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Hung Ngo
Hung is the Managing Partner of Ngo & Partners and Head of Corporate and M&A, Dispute Resolution, Real Estate, Construction, White-Collar Crimes and Social Funds and Corporate practices.
Hung is specialized in disputes of construction, trade, banking & finance, corporate, debt recovery, and white-collar crimes, Hung is also specialized in real estate, construction, corporate and M&A, renewable energy, investment, and social funds & enterprises.
In these fields, he has advised and represented multi-national corporations as well as Vietnamese corporations. Some of Hung’s corporate clients include HSBC, SMBC, Sojitz, Mekong Capital, Creador, Monsanto, AstraZeneca, Pfizer, Sanofi, Bayer, Merck, Servier, AbbVie, Ferring, Ascott, Capitaland, Keppel Land, Indochina Kajima, Hill International, LOGOS, BUNGE, Clermont Holdings, Sime Darby, Taisei, China Huadian Engineering (CHEC), Dow Chemical (Rohm & Hass), Halla Construction, Hanwha, Hanjin Shipping, Smilegate, Hyosung, Hamatomo Shoji, Vietinbank, Techcombank, Masan, VNPT, PVEP, BSR, THACO, VN Steel, Thanh Thanh Cong Group, Bitexco, Son Kim Land, PNJ, VSH, KDI Holdings, Saigon Tel, KID, PMC, SHTP, Moi Truong Xanh Fund, and May Social Company. (*)
In the White-Collar Crimes, Hung also defended the former Member of the Political Bureau (the former Minister of the Transportation Ministry and the former Ho Chi Minh City’s Party Secretary), the former Dong Nai’s Party Secretary, the former Deputy Chairman of the People’s Committee of Ho Chi Minh City, the former Chairman of MHB (a state-owned bank), and the former General Director of Tin Nghia Corporation (a large state-owned enterprise), etc. in the competent courts of Vietnam. (*)
(*) The clients have been advised and represented by Hung in previous firms.
Highlight Works
- Advising a foreign-invested company to settle a dispute with a municipal government on a 300 million USD infra-structure BOT and BT projects, whereby the government agreed to increase the initially approved investment capital cap by more than 130 million USD;
- Advising a local hydropower company in settling disputes with foreign contractors in E&C Contract in relation to a Hydropower Plant in the central highland of Vietnam with a total value of dispute is more than 250 million USD;
- Advising a foreign logistic developer in settling dispute with local contractors in Design and Build Contract in relation to a Logistic Plant in Vietnam with a total value of contract being 45 million USD;
- Advising founding/warrantor shareholders in the settling dispute with the global pharmaceutical corporation in the acquiring transaction in a joint venture pharmaceutical company with a total value of dispute is more than 60 million USD;
- Advising the foreign fund in Vietnam in the settling dispute with the management and shareholders of the invested company;
- Representing a water company in the M&A dispute with a foreign investor with a total value of 125 million USD at the court of Viet Nam;
- Representing an international project consulting firm to recover project management fees worth 4 million USD from the employer of a large real estate and entertainment project in Long An Province. The arbitral tribunal awarded to the client the demanded amounts;
- Advising a leading Singaporean developer, relating to the claim for damages from the main contractor due to delay of the construction in the luxury condominium complex project located in District 2 of Ho Chi Minh City;
- Representing the largest state-owned bank in the dispute between a Vietnamese lender with the foreign-invested developer at the luxury condominium project located in District 1 of Ho Chi Minh City with the total value of the dispute is nearly 16 million USD;
- Advising a leading Vietnamese developer in settling a dispute with a local contractor in the construction contract of the luxury condominium project located in District 2 of Ho Chi Minh City;
- Advising a subsidiary of a giant Japanese industry corporation in the dispute with the General Department of Tax of Vietnam in relation to tax incentives in the industrial infrastructure development project in Dong Nai;
- Representing a leading auto corporation in settling shareholders' disputes arising from its subsidiary company in Da Nang;
- Advising a subsidiary of PVN, in settling the dispute arising from the condominium project located in Ha Noi;
- Representing a Korean fund, in settling a dispute with a local developer, a state company in a guaranteed agreement with the total value of the dispute is more than 13 million USD at Ho Chi Minh City’s Court;
- Representing an international fund in settling a dispute with a local distributor in the convertible loan agreement with the total value of the dispute being more than 6.3 million USD. All claims of the fund have been accepted by the competent courts;
- Representing a leading foreign bank in settling disputes with a Vietnamese company in a credit contract at the district court in Hanoi. The dispute was successfully settled by the parties;
- Representing a leading local bank in settling disputes on credit agreements and guarantee letters with both subsidiary and Triyards Holdings Limited at the VIAC with the total value of disputes being nearly 14 million USD. All claims of the client have been accepted by the arbitral tribunal;
