Mr. Do Trong Hai

Managing Partner

Hanoi and Hochiminh Offices

Tel: (+84 24) 35148355

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Mr. Hai is managing partner in charge of overall operation of the firm. Mr. Hai is principal founder of Bizlink and has long been widely recognized as one of the top lawyers in Vietnam. Mr. Hai represented an amazing number of foreign and multinational corporations and local big corporations in a broad spectrum of areas of practice. With almost 20 years of his legal and consultancy practice, he has proactively advised for hundreds of investment projects, hundreds of typical business transactions and representing hundreds of clients being foreign investors, multi-national corporations, credit institutions, local corporations investing and/or doing business in/with Vietnam. He is also widely known as one of the best practitioners representing the clients in the arbitration and courts in Vietnam and other jurisdictions. He is also exceptionally experienced in advising dozen landmark legal transactions/works in Vietnam, including aircraft financing transactions and procurement of 1st communication satellite of Vietnam, BOT, PPP, etc.

Education

LLB, Hanoi Law University, Major in Economic Laws

LLM, UC Berkeley, School of Law, USA

BA, Hanoi Foreign Language University, Major in English

BA, Hanoi National Economics University, Major in Banking and Finance

Membership

Hanoi Bar Association

Vietnam Lawyers Association

Awards

Mr. Do Trong Hai has been identified by Practical Law Company (Global Counsel 3000) as Highly Recommended Dispute Resolution practitioner in Vietnam since 2003.

Mr. Do Trong Hai was awarded by Singapore Business Association in Vietnam (SBAV) for his valuable knowledge provided to SBAV members on legal advices and business consultancy for their business in Vietnam.

Mr. Hai is awarded as Leading Lawyer of the Year 2009 rated by Vietnam Legal Newspaper sponsored by Ministry of Justice of Vietnam

Mr. Hai was granted by the Ministry of Justice of Vietnam with Certificate of Merit in recognition of his active contributions to the professional practice

For many years, Mr. Hai has been rated as a leading lawyer in Vietnam by international publications, e.g. Asialaw, Legal 500, Chambers & Partners, Practical Law Company (PLC), IFLR, etc., in real estate & construction, dispute resolution, corporate & commercial, M & A, finance and banking, etc.

Professional activities

Mr. Hai was co-author of a number of books: Arbitration in Asia, 2004 in collaboration with Norton Rose; The International Comparative Legal Guide to: Litigation & Dispute Resolution 2010 and Securitization 2011 - published by Global Legal Group (GLG); The Dispute Resolution Review 2013 published by Law Business Research Limited.

Expertise/Typical works

Foreign and Local Investments; Corporate & Commercial; Banking and Finance; Real Estates and Construction; Dispute Resolution; M&A; Aviation and Telecommunication; Infrastructure and Power; Legal Research and Study.

Foreign and Local Investment. Mr. Hai has advised a large number of local and foreign investors in hundred of investment projects in various localities throughout Vietnam in different investment areas and industries. His involvement as senior lawyer and consultant in this area covers any and all stages from pre to post-license period of a business and/or an investment project, including but not limited to advising and screening cooperation partners, working out cooperation and corporate structures between relevant parties and business entity, advising clients on strategic development plans in Vietnam.

Corporate and Commercial. Not separate from investment consultancy practice, Mr. Hai as team leader in significant deals has advised clients (being domestic and foreign businesses) in numerous commercial (both inbound and cross-border) transactions, in diversified commercial areas, such as lease, purchase, procurement, construction, joint venture, business cooperation contract, etc. With regard to corporate issues, in the role of team leader, his expertise include advices and documentation on constitutional and corporate documents, corporate structure, corporate governance, organization and operation of business entities, etc.

Banking and Finance. Mr. Hai has advised series of local and cross-border banking and finance transactions relating to project finance, asset finance, finance lease, refinancing for capital restructure purpose, etc., His list of clients in this area are impressive, including four biggest Vietnamese State commercial banks, joint stock commercial banks and foreign lenders, credit institutions, etc. Among those transactions, he has advised export credit agencies and lenders (US EXIMBANK, CITI BANK; ECA, ABN AMRO) as local counsel in the first aircraft finance leases in respect of 4 Boeing and 4 Airbus aircrafts to Vietnam Airlines. He advised first local co-financing transaction (funded by four biggest Vietnamese State commercial banks) for 2 Airbus aircraft purchases by Vietnam Airlines. He has also advised foreign banks in facility transactions to two Vietnamese banks in respect of US$150 million facility of each for purpose of capital source restructure of the Vietnamese banks.

