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HUNG, Tran Anh

Managing Partner
Corporate and M&A, Real Estate & Construction, Investment, Contract, Insurance, TMT, Dispute Resolution.

PROFILE SUMMARY

Mr. Tran Anh Hung is a co-founder and Managing Partner of BROSS & Partners. Mr. Hung has over 15 years of experience in advising and practicing laws in Vietnam relating to Foreign and Domestic Investment Projects; Merger and Acquisition; Corporate Law; Contracts; Commercial; Real Estate & Construction; TMT; Securities and Capital Markets; Litigation and Dispute Resolution; Insurance and Banking. Before jointly forming BROSS & Partner, Mr. Hung had worked for some prestige foreign and local law firms in Vietnam, where he earned knowledge and experience in FDI projects, M&A, Corporate, Contract, Commercial Practice, Securities and Capital Markets; Dispute Resolution and Litigation.
 
Also, Mr. Hung has gained great successes and was highly appreciated by the clients for his advising on procedures of investment, contract, commerce, dispute resolution…. and land lease for various projects. He is ranked as Market Leading Lawyer in Vietnam by Asialaw Leading Lawyer for Corporate and M&A; Real Estate & Construction; Banking & Finance; Dispute Resolution. In addition, Mr. Hung is the visiting lecturer of legal training course for entrepreneurs and enterprises. Mr. Hung is regular guest speaker of VTC and VTV Channels to talk about corporate, investment, securities and related policies and laws of Vietnam.   
 
AREAS OF PRACTICE

Corporate and M&A; Real Estate & Construction; Investment; Contract; Insurance; TMT; Dispute Resolution.

PROFESSIONAL MEMBERSHIP

  • Member of Hanoi Bar Association (Vietnam) 
  • Viet Nam Bar Federation 
  • Vietnam Intellectual Property Association (VIPA)
  • The International Bar Association (IBA)
EDUCATION AND TRANING

2005  2008:  Vietnam National University - LLM

2006:            Certificate of qualification as a lawyer (legal practice license)

