Construction Practice

Our construction law team is frequently engaged to advise clients on construction contracts relating to infrastructure projects, urban development projects, logistics facilities, industrial plants, and other large-scale and complex works in Vietnam.

We possess not only in-depth knowledge of Vietnamese laws and regulations governing construction, including those applicable to projects utilizing state capital, but also extensive expertise in the provisions and practical application of international standard-form contracts prevalent in the market.

The experience of our construction law team extends beyond advising on large, complex, and high-value construction contracts to include representation in high-value and intricate construction disputes before courts or arbitral tribunals. Such experience is invaluable to our team when advising employers on large-scale and complex construction contracts.

With the foregoing knowledge and practical experience, we stand ready to accompany employers throughout the entire process—from the formation and negotiation of construction contracts, through contract management, to project completion and handover for operation. This partnership enables employers to manage their construction contracts more effectively, thereby achieving cost savings, ensuring project timelines, and supporting the ongoing business operations.

We provide comprehensive services related to construction, including:

  1. Providing legal opinions on the validity and enforceability under Vietnamese law of construction contracts for large-scale infrastructure projects governed by foreign law.
  2. Advising employers on the types of contracts most suitable for the scale of the project, the works, and the employer’s development objectives.
  3. Advising employers on the preparation of construction contract suites in compliance with Vietnamese law or based on standard-form contracts issued by international organizations such as FIDIC, ICE, and NEC for projects in Vietnam.
  4. Assisting employers in preparing legal documentation for tender processes and in selecting suitable contractors.
  5. Supporting employers during the negotiation of construction contracts with contractors, including specific terms and conditions, contractual agreements, guarantees, and other related arrangements.
  6. Assisting employers in construction contract management, including the management of progress, delays, interim payments, final payment, defect, warranty obligations, and related matters.
  7. Supporting employers in the resolution of construction contract disputes with main contractors and related third parties, such as subcontractors, suppliers, and others.
  8. Assisting employers in ensuring compliance with applicable legal requirements relating to environmental protection, occupational health and safety, and similar matters throughout the construction process.

Highlight Deals(*)

  • Providing legal opinions to a Chinese energy conglomerate on Vietnamese law aspects relating to the performance of an EPC Contract for the Duyen Hai II Coal-Fired Power Plant Project with a capacity of 2x600MW in Tra Vinh Province, with a total contract value of up to USD 1.9 billion;
  • Advising a leading developer on the construction contract for a 6-star mixed-use complex project in Nha Trang with contractor Hyundai E&C, with a total contract value of USD 250 million;
  • Advising a local construction company on a subcontract with Hyundai E&C with a total contract value of up to USD 230 million;
  • Advising a leading Japanese construction conglomerate on construction contract forms used in Vietnam;
  • Advising a major domestic construction company on a FIDIC-based construction contract for the construction of a solar power plant in Central Vietnam;
  • Advising a Korean developer on a FIDIC construction contract with contractor Posco E&C for a high-end mixed-use apartment project in Da Nang with a contract value of USD 18 million;
  • Advising a Korean developer on the standard-form contract for the sale and purchase of residential units in a high-end mixed-use apartment project in Da Nang;
  • Advising a Taiwanese enterprise on a construction contract with a Vietnamese contractor for the construction of the Sunluxe Vietnam Factory with a total contract value of USD 4 million;
  • Advising a project management board on design contracts with foreign design entities; and
  • Advising a subsidiary of a U.S. petrochemical conglomerate on an EPC Contract with a contractor in relation to the High-Pressure Cleaning Project in Dong Nai Province.
(*) Some of these cases that the lawyers at Ngo & Partners have advised on or represented at the law firms and corporates where they previously worked.

NGO & PARTNERS LLC

Address: Suite 903, Diamond Plaza, 34 Le Duan, Saigon Ward, Ho Chi Minh City, Vietnam
Business Office: Villa No. 28, Street No. 53B, Cat Lai Ward, Ho Chi Minh City, Vietnam
Phone: (+84) 28 6292 5555
Hotline: (+84) 97 999 7008
Email: info@ngo-partners.com
Website: www.ngo-partners.com