorities with regard to its scope of business; prepare and finalise the documentation required to apply for the EFOC in connection with laws change during this time and/or Vietnam’s ongoing WTO negotiations.

Project: Establishment of an insurance joint venture company in Vietnam and due diligence
Location: Hanoi
Date: August 2004-ongoing
Position: Attorney in charge of the project

Represent a French insurance company in connection with its proposed establishment of a joint venture company in Vietnam together with Vietcombank; advise on due diligence on the Southeast Asia Bank which may be a party to its proposed joint venture with Vietcombank.

Project: Dai Ninh Hydropower Project - Disputed Engineer’s Order
Location: Hanoi
Date: October 2005
Position: Attorney in charge

Advise on subcontract agreement with a Japanese Consortium in connection with Dai Ninh Hydropower Project in Vietnam; review certain documentation and provide opinion on possible liability for subcontractor for damages that might be caused to third parties under Vietnamese civil and penal law; analyse the issues under the Civil Code, the Penal Code and Construction Law.

Project: Long Thanh BOT Airport Project in Ho Chi Minh City, Vietnam
Location: Hanoi
Date: October 2005-present
Position: Attorney in charge

Represent a German leading airport operator and manager in connection with stage 1 of its proposed involvement in the Long Thanh airport project planned for Ho Chi Minh City in Vietnam on a BOT (build-operate-transfer) basis (the “Project”). The total value of the Project is several billion U.S. dollars and will likely consist of three separate stages. Stage 1 is the negotiation and signing of a Memorandum of Understanding (“MOU”) with involved Vietnamese Government parties. Stage 2 would be the negotiation and conclusion of relevant agreements and documents for the Project including the BOT Contract, construction-related contracts, financing arrangements, etc as well as other steps preparatory to implementation of the Project in Vietnam. Stage 3 would be the implementation phase of the Project including construction, maintenance, operation, management and development of the airport in accordance with the Project Documents and relevant laws. In relation to Stage 1 of the Project: draft MOU from the perspective of Vietnamese law and practice and provide client with comments on the same to assist client to finalise and execute the MOU.

Project: Distribution Contract - Antitrust Query
Location: Hanoi
Date: October 2005
Position: Attorney in charge

Advise a German company in Singapore on their draft Distribution Contract with its regional distributor for certain aroma chemicals; review the draft distribution agreement under the competition law of Vietnam.

Project: ReCycled
Location: Hanoi
Date: March 2006-ongoing
Position: Attorney in charge

Advise client in connection with its plans to construct and operate a "waste to energy" municipal solid waste treatment facility in Vietnam with total capital investment of approximately US$500 million. It is expected that operating income would be derived from a combination of income streams including gate fees, collection fees, sale of recyclates and electricity or compost.

Project: Tools Manufacturer
Location: Hanoi
Date: May 2005-present
Position: Attorney in charge

Advise foreign investor on establishment in Vietnam an enterprise with one hundred percent (100%) foreign owned capital for the purposes of pursuing the following business objectives: Design, development and production of industrial and consumer hand tools and tool parts for sale in Vietnamese domestic and overseas markets. The established enterprise’s capital: Total investment capital of the Enterprise is USD1,200,000; Legal capital of the Enterprise is USD400,000 in cash. Assist client in preparation and finalisation of documentation required to apply for the EFOC in connection with laws change during this time and Vietnam’s ongoing WTO negotiations.

Project: 1992 ISDA Master Agreement in Vietnam
Location: Hanoi
Date: November 2005 – January 2006
Position: Attorney in charge

Project: BOT construction project
Location: HCMC
Date: February 2006-present
Position: Attorney in charge

Advise a German construction on establishment of representative office in Ho Chi Minh City, advise on contracting permit for a BOT construction project of an underground car park cum retail complex in Ho Chi Minh City.

Project: Cable Television Project in Vietnam
Location: Hanoi
Date: June 2006 - present
Position: Attorney in charge

Advise one of the largest EU companies on the Business Cooperation Contract telecom infrastructure project to establish and operate a subscription-based, multi-channel packages with direct-to-home reception via satellite with a project value of about US$50 Million (1st phase) to US$100 Million (2nd phase).

