Ngo Minh HungSenior Associate

    Ngo Minh Hung

    Senior Associate
    Ho Chi Minh City

    Expertise

    Construction

    Corporate and M&A

    Dispute Resolution

    Energy & Infrastructure

    Healthcare & Pharmaceutical

    Litigation

    Hung is a member of the YKVN’s litigation & arbitration, and healthcare & pharmaceutical practices. In 2014, Hung joined to Singapore International Arbitration Centre (SIAC), where he has learned precious experience regarding international arbitration practice, as an intern for 2 months.

    At YKVN, Hung is specialized in construction disputes, international trade disputes, banking & financial disputes, corporate disputes, healthcare & pharmaceutical, construction, corporate and M&A, renewable energy, debts recovery and white-collar crimes. In these fields, he has represented multi-national corporations as well as Vietnamese corporations. Some of Hung’s corporate clients include HSBC, SMBC, P&G, Mekong Capital, Creador, Monsanto, AstraZeneca, Pfizer, Sanofi, Bayer, Merck, Servier, AbbVie, Ferring, Ascott, Capitaland, Keppel Land, Indochina Kajima, Hill International, BUNGE, Pharma Group (EuroCham), Clermont Holdings, Dream Incubator, Taisei, China Huadian Engineering (CHEC), Dow Chemical (Rohm & Hass), Crown Melbourne, GlobalOne, Halla Construction, Hanwha, Hanjin Shipping, Smilegate, Chungdahm, Hyosung, Hamatomo Shoji, edotco, Vietinbank, Techcombank, ABBank, Masan, VNPT, PVEP, BSR, CT Group, THACO, VN Steel, Thanh Thanh Cong Group, Bitexco, Son Kim Land, PNJ, VSH, IPC, Saigon Tel, KID, HKV, DWS Star Bridge, ERA, PMC, SHTP, Sunluxe and Capital Securities.

    Other than dispute resolution and healthcare & pharmaceutical, Hung also advises on construction contracts, renewable energy, corporate, M&A transaction and education.

    Education

    Hanoi Law University, LL.B. (2005)

    Bar Membership

    Vietnam Bar Federation

    Ho Chi Minh City Bar Association

    Construction and Alternative Energy

    • Advised China Huadian Engineering Company on Vietnamese law respectives regarding to the implementation of the EPC Contract on Project of Duyen Hai II 2x600W Coal-Fired Power Plant in Tra Vinh with total value of the contract is 1.9 billion USD;
    • Advised Taisei Corporation on the reviewing the construction contract templates which will be used in Vietnam;
    • Advised Hanwha to acquire 50% of the solar power project company with capacity of 250MW in the central highland of Vietnam;
    • Advised a local contractor in the FIDIC construction contract to build the solar power plant in the Central of Vietnam;
    • Advised KID in the FIDIC construction contract with Posco E&C in the luxury mix-used project in Da Nang with total value of the contract is 18 million USD;
    • Advised KID on the Template Contract of Sale and Purchase of Houses for its luxury mix-used project in Da Nang;
    • Advised Sunluxe (Taiwan) in the construction contract with Vietnamese contractor in the Sunluxe Vietnam’s Factory with total value of the contract is 4 million USD;
    • Advised local project management unit (PMU) in the design agreement with foreign designer; and
    • Advised Dow Chemical (Rohm & Hass) on the EPC Contract with contractor with respect to the Dow Dong Nai High Pressure Cleaning Project.

