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Mr. Truong Trong Nghia , who is currently serving as Vice President of the newly established Vietnam Bar Federation and Vice President of the Bar Association of Ho Chi Minh City, is well-recognized as one of the most experienced litigators in Vietnam with over 25 years of litigation and arbitration experience. Mr. Nghia also advises domestic and foreign companies in corporate, banking and M&A matters.
Mr. Nghia has been involved in complex litigation including cases on behalf of
ExxonMobil, Quest International, American Coffee Corporation, P&G and Indochina Capital. Representative cases include:
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Representing successfully the Vietnamese subsidiary of a US multinational oil company before both the Economic Court of Ho Chi Minh City and the Supreme Court in connection with disputes arising from a long-term gas distribution contract (final judgment of the Supreme Court upholding the favorable lower court judgment);
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Representing a US importer of Vietnamese coffee before the Economic Court of Ho Chi Minh City in pursuing contractual remedies against a Vietnamese coffee company (probably first Vietnamese court ruling awarding damages to an offshore buyer);
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Representing an international university and a global trading corporation investing in Vietnam in successfully settling its labor disputes; and
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Representing a major foreign investment fund in an arbitration case involving a large claw-back from a share-subscription agreement with a listed local joint-stock company.
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Since 1982, when he started his legal career at the State Economic Arbitration (predecessor of the current Economic Court), Mr. Nghia has handled over 400 economic dispute cases and represented his clients in more than 100 criminal, civil and commercial cases.
Mr. Nghia’s corporate clients include major Vietnamese business enterprises and groups like VNPT, Vietnam Steel Corporation, BIDV, Saigon Petro, Resco, Satra, SaigonCoop, as well as foreign-invested and international entities such as, among others, EIB, P&G, Metro Cash & Carry, RMIT, Vina Capital, Indochina Capital and Pico. Corporate transactions Mr. Nghia has handled include:
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Advising a large local advertising company in its joint venture with a leading Japanese advertiser;
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Advising EIB in a significant financing for a multinational corporation in connection with the expansion of its activities in Vietnam; and
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Advising a foreign investment fund in a private equity deal in which the fund was buying a majority stake from a local company in the telecom sector.
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In addition to his professional and Bar Association activities, Mr. Nghia is also a civic leader in Ho Chi Minh City. Mr. Nghia won election in 1989 to the People’s Council of Ho Chi Minh City, a state body elected by popular vote which in turn elects and supervises the People’s Committee of Ho Chi Minh City, and was reelected in 2004 as one of 95 members of the Council. During his first term, he was Vice Chair of the Legal Commission. Mr. Nghia currently serves as Vice Chair of the Economics and Budget Commission of the Council in this ongoing term which will expire in 2011.
From 1996 to 2008, Mr. Nghia served as Deputy Director and subsequently as Director of the Investment and Trade Promotion Center (ITPC) under the People’s Committee of Ho Chi Minh City. In 2008, Mr. Nghia resigned from government service to pursue the full-time practice of law. During his tenure at ITPC, Mr. Nghia was a tireless advocate of the expansion of inbound and outbound trade and investment and, in pursuit of that objective, has authored noted articles on the legal reform, development and economic integration of Vietnam.
From 1998 to 2006, Mr. Nghia was a member of the Research Committee of the Prime Minister, an advisory body formed by the Prime Minister to provide policy input to the Government on major economic, financial and legal issues. During his tenure, Mr. Nghia participated in providing significant input to the Government on administrative reform, global integration and economic development in the context of globalized market places.
Mr. Nghia also participated in a number of projects on reforming the governmental and legal system of Vietnam. He was the key member of the project entitled “Corruption in Vietnam – Nature, Development and How to Fight Against It?” (1992 – 1993). He also participated in, among others, projects entitled “The Theoretical Concepts for a New Economic Law as a Legal Framework for the Market Economy in Vietnam” (1997), “Reform the Relations between the Central Government and the Local Governments of the Biggest Cities in Vietnam” (1997 – 1998), “Reforming and Downsizing of the Government Bodies of Ho Chi Minh City” (1996 – 1997).
In 1994, Mr. Nghia was one of the first Vietnamese chosen by the Fulbright program to pursue an LLM at New York University. Following completion of the degree, Mr. Nghia participated in the International Lawyers Program of Sidley Austin Brown & Wood and Paul Weiss Rifkind & Garrison in New York City (1995–1996).
Education
Karl Marx University, Germany, LL.B., 1981
New York University School of Law, LL.M.C.J. 1995
Bar, Social or Governmental Organizations
Member of the Board of People’s Solicitors in 1987 and later of Ho Chi Minh City Bar since 1996, Vice President of the Bar since December 2008
Vice President of Vietnam Bar Federation since May 2009
Member of the Executive Committee of the Ho Chi Minh City Lawyers’ Association (four consecutive terms since 1988)
Councilor, Vice Head of Legal Commission of People’s Council of Ho Chi Minh City ( Term IV, 1989 – 1994)
Councilor, Vice Head of Economics and Budget Commission of People’s Council of Ho Chi Minh City (Term VII, 2004 – 2009, extended to 2011)
Vice-Chairman of the Vietnam-US Friendship Association of Ho Chi Minh City
Publications, Speeches and Other Experience
Authored the book Economic Arbitration in Vietnam, 1988
The thesis entitled Rule of Law in Vietnam – Theory and Practice, 2001
A large number of articles on various legal matters in Vietnam, including US-Vietnam Bilateral Trade Agreement issues and Vietnam’s accession to the WTO.
Visiting Lecturer on business law and international trade law at the Ho Chi Minh City University of Law and University of Economics.
Email: nghia.truong@ykvn-law.com
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