Project: Overseas Fund Establishment and Fund Management in Vietnam
Location: Hanoi
Date: June 2006 - present
Position: Attorney in charge

Advise a joint venture fund management company between a commercial bank of Vietnam and a Singapore-based investment company on establishment of an off-shore member fund of approximately US$50 million to invest into unlisted Vietnamese companies and take them to listing; liaise with the State Securities Commission to ensure that client is authorised to establish and manage the Fund; prepare the private placement memorandum and Fund articles of association from the perspective of Vietnamese law as relevant; work with Cayman Island (or other appropriate) counsel to ensure the Fund is properly established and the Fund articles of association complies with the requisite corporate law; assist in the preparation of the management contract and subscription forms for the Fund and advising on an ongoing basis on operational matters (including tax, acquisition structuring, listing requirements and so on).


Special training

March, 1999:
Attended the seminar "WTO in the New Millennium", held in Hong Kong by Baker & McKenzie

May, 1999:
Attended seminar on “Transfer Pricing”, Singapore

September, 1999:
Attended seminar on “International Arbitration” in Bangkok

May, 2000:
Attended seminar on “Dispute Resolution in the World Trade Organization (“WTO”)” in Hong Kong

February, 2001:
Attended “Pacific Power Conference 2001”, hosted by Baker & McKenzie, Singapore

August, 2001:
Attended seminar on “Advanced English Drafting for Civil Code Lawyers”, Singapore, hosted by Baker & McKenzie, Singapore

November, 2001:
Attended “Asia Pacific Tax Conference Tax Conference and Technical Training”, hosted by Baker & McKenzie, Bangkok

December, 2001:
Attended “Asia Pacific Banking & Finance Training Seminar” – “Debt Capital Market & Derivatives”, hosted by Baker & McKenzie, Thailand

May, 2002
Attended “Major Projects Training”, held by Baker & McKenzie, Singapore

February 22, 2004
Hotels, Resorts & Tourism Practice Group Professional Development Training Seminar, Hong Kong.

November 3, 2004

Attend Technical Training in “WTO/customs duties” and “Presentation/public speaking skills”, held by Baker & McKenzie within Asia Pacific Tax Conference, Singapore.

Jan 14th - 16th, 2005
Attending the Asia Pacific Projects Group Liquidate Natural Gas Training in Bangkok, organized by Baker & McKenzie.

Presentations

February, 1999:
Presentation on “Importance of bilateral & international conventions relating to recognition and execution of foreign judgements & awards”, organized by German Embassy, Hanoi

April, 1999:
Presentation on “International Arbitration in the Euro Tap - Viet Conference”, organized in Ho Chi Minh City by EU

June, 1999:
Presentation on “Application of Information Technology in the legal field”, organized by the Ministry of Justice.

July, 1999:
Presentation on the legal system of Hong Kong for “Konrad Adenauer Stiftung”. Led a delegation consisting of members of the legal department of the central committee of the Communist Party of Vietnam to Hong Kong for an overview of the legal system of Hong Kong

August, 1999:
Presentation on “New legislation on foreign exchange”, organized by German Business Association in Hanoi

September, 1999:
Presentation on arbitration in Vietnam in International Arbitration Seminar, Bangkok.

October, 1999:
Presentation on “US-VN Trade Agreement”, organized by German Business Association in Ho Chi Minh City.

September, 2000:
Presentation on “US-VN Trade Agreement”, organized by German Business Association in Ho Chi Minh City.

November, 2000:
Baker & McKenzie’s Asia Pacific Tax Conference, Article contribution entitled "Vietnam Trying to Catch Up With Stock Option Plans”, Tax Analysts, Japan.

December, 2000:
Seminar on U.S President Bill Clinton’s visit to Vietnam, organized by German Chamber of Commercial in Hanoi

March, 2001:
Presentation on “Latest Improvements To Foreign Investment Laws and Moves Towards Decentralisation”, co-organized by United Nations Economic and Social Commission for Asia and the Pacific, the Ministry of Planning and Investment of Vietnam and Hanoi’s People Committee, Hanoi, Vietnam.

June, 2001:
Presentation on “Crucial Legal Aspects For Successfully Doing Business in Vietnam”, organised by the Swiss – South East Asian Chamber of Commerce, with participation of Swiss Official and Business Mission to Vietnam, in Melia Hotel, Hanoi, Vietnam.

September, 2001:
Presentation entitled "Investment in Vietnam, the BTA and the procedure for the Vietnam WTO-Accession" on 24 September 2001 at the Bank of Berlin.

September, 2001:
Presentation on "BOT Power Plant Projects in Vietnam" on 27 September 2001 in Saigon. A significant presentation after helping close a successful deal of the 1st ever implemented BOT power plant project in Vietnam. Hosted by the European Chamber Of Commerce, the American Chamber Of Commerce, the British Business Group, the Canada - Vietnam Business Association and the Overseas Vietnamese Business Association.

