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HOAN, Pham Khai

Investment Projects, Corporate and M&A, Contracts, Labor and Employment, Taxation, Insurance, Dispute Resolution and Litigation.

PROFILE SUMMARY

Hoan has more than 15 years of experience practicing in commercial, corporate and employment matters, contracts, real estate and construction and dispute resolution.

Hoan is one of the partners who founded BROSS & Partners. Prior to jointly created BROSS & Partners, Hoan had established and managed an investment and intellectual property consulting company, after he left his previous job in a leading law firm of Vietnam. Hoan has gained extensive experience and expertise in relation to foreign direct investment (FDI) projects, projects financed by ODA funds, contracts, dispute resolution and intellectual property.

AREAS OF PRACTICE 


Investment Projects; Corporate and M&A; Contracts; Labor and Employment; Taxation; Insurance; Dispute Resolution and Litigation.
 

PROFESSIONAL MEMBERSHIP

  • Inter- Pacific Bar Association (IPBA)
  • Member of Hanoi Bar Association (Vietnam)
  • Vietnam Bar Federation
  • Member of Vietnam Intellectual Property Association (VIPA)

EDUCATION AND TRAINING

1994 – 1998: Hanoi University of Law (Hanoi, Vietnam) - LLB (Law) 
 

LIST OF KEY DEALS

Contract

  • Advising on and reviewing a mortgage contract valued approximately US$ 10 million between a Vietnamese company and a multi-national distribution group;
  • Advising on, reviewing and assisting the Client, who is the Owner of a project for expansion of a fertilizer plant in Vietnam, during the negotiation process of the Engineering-Procurement-Construction Contract valued US$ 370 million between the Client and the EPC Contractor from the P.R.China;
  • Advising on, reviewing and assisting the Client, who is the Owner of a project for construction of a fertilizer plant in Vietnam, during the negotiation process of an Engineering-Procurement-Construction Contract and a Technology Transfer Contract with total value of more than US$ 247 million, between the Client and a consortium of two contractors from Thailand and Japan.
  • Drafting a mortgage contract and reviewing a credit agreement between a hydropower production company and a State-owned commercial bank for the grant of a credit facility up to VND 200 billion for a hydropower plant project in Sonla Province, Vietnam.
  • Drafting, reviewing and providing legal advices on many business co-operation contracts related to real estate development and businesses.
  • Drafting, reviewing and providing legal advices on various contracts for construction and erection, house sale and purchase, land transfer contracts for civil and commercial projects like large five-star hotels, luxury residential buildings, houses and villas development projects… and industrial construction projects.

Corporate, Investment and M&A

  • Advising and performing the regulatory procedures for separation of a manufacturing company, including separation of a under-construction plant project in a land parcel of 40,000 square meters  in Bacninh Province;
  • Advising on convening and organization of irregular general shareholder meetings, appointment and powers of the shareholders’ authorized representatives and resolution of disputes among the shareholders of a joint stock company with shareholders being state-owned corporations engaging in real estate business and labor export.
  • Providing legal advices and assistance to a science and technology organization, which contributed capital in a high-rise apartment and office building project with total investment capital of over US$ 30 million, during the project implementation process;
  • Advising on corporate restructure and making capital contribution in form of assets by a Korean company to an enterprise operating in assembly and distribution of automobiles;
  • Advising on and reviewing an investment agreement and a share sale contract between PVFC and a food production company;
  • Advising, drafting the contract and assisting in performance of regulatory procedures for the assignment from a Vietnamese joint stock company to a Korean investor of a vessel parts production project constructed on a land parcel of approx. 5 ha in Ha Nam Province;
  • Providing legal advices and assistance for the performance of regulatory procedures for overseas investment by several Vietnamese enterprises.

Dispute Resolutions

  • Advising and acting as the attorney for the Owner of a complex project, comprising a five star hotel building, a luxury apartment building and an office-for-lease building, to resolve the dispute with the French Project Management Consultant in relation to the contract for project management and supervision consulting service between them;
  • Advising and representing a Project Owner to resolve the disputes with its contractors during the construction process of a five star hotel with total disputed amount of about US$ 5 million;
  • Advising and representing a Korean real estate developer to resolve  the disputes arising out of the house sale and purchase contracts with 13 individual house buyers;
  • Advising and representing a Vietnamese Football Club in a lawsuit before the Federation International de Football Association (FIFA) relating to the Club’s termination of the Employment Contract with an Australia Player;
  • Advising and representing Client in a lawsuit against the unauthorized registration and use of domain name at the Center for International Mediation and Arbitration under the World Intellectual Property Organization (WIPO);
  • Advising and assisting in resolution of the dispute regarding capital contribution to a kindergarten and primary school project in Hanoi.


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