Nguyen Sy Hong

DEALS:

Major projects and clients. Hong has advised on a broad variety of major projects and clients, including:

          Telecommunication

• Advising SLD Telecom (Singapore), Saigon Postel Corp.(SPT) (Vietnam) and SK Telecom (South Korea) on the implementation, development of Business Cooperation Contract (“BCC”) for development and operation an US$300M invested S-Fone CDMA technology mobile network in territory of Vietnam. Hong is in-house lawyer at S-Telecom, a centre incorporated by joint ventured partners of the project. The project later in May 2007 proposed to increase investment capital to over US$543M and form a joint venture company in telecom industry.
   
• Advising on all legal aspects, legal assisting in negotiation, lease and development of networks of Base Transceiver Station (BTS) at national-wide coverage, network core connection negotiation with existing telecom services provider, marketing campaigns, procurement and contracts, licensing, government relations, dealers and distribution channels, import –export, general commercial matter, regulatory compliance. Hong advised and assisted top management of the BCC, stake holders and SPT Corp. on strategy issues and day-to-day business of the project. He acted and represented the BBC before authorities and business counter partners, including Ministry of  Post & Telecommunications,  Ministry of Planning and Investment, Ministry of Finance, VNPT, VMS MobiFone, Viettel, Vinaphone and other regional telecom companies.

​        Real estate (Update period 2016-2017)

• Legal advices, representation and negotiation, negotiations and legal documentation for a real estate development project with a total investment of approximately US$40 million in South Vietnam between a real estate development corporation and a listed company (among the largest public capitalised company) in Vietnamese stock exchange.
   
• Legal advices, representation and negotiation, negotiations and legal documentation for a real estate development project with a total investment of approximately US$50 million in South Vietnam between a real estate development corporation and a listed company (among the largest public capitalised company) in Vietnamese stock exchange.
   
• Legal advices on transaction structure, legal documents for a real estate development project with total investment of approximately US$140 million in North Vietnam.
   
• Strategic advice, legal advice, representation and negotiation of negotiations and legal documentation for a Hong Kong property developer with total investment of approximately US $4 million in Ho Chi Minh City between a foreign investor and Vietnamese partner.

• Advising Limama Corp. (Vietnam), an Engineering- Procurement-Construction contractor, on legal aspects related to procurement, machinery importation contracts to Tender Package 02 & 03 (equipment and erection) of national first Dung Quat oil refinery invested by Petro Vietnam Corp. Hong worked as an in-house legal counsel to teams of Lilama Corp. and Lilama Import-Export company, a  subsidiary of  the corp. The Tender Package 2&3 of Dung Quat refinery was budgeted US$230M.

• Advising Limama Corp. (Vietnam), an Engineering- Procurement-Construction (EPC) contractor, on legal aspects related to procurement, machinery importation contracts to US$300M EPC contract for main equipment and erection at Uong Bi extended project Phase 1, at capacity of 300MW thermo coal-fired power plant, invested by Electricity of Vietnam (EVN). Hong worked as an in-house legal counsel to teams of Lilama Corp. and Lilama Import-Export, a subsidiary of the corp.

• Working as legal counsel to KHM Inc. in Hanoi, Vietnam, in charge of legal matters for KHM Inc.’s infrastructure projects in Vietnam by providing legal advices and opinions to on-going project that the firm involved. KHM Inc. is a consulting company located in Washington D.C, USA. Specialized in development of international infrastructure projects in Vietnam, especially in energy projects. KHM, Inc. has involved in Phu My 2.2 BOT project invested by PetroVietnam (power plant is a 715 MW combined cycle power plant with two gas-fired turbines and an add-on steam turbine) as the Consultant of Ministry of Industry of Vietnam (MOI) for the negotiation and bidding works for Phu My 2.2 BOT Contract, also KHM., is organizer for the workshop "Aids Solutions for Vietnam's Electricity on Dec, 1995, Hanoi; organizer of Electricity development study program, Sep, 1996; assisting OXBOW International of USA in negotiation with Vietnam's Government for building works of Quang Ninh Thermal Power Plant in the North; consultant for MOI and EVN and ORMAT of USA in feasibility study for Geo-thermal program in Vietnam etc.,

• Hong participated as a legal counsel to negotiation of the bidder and Electricity of Vietnam (EVN) in relation to a package of World Bank/IDA funded project on the Advisory Assistance and Development of an implementation program for Power Sector Equalization in Vietnam (IDA Credit #3680).

     Audit-Tax-Advisory and Government Relations

• Hong is Group General Counsel to KPMG in Vietnam and Cambodia from 2005 and served the firm for over a decade. He later joined KPMG Legal Limited (Vietnam).
   