October, 2001:
Presentation on “Legal Considerations on Gas Projects in Vietnam”, as part of a two day Vietnam Gas Conference in Singapore, organized by the Asia Business Forum.

April, 2002:
Presentation on “How can the European companies make use of the Bilateral Trade Agreement?”, organized by Eurocham Hanoi in Sunway Hotel.

April 2002
Presentation on “Vietnam’s Infrastructure, Energy, Oil and Gas”, at the Vietnam Investment and Trade 2002 Conference, held by Dataconsult and US-ASEAN Business Council in New World Hotel, HCMC.

May 2002
Presentation on “European-Vietnamese Negotiations: A European Perspective”, held by Eurocham Business Information Centre (EBIC) Hanoi, Melia Hotel, Hanoi.

July 2002
Presentation on “Investment Opportunities in Vietnam and WTO Accession”, Asian Pacific Conference in Japan, held by German Chamber of Commerce, Japan.

July 2002
Presentation on "Dispute Settlement in the WTO - Antidumping measures in WTO/Vietnam", organized in co-ordination of Ministry of Trade of Vietnam, Vietnam Chamber of Commerce and Industry and Baker & McKenzie, Hanoi, with participation of more than 200 Vietnamese enterprises.

August 2002
Presentation on “Foreign Direct Investment – The Legal Environment”, co-hosted by the State Bank of Vietnam and International Monetary Fund, Hanoi.

October 2002
Presentation on "AFTA 2005 - The Impact for Vietnam" organized by the Nordic Chamber of Commerce in Vietnam and the European Chamber of Commerce in Vietnam, at Guoman hotel, Hanoi.

November 2002
Presentation on "Changes in the taxation system in Vietnam in 2002 and VAT on Cross-border Intra-group Services" in 2002 Asia Pacific Tax Conference, Shanghai, China.

November 2002
Presentation on "China - WTO and its consequences for Vietnam" co-hosted by the Institute on Central Economic Management of Vietnam and Friedrich Ebert Stiftung of Germany in Hanoi, Vietnam.

March 2003
Presentation on “Vietnam – Development of the Economy – Investment in Danang” hosted by Danang People’s Committee, Vietnam.

March 2003
Presentation on “Foreign Investment Climate and Opportunities in Vietnam”, co-organized by the Board of Investment of Thailand and the Ministry of Planning and Investment of Vietnam, in Bangkok, Thailand.

May 2003
Presentation on "Encouragement of Small and Medium Enterprises in Vietnam" at the breakfast meeting for the delegation of the German Chancellor, Mr. Gerhardt Schroeder, with the Federal Minister of Economy, Mr. Clement, and the CEO of Siemens AG, Mr. v. Pierer, as well as the CEO of Daimler-Chrysler of Vietnam, Mr. Rapp, and other representatives of German companies.

June 2003
Presentation on “Doing business in Vietnam, legal framework for investment, projects and distribution in Vietnam”, for an Austrian economic delegation, Austrian existing and potential investors in Vietnam, at Austrian Embassy, Hanoi.

August 2003
Presentation - as member of the WTO Practice Group - on overview of International Rules for Arbitration, including the UNCITRAL Rules and the Model Law; Practical International Arbitration Experiences within STAR project, Danang, Vietnam. (London, 22 January 2004 - At the Worldaware Business Awards 2004 ceremony held at the Royal Society in London, Baker & McKenzie received ‘The Department of Trade and Industry Award for Capacity Building in the Developing World’. The award is given to an organization for its role in enhancing the ability of a developing country to participate in international trade negotiations. The award recognizes the work of Baker & McKenzie’s Technical Legal Assistance (TLA) Programme, through which the Firm’s International Trade & WTO Practice Group provides advice, at reduced fees, to developing countries.)

September - October 2003
Presentation on “VIETNAM - WTO - AFTA - ASEAN - The Legal and Institutional Environment for Investments and the Process of Integration into the Global Community” for the following events:

§ Presentation at Asia Pacific Week 2003 in Berlin, Germany (held by Berlinwasser International; 19 September 2003);
§ Presentation at Vietnam seminar in Baker & McKenzie, Berlin Office, Germany (17 September 2003);
§ Presentation at Vietnam seminar in Lausanne, Swtizerland (held by the Swiss-South East Asian Chamber of Commerce; 23 September 2003);
§ Presentation at Vietnam seminar in Baker & McKenzie, Düsseldorf Office, Germany (25 September 2003);
§ Presentation at Vietnam seminar in Technische Universität Dresden, Germany (29 September 2003); and
§ Presentation at Vietnam seminar in Köln, Germany (held by OAV and DEG; 1 October 2003).