Real Estates and Construction. Involving since the beginning of real estate market of Vietnam so far, Mr. Hai has extensive and profound experiences of advising in this field in Vietnam by effectively combining deep knowledge on legal perspectives and practical approaches and solution in realization of real estates projects in Vietnam. List of projects including series of residential, office building, hotel and resorts projects with clients being Ciputra Group (in Ciputra Hanoi Project of more than 300 ha and a five star hotel project in Hanoi), Posco E&C (in North An Khanh New Urban Project of more than 250 ha), Rafaeli Group (in resorts and commercial and infrastructure projects), VinaCapital (in hotel projects), Sunway Group (in hotel and other projects), Deawoo E&C (in hotel and office building projects), TPC Nghi Tam Village Ltd. (in five star hotel project), EEM Group (of France, in a chain of 5 hotels and resorts projects), Fortuna Hanoi JVC (hotel project); Hanoi Club Limited (club and entertainment project), Hasegawa Co. Ltd (two office building and serviced apartment projects in Hanoi and Hochiminh), Vigeba (in new urban project of 100 ha), etc.

Dispute Resolution. Mr. Hai is an excellent example of combination between expertise and experience of a typical legal counsel and litigation barrister. With great focus on this area, he has successfully assisted in resolution of lots of most complicated and significant disputes in the country in different fields such as construction, commerce, distributorship, joint venture, business cooperation, labor, IPR, etc. Not only a wise negotiator, he is also greatly competent in representing clients in resolution of disputes before the courts and arbitrations in Vietnam and also assisted clients in settlement of disputes in foreign settlement bodies.

Mergers and Acquisitions. Very familiar with M&A, Mr. Hai has deeply and actively involved in various M&A transactions in Vietnam including the capital assignment between joint venture parties of foreign invested companies and share acquisitions in Vietnamese companies. The M&A works involved include due diligence works, advice and documentation, handling regulatory procedures for completion of M&A transaction. List of which includes dozens of transactions for major clients from Japan, Sweden, Switzerland, France, Singapore, Malaysia, Hong Kong, Korea, etc.

Aviation and Telecommunication. For over a decade, as team leader/coordinator of legal teams, Mr. Hai has up-to-date advised lessors/lenders/credit agencies in majority of aviation transactions relating to aircrafts leased/finance leased to Vietnam Airlines, Pacific Airlines (now as JetStar), Laos Airlines in terms of Vietnamese legal perspectives. He also acted as legal counsel and coordinator in negotiation for procurement of the first satellite of Vietnam (two phases in 2003 and 2006) and advice, documentation of insurance for the launch and operation of the satellite in orbit. Mr. Hai assisted clients in setting up, driving business cooperation, joint venture in telecom area and also liquidation of the business cooperation in this field.

Infrastructure and Power. Mr. Hai has advised clients being enterprises and fund management companies in a number of infrastructure and power projects, including the biggest BOT project of new express highway from Hanoi to Hai Phong with investment capital of over US$1.5 billion, a hydro power plant with investment capital of over US$60 million, toll fee projects and telecom facilities networks, etc.

Legal Research and Study. Mr. Hai involved as co-ordinator of the legal team in the project funded by UNDP undertaken in 2001-2002 on strengthening legal capacity phase II VIE98-001 - Ministry of Justice/UNDP - Sub-contract: “Assess facts, research, analyze, make suggestion for amending prevailing legal system for effectively implementing the BTA”. He participated as co-ordinator in a research project named “Access to Justice in Vietnam” funded by UNDP in 2003. He has also participated as team leader/coordinator in a number of O.D.A projects/programs relating to Vietnamese legal perspectives, such as Report on legal framework on infrastructure, land, and construction serving for a JBIC’s funded program on master planning for infrastructure of Hanoi city; Strengthening Labor Management Capacity for Effective Implementation of the Labor Code; Report on legal framework relating to economic reform process in Vietnam in the project funded international donors.