• He was in charge to provide constructive and timely legal advices and services enabling the firm and its team of over 900+ qualified professionals in Tax-Audit-Advisory services to achieve their business objectives in a lawful and ethical manner and without exposing them to inappropriate legal risks. The mission is also to aggressively protect and defend the firm and its professional's legal rights.
   
• He was also responsible for the firm’s legal compliance programs, legal services and public affairs (Government Relations). His responsibilities encompass a variety of tasks, all of which are geared towards managing healthily and effectively the in-house legal department in the best practices and standards; managing the firm’s risks, corporate governance and re-structuring, general commercial matter, regulatory compliance, licensing, litigation and external counsels; enhancing the quality of services, and supporting the works of professionals and Department of Professional Practice.
   
• The General Counsel in Vietnam is a part of global General Counsels/Offices of General Counsel of KPMG International’s member firms, operating in 156 countries world-wide.
   
• Hong was part of management team and managed, monitored working relationships with key central and local governmental authorities/agencies as well as laws and regulations impacting on firm’s business in Vietnam.

Transportation & Trading

• He had joined state-owned Hanoi Transportation Corp. (Hanoi Transerco) in the post of a General Counsel and led the Legal department here. This corporation has over 8,000 staff, approximately US$30M chartered capital and is parent to 12 subsidiaries and 04 joint-ventures (domestic and foreign investors).

• He had been providing legal advices and overseeing the legal matters to 12 subsidiaries and 04 joint-ventures (domestic and foreign investors) of Hanoi Transerco in relation to all legal aspects, including: trading, real estates, joint ventures, transportation, infrastructure, hotel and hospitality, parking projects development, land, labor, capital and loans, project financing, re-structuring and equitisation, corporate governance etc.,

Official Development Projects

• World Bank/IDA funded project on the Advisory Assistance and Development of an implementation program for Power Sector Equalization in Vietnam(IDA Credit #3680);

• World Bank/IDA/ ASEM grant for Consulting Service for Capacity Building of Vietnam Bank for Social Policies (“VBSP”) (Grant No. TF053398).

• Project VIE 98/003-Rural Infrastructure Construction in Tra Vinh Province (funded by UNCDF) - Services for monitoring and supervision of bidding/ contractors selection and construction monitoring and evaluation;

• Project VIE 98/C01 Rural Infrastructure Construction in Yen Bai Province (funded by UNCDF) - Services for monitoring and supervision of bidding/ contractors selection and construction monitoring and evaluation;

• Project VIE 97/ 003 on Capacity building to the effectiveness of implementation of Labor Code in Vietnam (funded by UNDP and ILO)/ National Executive agency: Ministry of Labor, Invalids and Social Affairs of Vietnam and others; and 

• Project VIE 98/027 - Poverty Reduction and Hunger Eradication Project in Ha Giang Province (funded by UNDP)/Credit Components/ Services for a Survey and evaluation, proposal of solutions for improvement on effectiveness of Credit facilities towards Poverty Reduction and Hunger Eradication tasks.

Dispute Resolution and Litigation

Hong has participated in the following cases:

• Legal advisor for a disputes of an EPC contract in a power plant project between a consortium of foreign contractor and the employer. EPC contract value is nearly US$01 billion.  
• Acting as an authorised representative of a 100% foreign-owned company in labour litigation with compensation value of approximately US $100,000 (One hundred thousand US Dollars) before Vietnamese Courts;
• Acting as a solicitor for a leading foreign-owned company producing cement in an economic litigation with the claim value of over US $5.000.000 (Five million US Dollars) before Vietnamese Courts;
• Acting as a solicitor for a leading foreign-owned company doing business in hotel in an economic litigation with the claim value of over US $4.000.000 (Four million US Dollars) before Vietnamese Courts;
• Currently acting as a solicitor for dispute resolution and will be a barrister of a Korean corporation related to an economic contract dispute before Vietnamese Courts with a claim value, a part of contract value, of nearly US $500,000 (Five hundred thousand US Dollars);
• Currently acting as a solicitor for dispute settlement and will be the representative lawyer of a Korean corporation related to an economic contracts dispute before the Singapore International Arbitration (the claim value is approximately US $2.500.000 (Two million and five hundred US Dollars)) and London International Arbitration (the claim value of over US $10.000.000 (Ten million US Dollars));
• Currently acting as a solicitor for dispute settlement and will be a barrister of a Vietnamese enterprise related to a construction contract dispute before Vietnamese Courts from first instance trial after cassation procedures, the claim value of over VND10.000.000.000 (Ten billion Vietnam Dong);
• Acting as a solicitor for debt settlement, dispute and negotiation, acting as a lawyer defending the legitimate rights and the interests of investors in a real estate project in the former Ha Tay province (now Hanoi, Vietnam).