October 2003

Presentation in the German language on the topic “Legal Regulations of Federal Republic of Germany and EU on Origin Status of Goods” and explaining the legal structures also in the Vietnamese language when necessary for local Vietnamese lawyers and legal experts. The contents of the presentation included:
I. Importance of the Origin of Goods
II. Agreements Regarding Preferential Treatment
III. Goods of Non-Preferential Origin
IV. Main Principles of Agreements Regarding Preferential Treatment
V. Connecting Factor of Agreements Regarding Preferential Treatment
VI. Determination of Origin
VII. Proof of Origin
VIII. Regulations
The seminar was organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung, Quang Binh, Vietnam.

November 2003

Presentation in the German language on the topic “International Economic Contracts” and explaining the legal structures also in the Vietnamese language when necessary for local Vietnamese lawyers and legal experts. The contents of the presentation included:
A. Standard Business Contracts
1. Definition of Standard Business Contracts
2. Relations between Law and Standard Business Contracts
3. Conditions for Validity of Standard Business Contracts
4. Standard Business Contracts and Freedom of Contract
5. Importance of Standard Business Contracts for Businesses Today
B. Negotiation, Closure and Implementation of Economic Contracts
1. Experience in negotiating, closing and implementing economic contracts and international economic contracts
2. Some samples of economic contracts and international economic contracts
3. Comments on negotiation, closure and implementation of economic contracts

November 7, 2003

Presentation on the topic of "Cross-Border Chattel Hirings - Tax And VAT/GST Implications", Asia Pacific Tax Conference, Ho Chi Minh City, Vietnam.

January 12-14, 2004
Presentation in German and Vietnamese on the topic of German and EU Corporate Law, organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung, Hanoi. The contents of the presentation include:

I. Overview internationally about Corporate Law
II. Definition und structure of Corporation
III. Legal requirements for the establishment of Corporation
IV. Advantages and disadvantages of Corporation
V. Finance management of Corporation
VI. Legal responsibilities in Corporation
VII. Insolvency of Corporation
VIII. Anti Trust Law and principles of competition law

February 2004

Agreement for cooperation against organized crime between the Socialist Republic of Vietnam and the Federal Republic of Germany.

Advising the German Federal Criminal Investigation Office (Bundeskriminalamt, Vietnam Director: Mr Wolfgang Roeder) on Agreement for cooperation against organized crime between the Socialist Republic of Vietnam and the Federal Republic of Germany and questions related to international definition of crime and terrorist acts, money laundering etc.

10 – 13 February 2004

Moderator of Panel regarding Phu My 3 – an update on the largest power endeavour in Vietnam, the 7th Annual Asia Power Conference, Singapore.

March 21, 2004

Interview on Vietnamese Television commenting on banking system in Vietnam in the program titled “Vietnam in foreigners’ eyes”.

March 22-24, 2004

Presentation in German and Vietnamese on the topic of German and EU Insolvency Law, organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung in Nha Trang.
April 28, 2004

Presentation on "UNCITRAL Model Law on Electronic Commerce" in English and Vietnamese for the audience including some officials of the National Assembly and Ministries relating to the drafting of the Law on Electronic Transactions in Vietnam within the Project "STAR - BTA Implementation", Hanoi, Vietnam.

May 26-29, 2004

Presentation in German and Vietnamese on the topic of German and EU IP rights, organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung in HCMC. The presentation focussed on:
- Copyright law
- Trademark law
- Patent right
- Other commercial protection rights
- Examples of legal disputes in the area of the protection of intellectual property
- Experiences of the settlement of legal disputes in the area of the protection of intellectual property

June 23rd – 25th
Presentation on stock exchange law, securities, fond-system, negotiable instruments, share-system, examples and experience, organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung in Hanoi.

July 6th - 7th 2004
Presentation on Infrastructure Opportunities, Vietnam Investment Roundtable, Vietnam calling: open for business, organized by THE ECONOMIST, HCMC.

September 2004
Presentation on “VIETNAM - WTO - AFTA - ASEAN - The Legal and Institutional Environment for Investments and the Process of Integration into the Global Community” and
“Business costs in Vietnam” at the Vietnam seminar in Baker & McKenzie, Berlin Office, Germany.

Dalat Seminar

Oct. 17 – 20 2004
Presentation on German and European Law regarding the topics of common transaction conditions and international contract law, examples and experience, organized by the Ministry of Justice of Vietnam in cooperation with Konrad-Adenauer-Stiftung, Danang, Vietnam.