                    granted by Ministry of Justice

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

LIST OF KEY DEALS

Projects and Energy

  • Providing legal advices for M&A case between a Chinese company and a local company located in Ho Chi Minh City for a wind farm project in Daklak Province which includes: legal due diligence, structuring advice, transaction documents, participating the negotiation and post negotiation for closing the transaction;
  • Providing legal services for a Thai solar power company to get all approvals for investment of a wind and solar energy project in Ea Sup District, Daklak Province including the approval for making survey, supplement of the project into the electricity masterplan of Daklak and Vietnam, Investment Registration Certificate, Power Purchase Agreement and Grid Connection Agreement, Land Use Right … ;
  • Providing regularly legal advice services for a steel factory in cluding thermal power plant in Ha Tinh Province and other legal issues related to the environments, internal regulations, employment… 
M&A, Investment and Corporate Matters            
  • Provide legal advice for an M&A case (issued more than 10 million new shares to a foreign investor) between a leading Korean corporation and one of the five leading textile and garment companies in Vietnam with the value of more than US$10 million. SaigonTimes rated this M&A case as one of ten most effective M&A cases in Vietnam in 2009; 
  • Advise on acquisition (M&A) of the capital share of foreign investors from Korea, as members of a Company invests in a Real Estate Project who construct of an area of high-class apartments, offices for lease, villas, and adjacent houses in Ha Dong, Hanoi, Vietnam with a total investment value of over US$198 million;
  • Advise on the consolidation of two Vietnamese leading media enterprises into a media enterprise in accordance with the Government’s policy on streamlining the organizational structure of the State-owned Groups/ Corporations in Vietnam; 
  • Advise on legal aspects and procedures for acquisition of the bitumen store located at Cua Lo district, Nghe An province, by Petrolimex Alsphat and a multi-national petroleum corporation; 
  • Advise on legal aspects and draft/ review the Joint Venture Agreement, Charter, conditions and procedures for setting up a joint-venture company in provision of inspection services between a most prestige real estate and construction company in Vietnam and a conglomerate from India; 
  • Participating in negotiation process and preparing the Joint Venture Agreement, Charter and necessary documents for establishment a joint venture company engaging in elevator manufacture and construction management/ supervision services between a local construction company and Japanese company; 
  • Provide legal advice for an M&A case (transfer 100% of share capital) between a leading Korean construction Group and one of the leading construction companies in Hanoi, Vietnam with value more than US$2 million; 
  • Advise on EPC document and contract preparation for a fertilizer producer in Urea plant construction with value more than US$200 million; 
  • Draft and finalize the Franchise Agreement between a foreign invested company in Vietnam and the Franchisor in Hong Kong in the restaurant business then have it registered at the Ministry of Trade and Industry;
  • Advise on and conduct procedures for registration of a long-term and medium-term foreign loan contract with State Bank of Vietnam for a Japanese Company in Vietnam with value more than US$1 million; 
  • Advise and draft the Loan Agreement and Mortgage Agreement between a local company and its foreign shareholder then register the loan at the State Bank of Vietnam – Hanoi Branch.
Real Estate & Construction
  • Advise and draft the BCCs in business and development of the real estate industry for a State-owned Corporation with its partners to develop the real estate projects in Hanoi on the basis of one party having the right to lease and other party having the financial capacity and experience in the real estate industry; 
  • Provide legal advice relating to the construction of Foodinco Center Building at 58 Bach Dang Street, Da Nang City. It is considered as a typical architectural project of Da Nang City which was designed by a famous Spanish architect. Total investment capital value is by over US$40 million;
  • Provide legal advice relating to the construction of Giang Vo Complex, including: Hotel, Sport Game Center of HYAT brand name near by Giang Vo Lake, Hanoi, Vietnam. It is a typical architectural project of Hanoi which constitutes a group of five-star hotels around Giang Vo Lake – a financial centre of Hanoi Capital. The building is designed by a famous architectural company of Highend. Total investment capital value is over US$70 million;
  • Provide legal advice to implement a complex of Crown Plaza at Le Duc Tho Street, My Dinh, Hanoi, including 03 buildings: five-star hotel building, a grade office building and high-level building for rent. Total investment capital is near by US$80 million. The project has been completed and entered in use by the end of 2010. It was a project for 1000-years Thang Long – Hanoi anniversary; 
  • Provide legal advice for the project of Hanoi Lancaster Building at Nui Truc Street, Ba Dinh District, Hanoi. Total investment capital is by over US$30 million. The project is in progress of construction investment; 
  • Advice and represent a Vietnamese company in M&A contract with a Vietnamese-Japanese joint venture company;
  • Advise on and finalize the land lease procedures to implement 02 investment projects worth more than US$6 million at Quang Minh Industrial Zone, Hanoi for a furniture and hygienic equipment company with the brand name called Picenza in Vietnam;
  • Advise and assist numerous clients in getting the land use right for building factory in Vietnam.
Insurance, Banking and Finance
  • Advising on legal aspects and Joint Venture Agreement, conditions and procedures for setting up a joint-venture life insurance company in Vietnam for one of the leading private bank and a top finance – insurance company in Europe;
  • Advising on legal aspects and procedures for setting up a Joint-Venture Enterprise operating in insurance brokerage in Vietnam for two top finance – insurance companies of India and Indonesia with a value of over US$5 million;
  • Advise, make the legal due diligence for the M&A case between a financial company (SDFC) and a leading private commercial bank (MB Bank);
  • Advise, draft the agreements and negotiate to finalize the agreement for M&A case (shares swap) between a financial company (VVF) and a private commercial bank (SHB);
  • To protect and secure the rights and interests of a leading insurance company in the disputes with its customers;
  • Regularly advise and deal with any disputes arising from the insurance contracts for a State-owned Insurance Company;
  • Acting as defending lawyer of an insurance company in a lawsuit for claiming compensation for non-contractual damage arising from an insurance contract against a company providing storage and warehouse services;
  • Acting as defending lawyer of an enterprise (as the Insured) in a dispute over insurance contract against an insurance company in the period of construction;
  • Advise on damage determination, compensation procedure for the company located in Industrial Park of Hanoi having its manufactory consisting of goods and machinery damaged as a result of fire;
  • Advise and assist a Pakistan software company in negotiation with a private bank in Vietnam for provision of E-Banking system;
  • Advise and involve in negotiation process with a client to deal with the account freeze in Vietnamese Bank.
Dispute Resolutions
  • Advice and represent a Chinese Consortium in the dispute arising from EPC for hydropower plant with a local company located in Binh Dinh province with value more than US$70 million at the court and prestige arbitration centre in Vietnam;
  • Advice and represent one of the world leading steel companies in contract disputes related to providing steel building solutions and steel products in Vietnam with value more than US$250,000 at the prestige arbitration centre in Vietnam; 
  • Advising on and acting for his client in dealing with a steel purchase contract dispute between a leading Philippine steel producer and a Hong Kong steel supplier with the value of the dispute worth more than US$4.3 million;
  • Advice and represent a Japanese company in a construction contract dispute related to a paint manufacturing plant with a Vietnamese construction company  with value about  US$1 million;
  • Advice and represent a company trading asphalt in an asphalt sale and purchase contract with a construction company for Thanh Tri Bridge project with value more than US$1 million; 
  • Advice and represent tenants in Quang Minh – Vinh Phuc Industrial Zone in a dispute of infrastructure cost with the IP owner with value US$2 million; 
  • Advice and represent a real estate developer in a dispute with its clients in a villas project in Quang Ninh province with value more than US$2,5 million; 
  • Advice and represent a multinational auditing company in 3 debt recovery claims against its clients in Vietnam with value about US$100,000; 
  • Advice and represent a big-four auditing company in 2 debt recovery claims against its clients in Vietnam with value more than US$100,000; 
  • Advising on and acting for his client in dealing with a dispute of house lease contract worth over US$500,000 between a fashion company and a commercial building in the central area of Hanoi;
  • Advise and represent an US client for recognition and enforcement of an arbitral award in Vietnam under New York Convention 1958 at the Ministry of Justice and competent court in Vietnam.
PUBLICATIONS 
  • Introduction of “The Law on Competition of Vietnam” published in IPBA Journal – May 2010; 
  • Answer the interview on “Bankruptcy – Dissolution of Enterprises” in the “Weekend Securities” program on VTV1 Channel – May 2009; 
  • Answer the interview on “Collection of taxes on transfer of real estate” in the “Lawyers of Enterprises” program on VTC8 Channel – July 2009; 
  • Answer the interview on “Commercial dispute and modes of dealing with commercial dispute in Vietnam” on VTC8 Channel – November 2009; 
  • Answer the interview on “Policy on stimulation of supporting credit interest by the Government” in the Lawyers of Enterprises on VTV8 and SCTV8 Channels; 
  • A paper on “Solve the commercial disputes by arbitrator”;
  • A paper on “Recognition and enforcement of the judgments of a foreign court / foreign arbitral award in Vietnam”; 
  • Thesis on “Protection and Enforcement of Intellectual Properties in United States of America”.

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