    Corporate and M&A

    • Advised Japanese investor to invest in the Casino project in Ho Chi Minh City and Phu Quoc Island, Vietnam with total investment capital of the project up to billions USD;
    • Acted as a lead Vietnamese counsel for a subsidiary of Clermont Holdings in Vietnam to acquire 100% Vietnamese no-life and health assurance company;
    • Advised Hong Kong investor to acquire a Casino company in the North of Vietnam with total purchased price and increasing the project capital of the project up to billions USD;
    • Advised Indochina Kajima to acquire the majority shares in the project company having the hotel and apartments project located in Westlake of Ha Noi with total value of deal is 10 million USD;
    • Advised Indochina Kajima to acquire the majority shares in the project company having the hotel and resort project located in Phu Yen with total value of deal is 16 million USD;
    • Advised Smilegate Holdings on the potential acquisition deal on the landmark building project located in the CBD of Ho Chi Minh City with total value of deal is multi-hundred million USD;
    • Advised and preparing transaction documents to Halla Construction Corporation in selling its share in the large complex buildings project in Da Nang with total value of deal is multi-million USD;
    • Advised Creador on strategic memorandum regarding legal framework and business models for retail chain in Vietnam;
    • Advised Capitaland on the joint venture project with local developer to develop the mix-used project in Binh Thanh District with total investment capital of 320 million USD;
    • Advised Keppel Land to transfer the school land to local development at the Riviera Cove Project;
    • Advised Keppel Land to transfer the school project in Nam Rach Chiec Project to international school company with total value of deal is 8.5 million USD;
    • Advised Hanjin Shipping in M&A deal with other affiliate company of its selling shares in the Tan Cang – Cai Mep International Terminal Company with total value deal is more than 20 million USD;
    • Advised Edotco to acquire the majority shares in the company in the BST telecom towers business;
    • Advised Dream Incubator (Vietnam) in M&A deal with the local medical equipment distributor;
    • Advised Sumitomo Mitsui Banking Corporation on the fiduciary duties of bank directors;
    • Advised Amanoi Resort, a luxury six-stars resort in Ninh Thuan in relation to new business activities at its premise;
    • Advised GlobalOne on launching new and innovative banking services in Vietnam;
    • Advised Crown Melbourne in multi-matters relating to casino activities in Vietnam;
    • Advised Chungdahm on the external auditing in respect of its investment in Vietnamese company;
    • Advised one of leading PET plastic bottle company in Vietnam of its selling shares with total value of deal is 7 million USD;
    • Advised one of leading seafood company in Vietnam of its selling shares with total value of deal is 5 million USD;
    • Advised the U.S. manufacturer in their purchasing the factory in the industry zone in Binh Duong with total value of deal is 4 million USD; and
    • Advised one of leading global management consulting firms on policies and laws of Vietnam in equitization and petroleum retail business.