November 5, 2004

Presentation on the topic of “Outsourcing in Vietnam: Tax Issues" and “Tax Incentives for Manufacturing in Vietnam", Asia Pacific Tax Conference, Singapore.

November 18-19, 2004

Attending the 10th Asia-Pacific Conference of German Industry and Trade in Bangkok and presenting on WTO-Vietnam accession, Project “Unified Enterprise Law”, Representative Office Taxation.

November 20-21, 2004

Giving presentation regarding “Law and Power - Challenges of a Globalized Economy" in the DAAD-Alumni Seminar for Legal Studies in Bangkok.

January 21-23, 2005

Attend WTO Practice Group Meeting from January 21 - 23 2005 in held at the Château Mercier in Sierre, Switzerland

January 25, 2005

Presentation on “Doing business in Vietnam” for an Austrian Trade Mission to Vietnam 2005, Hanoi.

February 22-26, 2005

Attend the Asia Pacific Partner Meeting in Bangkok. Giving presentation in the Meeting with Siemen on “Government attitudes and practice in awarding government projects around the reagion”; “Update on issues concerning projects in Asia Pacific”

March 1- 4, 2005

Attend the Power Conference 2005 in Singapore. Giving presentation on "Fuel Choice in Asia" and chair the "Renewable Energy" session.

March 8- 9, 2005

Giving presentation on New Competition Law with Eurocham Pharma Group in Ho Chi Minh City.

March 22, 2005

Presenting to delegation of German industry at German Embassy regarding investment in infrastructure projects in Vietnam

March 24, 2005

Giving presention on "Legal Practice in Germany and Europe" with the Judicial Academy

March 28- 29, 2005

Giving presentation on "European - German Environmental Laws" at KAS – MOJ seminar in Nha Trang

April 04, 2005

Giving presentation on the effects and consequences of Early Harvest Agreement at German Business Association Board Meeting in Hochiminh City

April 05, 2005

Giving presentation on Investment in Vietnam/ Briefing the Prime Minister of Brandenburg State, Mr. Matthias Platzeck

April 07, 2005

Meeting Dr. Vogel, chairman of German Konrad Adenauer Stiftung, at ambassador residence. Giving presentation on investing in Vietnam and Vietnam’s international integration

April 08, 2005

Presentation on investing in Vietnam for the Development Cooperation Committee of the German Bundestag

24 April 2005

Presentation on "Investment in Infrastructure Projects in Vietnam" with the German Ministerial Delegation of the German state Mecklenburg Vorpommern in presence of his Excellency Dr Harald Ringstorff.

26 April 2005

Presenting on Investment in Telecom Sector at German Chamber of Commerce in Hanoi

16 May 2005

Presenting the comments of the Vietnam Business Forum and Eurocham to the 2 draft or the Unified Enterprise Law (UEL) and the 8th draft of the Common Investment Law (CIL) to the drafting committee and legal department of the Ministry of Planning and Investment in Hanoi

17 May 2005

Presenting to delegates of the German Parliament (Bundestag) on “Investing in Vietnam and major issues for Vietnam in its accession procedure to WTO” at German Embassy

May 2005

Attending and giving presentation at the seminar on European and German Property Laws with the Ministry of Justice in Dalat and Konrad Adenauer Stiftung

May 2005

Presentation on the latest Draft of Common Investment Law and Unified Enterprise Law at Vietnam Business Forum


June 14, 2005


Presenting on anti-counterfeiting in Vietnam and anti money laundering regulations and implementation in Vietnam at meeting with EU economic counselors, Dutch Embassy

July 6, 2005
Presenting on financial service sector in Vietnam for Mr. Winfrid Blaschke, a senior EC official in charge of services.

July 16, 2005

Presentation on anti-money laundering and implementation of OECD principles re anti-money laundering in Vietnam.

August 5th - 6th

Meeting with German Bundestag Delegation under Mr. Carstens Ernstek in German Embassy - presenting on financing infrastructure projects in Vietnam.

August 14th-15th

Presenting to the Real estate drafting committee of the National Assembly of Vietnam on German Real Estates Laws and Taxation Principles of Real Estate in Germany

23 September 2005

Presentation on the topic “State Guarantees / State owned companies and their credit risks” for KfW Legal Department in Frankfurt and KfW IPEX-Bank (Basic Industries Department, Rail & Road Infrastructure Department), Frankfurt.