- Advising a local bank in settling a dispute on guaranteed agreement Triyards Holdings Limited in Vietnam with the total value of the dispute is nearly 20 million USD;
- Advising a subsidiary of a global leader in agribusiness, food, and ingredients in settling the dispute with local shareholders in the joint venture company with the total value of the dispute being more than 6 million USD;
- Representing shareholders of the five-star resort in Hoi An, a foreign-invested company, in serial shareholders disputes at the compentent courts with the total value of the dispute being millions of USD;
- Advising a subsidiary of PVN, on Vietnamese legal perspective in implementing the dispute settlement agreement with foreign explorer;
- Advising a subsidiary of PVN, on the tax declaration dispute with another subsidiary of PVN;
- Advising large local corporation in the dispute on the equipment purchasing agreement with a Japanese company with a total value of dispute is more than 7 million USD;
- Representing a subsidiary of Monsanto (Singapore) in settling the multi-disputes with a local distributor at the arbitration. A part of the counterclaims of the client has been awarded by the arbitral tribunal;
- Representing a Vietnamese corporation in settling disputes with a commercial bank in guaranteed agreement with the total value of the dispute being more than 12 million USD. The dispute was successfully settled by the parties; and
- Representing Ho Chi Minh City Hi-Tech Park (SHTP) in numerous administrative cases at Ho Chi Minh City’s Court and Supreme Court. The requests of SHTP have been accepted by the two levels of court.
- Representing a former Member of the Political Bureau in the white-collar crime relating to the Ho Chi Minh - Trung Luong Highway project at the court of Ho Chi Minh City;
- Representing a former Provincial Party Secretary of Dong Nai in the white-collar crime relating to the AIC’s case at the court of Ha Noi City;
- Representing the former Deputy Chairman of the People’s Committee of Ho Chi Minh City in the white-collar crimes relating to two real estate projects located in the CBD of Ho Chi Minh City at the court of Ho Chi Minh City and Superior Court;
- Representing the former Chairman of BOD of the state-owned bank cum Chairman of BOD of the securities company in the white-collar crime relating to the securities company at the court of Ho Chi Minh City and Superior Court;
- Representing the former General Director of the large state-owned corporation in Dong Nai in the white-collar crime relating to the large real estate project in Nhon Trach at the court of Dong Nai;
- Representing a subsidiary of Sime Darby, in the white-collar crime relating to tax of BMW distribution in Vietnam at the court of Ho Chi Minh City and Superior Court;
- Representing a large jewelry corporation in the enormous criminal case of Dong A Bank at the court of Ho Chi Minh City;
- Representing a credit official, in an enormous fraud banking crimes worth 4,000 billion VND (nearly 200 million USD) in Vietnam at the court of Ho Chi Minh City and Supreme Court;
- Advising some leading private conglomerates relating to security offenses under the new Criminal Code; and
- Advising giant Korean corporation in the criminal and labor liabilities of its employees in Vietnam.
- Advising a giant Chinese power corporation on the Vietnamese law perspective regarding the implementation of the EPC Contract on the Project of Duyen Hai II 2x600MW Coal-Fired Power Plant in Tra Vinh, with a total value of the contract is 1.9 billion USD;
- Advising a large local developer on the construction contract with Hyundai E&C relating to the 6-star complex project in Nha Trang with the total value of the contract is 250 million USD;
- Advising a local construction company on the sub-construction contract with Hyundai E&C, with a total value of the contract is 230 million USD;
- Advising an energy holding company in the restructuring of more than 10 energy projects in solar, wind, and hydropower for the issuance of international bonds;
- Advising a large Japanese construction corporation on reviewing the construction contract templates that will be used in Vietnam;
- Advising a large Korean corporation to acquire 50% of the solar power project company with a capacity of 250MW in the central highland of Vietnam;
- Advising a local contractor in the FIDIC construction contract to build the solar power plant in central Vietnam;
- Advising a Korean developer in the FIDIC construction contract with Posco E&C in the luxury mixed-use project in Da Nang, with a total value of the contract is 18 million USD;
- Advising a Korean developer on the Template Contract of Sale and Purchase of Houses for its luxury mixed-use project in Da Nang;
- Advising a Taiwanese corporation in the construction contract with a Vietnamese contractor in Sunluxe Vietnam’s Factory, with a total value of the contract is 4 million USD;
- Advising the local project management unit (PMU) in the design agreement with foreign designers; and
- Advising a subsidiary of a US specialty chemicals manufacturer on the EPC Contract with the contractor with respect to the Dow Dong Nai High-Pressure Cleaning Project.
