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Foreign investors wishing to conduct construction service business in Vietnam are allowed to do so by setting up a foreign invested company incorporated under Vietnamese laws. Alternatively, they can directly partake in a construction project as a foreign bidder then either enters into a joint-venture agreement with a Vietnamese party or uses local contractors to carry out the project. If there is no local contractor capable of performing the entire construction process as required, the project may be conducted solely by foreign contractors provided that they satisfy all local requirements.

Subjects to capacity, experiences and education (degree level), individuals and organisations including foreign invested companies in the construction sector must obtain a capacity licence in order to do business in Vietnam. The construction works performed by the individual or organization shall be based on the licence granted.

Foreign investors wishing to conduct construction service business in Vietnam are allowed to do so by setting up a foreign invested company incorporated under Vietnamese laws. Alternatively, they can directly partake in a construction project as a foreign bidder then either enters into a joint-venture agreement with a Vietnamese party or uses local contractors to carry out the project. If there is no local contractor capable of performing the entire construction process as required, the project may be conducted solely by foreign contractors provided that they satisfy all local requirements.

Subjects to capacity, experiences and education (degree level), individuals and organisations including foreign invested companies in the construction sector must obtain a capacity licence in order to do business in Vietnam. The construction works performed by the individual or organization shall be based on the licence granted.

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Work Highlights

Advised the Urban - Civil Works Construction Invetsment Management Authority (UCCI) on the development and construction of East West Highway, Thu Thiem Tunnel, Water Environment Projects, total value close to USD 1 bn.

Advised AEON Vietnam on the construction of two mega malls in Vietnam including drafting and negotiating key construction and leasing contracts.

Reviewed construction bidding document, FIDIC design & build contract, M&E contract and EPC contract for three items of Perfetti van Melle’s USD 28m factory.

Drafted and reviewed design & build construction contract and consulting contract for the USD 20 m construction project of Hoan My Hospital.

Advised on drafting the winning 8-party consortium construction and development agreement for a USD 1bn project in the centre of HCMC (Tran Hung Dao – Pham Ngu Lao – Nguyen Thai Hoc), and term sheet for the construction contract.

Drafted, reviewed and negotiated the construction contract for The Manor II.

Advised Kawasaki Heavy Industry on a construction dispute with LILAMA in relation to a thermal power plant.

Assisted Liebherr in settling a dispute arising from construction accidents in Son La Hydro Power plant (a USD 3.5 bn project) in Lai Chau Province.

Drafted and reviewed EPC Contract and M&E Contract for USD 120 million Bitexco Nho Que Powerplant Project in Ha Giang Province.

Advised Essar Steel Vietnam on EPC contract and tax matters in relation to a USD 527 million hot strip mill plant in Ba Ria – Vung Tau.  

Drafted and reviewed EPC contract for a power plant and bio energy project inside the project land of another company.

Drafted and negotiated FIDIC design and build contract for USD 700 million 60-storey M&C Tower.

Drafted and reviewed FIDIC design and build contract for a USD 175 million underground car park and shopping mall in Ho Chi Minh City with Zublin GmbH

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