26 September 2005

Interview in Vietnamese language in the Rundfunk Berlin-Brandenburg Radiomultikulti - Vietnamesische Redaktion with the topic regarding lawyer practicing in Vietnam, my role between the Vietnamese and German Government, Vietnamese new investment draft laws etc.

26 September 2005

Presentation on the topic „Vietnam, WTO und ASEAN - Neue Perspektiven fuer Investoren” in the workshop on "Foreign direct investment, Investitionsklima und Wertschöpfungsketten", Asian Pacific Week Berlin 2005.

29 September 2005

Presentation on the topic “Vietnam, WTO und ASEAN - Neue Perspektiven fuer Investoren” in the light of ASEAN countries and the link over to China, organized by the Wirtschaftskammer Schweiz-Asien für ASEAN & Korea.

10 October 2005

Presentation on “Vietnamese banking regulations and reform” and “Vietnamese WTO accession” to Mr. Kroh, CEO of Kreditanstalt Fuer Wiederaufbau ("KFW") at German Ambassadors residence.

29 October 2005

Interview regarding Common Investment Law on behalf of Eurocham in VTV1 in the program “Integration”.

17 November 2005
Presentation on “BOT Projects – Tax Issues of Vietnam” in the 21st Annual Asia Pacific Tax Conference” held by Baker & McKenzie, Hong Kong.

18 November 2005
Presentation on “Contract Manufacturing And Tolling Agreements” in the 21st Annual Asia Pacific Tax Conference” held by Baker & McKenzie, Hong Kong.

24 November 2005
Presentation in the seminar on REACH (Registration, Evaluation and Authorization of Chemicals), held by Eurocham, HCMC and Hanoi.

14-15 January 2006

Presentation on the topic of “Purchase and Registration of Real Estate: German and European Law” organized by KAS – MOJ, explanation in Vietnamese language and training in issues in relation to application of land law registration system. The content of the presentation includes:
- Definition of property
- Forms of property in Germany - Overview
- The Real Estate Registry Office
- Structure and Organization of the Real Estate Register
- Correction of registry-entries
- Land Parcels
- Difference "Real Estate" and "Land Parcel"
- What is comprised by Real Estate?

6 February 2006

Presentation on the Asean China Free Trade Agreement for the delegation of the German Industrial Chamber of Commerce in Berlin, in Hanoi.

4 March 2006

Presentation on Opportunities in Vietnam for the German Shipbuilding Industry at the German Embassy for a Delegation consisting of German Shipbuilders.

7 March 2006

Presentation on Common Investment Law and Unified Enterprise Law – Impacts on Vietnamese and Foreign Investors for EU Economic and Commercial Counsellors in 20 EU Embassies in Hanoi, organized by the Austrian Embassy.

13 – 16 March 2006

Presentation on “Legal Enforcement and Execution: German and European Law, Enforcement of Civil Courts' decisions and Penal Enforcement” organized by KAS – MOJ, explanation in Vietnamese language and training in these issues, Nha Trang, Vietnam.

16-17 March 2006

Presentation on IPR, General overview of the current state of law, Vietnam’s accession to Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, International Convention for the Protection of Plant Varieties (UPOV), Border Enforcement, Procedure to request provisional suspension, Customs Procedures in case of Detection of Infringement on behalf of the European Chamber of Commerce in Vietnam (“EUROCHAM”) in the Seminar and Exhibition on “IPR: Powering SMEs”, organized by the EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II) in co-ordination with the National Office of Intellectual Property of Vietnam (NOIP) and the European Chamber of Commerce in Vietnam, at Sheraton Hanoi Hotel, Vietnam.

20 March 2006

Presentation in power projects experience at request of EDF and Sumitomo Corporation
to act as International Legal Counsel in the structuring, negotiation, development and financing of a new gas fired combined cycle power project with a capacity of about 700 MW to be carried out as a Build-Operate-Transfer (BOT) project in O Mon, Vietnam.

27 March 2006

Participating and giving presentation in the German Vietnam Dialogue Forum on topics: Vietnam and WTO, future development on banking and service sector in Vietnam, infrastructure, Common Investment Law and Unified Enterprise Law at Hanoi Horison Hotel.

28 March 2006

Presentation on “Equitization/Privatization - German experiences” in the seminar on ”Vietnam entering the WTO: Transformation of state-owned enterprises in Vietnam” organized by Vietnam National University and KAS, Hanoi.

04 April 2006

Presentation on “World Trade Organization – What is it and what will it mean for you?” at the seminar regarding “The membership of Vietnam to the WTO and their implication on the provinces” held by National Academy of Public Administration (NAPA) and Konrad-Adenauer-Stiftung (KAS), Hanoi.