- Advising a subsidiary of a US brand name pharmaceutical corporation on the compliance of preferential treatment given to domestic drugs under the Pharmaceutical Law with the principles set out under the WTO and the EV-FTA;
- Advising a subsidiary of a US brand name pharmaceutical corporation to amend the ERC, IRC, Trading License and obtain the Certificate of Eligibility for Pharmaceutical Business for pharmaceutical importing activities;
- Advising a subsidiary of a France brand name pharmaceutical corporation on a strategic memorandum regarding legal framework and models for local manufacturing in Vietnam;
- Advising a global science and technology corporation on the contractual frameworks with Import FIE and local distributors in Vietnam;
- Advising a subsidiary of France brand name pharmaceutical corporation to the chief of representative office issues in Vietnam;
- Advising a subsidiary of a US brand name pharmaceutical corporation on the business model and engagement with Zuellig Vietnam and establishment of an Import FIE;
- Advising a subsidiary of a France brand name pharmaceutical corporation on drug registration, Marketing Authorization issues, and obtaining the Certificate of Eligibility for Pharmaceutical Business for pharmaceutical importing activities;
- Advising a subsidiary of England brand name pharmaceutical corporation from strategic for business models to a distribution agreement with its distributor in Vietnam;
- Advising a subsidiary of a US brand name pharmaceutical corporation from strategic business models to a distribution agreement with its distributor and daily operational activities of its RO in Vietnam;
- Advising Pharmaceutical Group, a Sector Committee under the European Chamber of Commerce in Vietnam (EuroCham), in various key legislation projects, including among others, the new Pharmaceutical Law, the draft of the Pharma Decree, the draft of Tender Circular, the draft of Domestic Drugs List, Drugs Registration, Patients Affordability Programs and Clinical Trial Circulars; and
- Advising Pharmaceutical Group in preparing the sector of pharmaceutical in the Whitebook of EuroCham, Counterfeit Medicines, Code of Ethics, Bylaws, and other its daily operations.
- Advising a subsidiary of a Singaporean developer on the joint venture project with a local developer to develop the mixed-use project in Binh Thanh District with a total investment capital of 320 million USD;
- Advising a subsidiary of the international fund to acquire 100% Vietnamese no-life and health assurance company in Vietnam;
- Advising a Korean shipping company in an M&A deal with another affiliate company of its selling shares in the Tan Cang – Cai Mep International Terminal Company with the total value of the deal being more than 20 million USD;
- Advising a joint venture developer to acquire the majority shares in the project company having the 4-star hotel and apartments project located in Westlake of Ha Noi, with the total value of the deal being 10 million USD;
- Advising a joint venture developer to acquire the majority shares in the project company having the 5-star hotel and resort project located in Phu Yen with the total value of the deal being 16 million USD;
- Advising and preparing transaction documents to a Korean construction company in selling its share in the large complex buildings project in Da Nang with the total value of the deal being multi-million USD;
- Advising a Malaysian fund on a strategic memorandum regarding legal framework and business models for a retail chain in Vietnam;
- Advising a subsidiary of a leading Singaporean developer in Vietnam to transfer the school land to local development at the Riviera Cove Project with the total value of the deal being multi-million USD;
- Advising a subsidiary of a Singaporean developer in Vietnam to transfer the school project in Nam Rach Chiec Project to an international school company with the total value of the deal being 8.5 million USD;
- Advising a giant Japanese bank on the fiduciary duties of bank directors in the local bank of Vietnam;
- Advising a luxury 6-star resort at Nui Chua, Ninh Thuan in relation to new business activities at its premises;
- Advising the lead agricultural global company to acquire all shares in the subsidiary in Vietnam;
- Advising one of the leading PET plastic bottle companies in Vietnam on its sale of shares, with the total value of the deal being 7 million USD;
- Advised one of the leading seafood companies in Vietnam of its selling shares with the total value of the deal being 5 million USD; and
- Advised the U.S. manufacturer in their purchase of the factory in the industrial zone in Binh Duong with a total value of the deal being 4 million USD;
- Advising Moi Truong Xanh Social Fund on the contribution of the fund and the operation of the social funds and the model of social enterprises under Vietnamese laws;
- Advised the establishment and operations of May Social Company which was founded by Actress Truong Ngoc Anh and her colleagues to run charity programs on children, life, and the environment;
- Advised the Mobile Science Lab Experience Program - a social program for elementary and secondary school students, implemented in Vietnam by May Social Company in collaboration with a leading Multi-National Pharmaceutical Corporation; and
- Advised the Agama Experience Program - Returning to True Mind, an experiential program aimed at creating a favorable environment for people to find stillness, delve deep into their inner selves, and achieve balance in life. This is a social program organized and implemented by May Social Company in collaboration with Samten Hills Dalat.
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