    Dispute Resolution and Litigation

    • Advised 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 accepted to increase the initially approved investment capital capby more than 130 million USD;
    • Advised a local hydropower company in settling disputes with the Chinese contractors in E&C Contract in relation to Hydropower Plant in central highlands of Vietnam with total value of dispute is more than 250 million USD;
    • Advised founding/warrantor shareholders in the settling dispute with the global pharmaceutical corporation in the acquiring transaction in joint venture pharmaceutical company with total value of dispute is more than 60 million USD;
    • Represented Hill International to recover project management fees worth several million USD from employer of a large real estate and entertainment project with an investment capital of nearly 1 billion USD. The arbitral tribunal awarded Hill the demanded amount;
    • Advised ERA corporation, a subsidiary of one of largest private corporation in Vietnam, in the settling disputes with contractor and sub-contractor in construction contracts of the luxury condominium located in District 3 of Ho Chi Minh City. The disputes were successfully settled by the parties;
    • Advised Capitaland, 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 located in District 2 of Ho Chi Minh City;
    • Represented Vietinbank in the dispute between Vietnamese lender with foreign invested developer at the luxury condominium project located in District 1 of Ho Chi Minh City with total value of dispute is nearly 16 million USD;
    • Advised Son Kim Land in the settling dispute with local contractor in construction contract of the luxury condominium located in District 2 of Ho Chi Minh City;
    • Represented KID, foreign-invested company, in multi-disputes with its contractor and shareholder in the development of luxury condominium complex located in Da Nang City;
    • Advised HKV foreign-invested company, in settling dispute with the contractor relating to delay damages in FIDIC construction contract of the condominium project located in District 9 of Ho Chi Minh City;
    • Advised IPC, a large state-onwed company, in settling dispute with local developer in the land transferring agreement with total value of dispute is more than 4,5 million USD;
    • Represented IPC, a large state-onwed company, in settling dispute with the contractor in the head office construction contract with total value of dispute is more than 1 million USD;
    • Represented Truong Hai Auto Corporation (THACO) in settling shareholders dispute arising from its subsidiary company in Da Nang;
    • Advised subsidiaries of PVEP, a subsidiary of Petro Vietnam, in settling the dispute arising from the condominium project located in Ha Noi;
    • Represented DWS Star Bridge, a Korean fund, in settling dispute with HDTC, a state company in a guarantee agreement with the total value of dispute is more than 13 million USD at Ho Chi Minh City’s Court;
    • Represented Mekong Capital in settling dispute with Digiworld in convertible loan agreement with the total value of dispute is more than 6.3 million USD. All claims of Mekong Capital have been accepted by the competent court;
    • Presented Saigon Tel and KBC, subsidiaries of Tan Tao Group, in settling dispute with VTC in the shareholder agreement with the total value of dispute is more than 12 million USD;
    • Represented HSBC (Vietnam) in settling disputes with Vietnamese company in a credit contract at District Court in Hanoi. The dispute was successfully settled by the parties;
    • Advised Techcombank in settling disputes on credit agreements and guarantee letters with both subsidiary of Triyards Holdings Limited in Vietnam and Triyards Holdings Limited with the total value of disputes are nearly 14 million USD;
    • Advised ABBank in settling dispute on guarantee agreement Triyards Holdings Limited in Vietnam with the total value of dispute is nearly 20 million USD;
    • Advised subsidiary of BUNGE in Vietnam in settling the dispute with local shareholders in the joint venture company with the total value of dispute is more than 6 million USD;
    • Advised P&G (Vietnam) in the settling dispute with the Department of Industry and Trade of Ho Chi Minh City regarding Tide product’s promotion;
    • Represented shareholders of the five-stars resort in Hoi An, a foreign-invested company, in serials disputes with the total value of dispute is millions USD;
    • Advised PVEP, a subsidiary of Petro Vietnam, on Vietnamese legal perspective in implementing the dispute settlement agreement with foreign explorer;
    • Advised Binh Son Refining & Petrochemical, a subsidiary of Petro Vietnam, on the tax declaration dispute with other a subsidiary of Petro Vietnam;
    • Advised Bitexco in the dispute on the equipment purchasing agreement with Japanese company with the total value of dispute is more than 7 million USD;
    • Advised VN Steel on Vietnamese legal perspective in sale of goods agreement dispute with foreign supplier;
    • Represented a subsidiary of Monsanto (Singapore) in settling the multi-disputes with a local distributor. A part of counter-claims of the subsidiary has been awarded by the arbitral tribunal;
    • Represented a Vietnamese corporation in settling the disputes with commercial bank in guarantee agreement with the total value of dispute is more than 12 million USD. The dispute was successfully settled by the parties;
    • Represented a Vietnamese citizen in the house purchasing agreement dispute with the total value of dispute is more than 12 million USD;
    • Represented 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 level of courts;
    • Advised several large Vietnamese corporations relating to security offenses under new Criminal Code;
    • Represented the former Chairman of BOD of the state-owned bank cum Chairman of BOD of the securities company in the white-collar crime case;
    • Represented the former Deputy Chairman of the People’s Committee of Ho Chi Minh City in the white-collar crime cases;
    • Represented PNJ in the enormous criminal case of Dong A Bank;
    • Represented a credit official, in enormous fraud criminal case worth 4,000 billion VND (nearly 200 million USD) relating to banking operation in Vietnam, Ms. Huyen Nhu – Vietinbank; and
    • Advised Hyosung in the criminal and labour liabilities of its employees in Vietnam.

    Healthcare & Pharmaceutical

    • Advised Bayer (Vietnam) 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;
    • Advised Bayer (Vietnam) to amend the ERC, IRC, Trading License and obtain the Certificate of Eligibility for Pharmaceutical Business for pharmaceutical importing activities;
    • Advised Servier (Singapore) on strategic memorandum regarding legal framework and models for local manufacturing in Vietnam;
    • Advised Merck (Singapore) on the contractual frameworks with Import FIE and local distributors in Vietnam;
    • Advised Ferring (Singapore) to the chief of representative office issues in Vietnam;
    • Advised AbbVie BioPharmaceutical GmBH on the business model and engagement with Zuellig Vietnam and establishment of an Import FIE;
    • Advised Sanofi (Vietnam) on drug registration and Marketing Authorization issues, including:
    • Advised on the current/former regulations and on drug registration and stability study;
    • Advised on effectiveness of the Marketing Authorization on the manufacturing issues in Vietnam;
    • Advised on the obtaining the Certificate of Eligibility for Pharmaceutical Business for pharmaceutical importing activities;
    • Advised AstraZeneca (Singapore) from strategic for business models to distribution agreement with its distributor in Vietnam, including:

    – the master service agreements with local service providers;
    – the hiring of Medical Representatives and setting up the importing FIE under new regulations;
    – legal framework and business models for local importing and exporting in Vietnam;
    – Vietnamese law aspects on distribution agreement with DKSH Vietnam;
    – distribution agreement with DKSH Vietnam.

    • Advised Pfizer (Thailand) from strategic for business models to distribution agreement with its distributor and daily operational activities of its RO in Vietnam, including among others:

    – the Risks, and Mitigating Measures of the Import FIE business model;
    – the indochina activities of the Import FIE model;
    – strategic memorandum on legal framework and business models for local manufacturing in Vietnam;
    – the impact of the new wave of legislations on current and future business models of Pfizer in Vietnam;
    – the hiring of Medical Representatives under new regulations;
    – Medical Representative’s activities of Pfizer Thailand’s Representative Office in Vietnam and Power of Attorney issues in the tendering process in Vietnam;
    – authorization letter to the Chief of Pfizer Thailand’s Representative Office in the tendering process in Vietnam;
    – recognition and enforcement of arbitral award of the international arbitration and injunction relief decision of foreign court in Vietnam;
    – Authorization from Pfizer Offshores to employees of Pfizer Thailand’s Representative Office;
    – distribution agreement with DSKH Vietnam;
    – recruitment of KAM Lead position at its RO in Vietnam;
    – guarantee obligation with the HSBC in relation to Master Marketing Services Agreement with Zuellig Pharma Vietnam;
    – the contacting with pharmacists of MR;
    – the RO operation under new regulations;
    – early delivery drugs issue, waiver and other matters;

    • Advised Pharmaceutical Group, a Sector Committee under the European Chamber of Commerce in Vietnam (“EuroCham”), in various key legislation projects, including among others:

    – legal analysis and comments on draft of new Pharmaceutical Law, draft of the Tender Circular, draft of Domestic Drugs List Circular, etc.;
    – legal analysis on Foreign Investment Enterprise on pharmaceutical industry;
    – preparation and review of the FILM Proposal;
    – legal analysis and comments on Importing FIEs under new draft of Pharma Decree;
    – legal analysis and comments on merging the Off-patent Originator Drugs (OPO) to Gx1;
    – comments on Drugs Registration, Patients Affordability Programs, Clinical Trial Circular;
    – legal analysis on the status of Representative Office under new Decree on representative office;
    – the competitive aspects of the PGI Report, etc;
    – attendance in the meetings between Pharma Group and Ministry of Health of Vietnam; and

    • Advised Pharmaceutical Group in preparing the sector of pharmaceutical in the Whitebook of EuroCham, Counterfeit Medicines, Code of Ethics, Bylaws and other its daily operations.

    Rankings

    2020
    Future star | Dispute Resolution | Benchmark Litigation

    2019
    Future star | Dispute Resolution | Benchmark Litigation

    2018
    Future star | Dispute Resolution | Benchmark Litigation

    Comments 

    “A recognized name in the commercial disputes and construction practice”
    (Benchmark Litigation)

    • Should we pass PIT law while “the time is not ripe”? (The Ho Chi Minh City Legal Newspaper);
    • Complicity in embezzling property offense must be a person with positions and powers (The Judicial Journal);
    • Huynh Van Nam’s Case: Justice cannot have an “endpoint” (The Ho Chi Minh City Legal Newspaper);
    • Why do we have a few major and professional law firms? (The Saigon Times);
    • Monograph on lawyer’s skill in advising the construction contracts (Judicial Academy);
    • Newsletters on pharmaceutical industry published by YKVN; and
    • Commented on the drafts of the Civil Code, the Resolution on guiding the Law on Commercial Arbitration and the Order on guiding the procedures of the court, etc.
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