27 April 2006

Presentations in Vietnamese language on the following topics:
- Overview of Methods of Alcohol Taxation: Ad Valorem & Specific Tax
- Specific Tax: How can it be used?
- Case Study: Dominican Republic
- Case Study: Hong Kong
- Case Study: Colombia
in the seminar regarding “ALCOHOL EXCISE TAX IN VIETNAM” co-organized by Eurocham and Ministry of Finance of Vietnam.

May 7, 2006

Presentation on WTO, Investment climate in Vietnam, new Investment Law to German State of Baden-Württemberg in the business matchmaking meetings held at Melia Hanoi Hotel.

May 16, 2006

Attending and speaking regarding draft decree on BOT in the Vietnam Business Forum, meeting on power organized by the World Bank/ IFC.

22 – 23 May 2006

Presentation on the topic re “Comparative Study of GST/VAT Regimes in Vietnam”
and “Roundup of GST/VAT Developments in Vietnam” in the 1st Annual Asia Pacific GST/VAT Conference, held by Baker & McKenzie, Singapore.

25 – 26 May 2006

Presentation on the topic of „Staatshaftungsrecht“ organized by KAS – MOJ in Danang, explanation in Vietnamese language and training in issues in relation to application of land law registration system. The content of the presentation includes:
What is the law on state liability?
System of the law on state liability ("LSL").
Claim for liability of state agencies.
Facts that constitute liability of state agencies.
Sovereign actions in the light of the claim for liability of state agencies.
Most important case groups of state agencies' duties.
Does a violation of duties always justify a liability claim?
Facts that lead to exclusion of the claim according to Paragraph 839, Section I, Sentence 2 of the German civil code.
What is the meaning of fault regarding liability of state agencies?
Burden of proof in legal proceedings on liability of state agencies.
Claim for liability of state agencies between different state authorities?
Liability of the state in case of civil legal actions.
Nationalization.
What property is protected by Article 14 III.
What is a precise intervention in the context of nationalization?
General remedy clauses.
What are remedies paid for?
Sacrifice claim.
Facts constituting the sacrifice claim.
Restoration claim
Legal basis for restoration claim.
Facts constituting the restoration claim.
Is there always a restoration claim?

5 June 2006

Address on Draft implementing decree of the Investment Law on behalf of Eurocham in the Vietnam Business Forum (VBF) organized by the International Finance Corporation (IFC), the Ministry of Planning and Investment and World Bank

12 June 2006

Speech and discussion about investment in infrastructure and power projects in Vietnam in the session re “The Enabling Environment for PPP in Viet Nam” within the Workshop re “Public Private Partnerships (PPPs) to deliver essential infrastructure services to the poor in Vietnam” organized by the Asian Development Bank (ADB), Vietnam Resident Mission, Hanoi.

14 June 2006

Presentation on Vietnam’s new Enterprise and Investment Law for German Business Association, Ho Chi Minh City.

22 June 2006

Presentation on Roadmap for foreign enterprises to invest in Telecom, Banking, Financial and Professional Services after Vietnam’s WTO-Accession, organized by Eurocham, Hanoi.

Publications

January/February 1998: Publications about the Legal System in Vietnam through “Bundesstelle Für Außenhandelsinformationen” (Bfai), Agrippastraße 87-93, 50676 Köln.

March 1998: “Finanzierung und Kreditsicherung in Vietnam” (Bfai)

March 1998: “Decree Nr. 10 CP - Investitionsrecht Vietnam Aktuell - Eine Analyse” (Bfai)

April 1998: Vietnamese Private International Law (Civil Code Vietnam) “Internationales Privatrecht Vietnam” for the first edition of the book “Ausseuropäische IPR - Gesetze Der Professoren Krüger (Köln), Kropholler (Hamburg), Siehr (Zürich) Und Dr. Riering, Edited by “Deutsches Notarinstitut (Würzburg)” am Max-Planck Institut.

April 1998: “Neue Entwicklungen im Bankenrecht in Vietnam” (Bfai)

May 1998: Publication of the law document: “Arbeitsrecht in Vietnam” (Bfai)

August 1998: Publication of the law document “Devisenrecht in Vietnam” (Bfai)

January 1999: “Neue Entwicklungen im Bankenrecht” (Bfai)

February 2000: The Guide For Foreign Investment In Vietnam 2000 “Investitionsführer Vietnam 2000” (Bfai).

September 2000: The Guide For Foreign Investment In Vietnam 2000 “Investitionsführer Vietnam 2000” (Bfai).

October 2001: “Vietnam’s Constitution - The amendments”, Vietnam Economic Times

November 2001: “Internet in Vietnam”, Bundesanstalt für Außenhandel (Bfai)

November 2001: “Dispute Resolution in Vietnam”, Bundesanstalt für Außenhandel (Bfai)

November 2001: “Labor Law in Vietnam”, Bundesanstalt für Außenhandel (Bfai)

January 2002: “Vietnam and the Phu My 3 BOT Power Plant – An Open Door or Invite Only”, published on Swiss-South East Asian Chamber of Commerce (“SEA”)/ Journal 1/2002

March 2002: “Vietnam: Emerging Oil And Gas Market”, Energy Asia (The Strategist Pte Ltd), Singapore

March 2002: “Rechtliches Umfeld Für Investitionen In Vietnam”, Asia Bridge, Germany

April 2002: “Im Windschatten der Amerikaner, VIETNAM - Bilaterales Handelsabkommen mit den USA soll auch auf Europa angewandt werden”, Asia Bridge, Germany

June 2002: “Gerichtsstandsvereinbarungen mit vietnamesischen Firmen” by Lutz Träbert, Düsseldorf, and Oliver Massmann, Recht der Internationalen Wirtschaft/Betriebs-Berater International - Verlag Recht und Wirtschaft – Heidelberg

July 2002: Article about VN-US BTA, published by Gerlach International Business Information GmbH, Asia Bridge Journal, Germany.

August 2002: Article about VN-US BTA’s impacts on European banks and enterprises in Vietnam, published by Asia Bridge Journal, Germany.

November 2002: “Baker & McKenzie bridges Germany with Vietnam”, published in Vietnam Economic News, No. 46, 2002, Vietnam.

April 2003: “Investment Climate In Vietnam”, Asia-Bridge, German bimonthly based in Hamburg journal.

November 2003: “Der Eigentumsvorbehalt bei Warenlieferungen in das Ausland - Die gesetzlichen Regelungen in Vietnam”, the 8th edition, (or “Reservation of Title under Vietnamese Law”), Information Brochure of Industrie- und Handelskammer Offenbach am Main, Germany.

February 2004: Comment on the Textile and Market Access Agreement between the EU and Vietnam, forwarded to EU community in Vietnam.

March 2004: Publication of the paper on “Vietnam: Cross-Border Chattel Hiring”, published by the Asia-Pacific Tax Bulletin in the May/June 2004.

August 2004: Article regarding “Vietnam - WTO: Why and How?”, to be published in EuroCham’s newsletter in the Vietnam Investment Review.

August 2004: Article regarding “Growing investment potential in Vietnam”, for the Asia Report of HSH Nordbank AG.

August 2004: Article for special issue regarding “Germany - Vietnam: Friendship Relation and Economic Cooperation”, to be published by the Vietnam Business Forum Magazine of the Vietnam Chamber of Commerce and Industry (VCCI) on the occasion of the 9th Asia Europe Business Forum in Hanoi on October, 7th - 8th 2004.

February 2005: Article regarding decentralization in FDI licensing as cover story for Vietnam Economic Times, March issue.

May 2005: Article regarding Early Harvest Agreement for the WTO section in the ELDB.

May 2005: Article regarding “Individual Taxation in Vietnam” for Asia Pacific Tax Bulletin Amsterdam, June 2005.

July 2005: Contributed Vietnam-WTO related inputs for the article titled “Voyage of Discovery” in the subject “Working with America” in the Vietnam Economic Times (VET) July 2005. The article is about cooperation between Vietnamese and American enterprises backed by an improved political relationship between two nations.

November 2005: Interview for the article regarding “Arbeiten weltweit” (Working worldwide) by Dr. Isabell Lisberg-Haag of Trio MedienService.

March 2006: Article on “Vietnam: BOT Projects – Tax Issues” in the Asia-Pacific Tax Bulletin Journal, March 2006.

May 2006: Contributed to article regarding "US firm upbeat on WTO entry" on Vietnam News, Vietnam News Agency dated May 18, 2006.

May 2006: Contributed to article regarding "Dau hieu kha quan cho moi truong kinh doanh o Viet Nam" (Optimistic signals for Vietnam’s investment environment) on Tin Tuc, Vietnam News Agency dated May 17, 2006.

June 2006: Interview of People's Army newspaper (Quan Doi Nhan Dann) regarding Vietnam and the U.S. deal on Vietnam's accession to WTO.

July 2006: Interview on Unified Enterprise Law (2005), broadcasted in Law Propaganda, Hano
 

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