VINH (RICHARD)

Vinh (Richard) is a Founder and Managing Partner of Asia Legal.

Prior to setting up and running Asia Legal, Vinh is former Head of M&A and Foreign Investment Department of a long-established law firm specializing in legal and advisory services and dispute resolution in Vietnam, with offices in both Vietnam and Singapore.

Vinh also spent several years working for a well-known business law firm, headquartered in Ho Chi Minh City, in a role of Head of Hanoi Office, where he advised on foreign investment, corporate & commercial matters, cross-border mergers & acquisitions, corporate restructurings, property & construction and dispute resolution.

Before taking on the role of the Head of Hanoi Office of the above business law firm, Vinh served for several years as the Senior Manager and Assistant to a major local law firm based in Hanoi. There he managed, supervised and coordinated the legal team. In that role, he provided legal advice in the areas of international trade, cross-border mergers & acquisition, employment and labour, incorporation and foreign direct investment and dispute resolution. He also developed and refined the strategic direction and implementation of legal consultancy services.

Vinh is an Accredited Mediator of Center for Effective Dispute Resolution (UK), and Vietnam International Commercial Mediation Center, Associate of Chartered Institute of Arbitrators (UK), and Arbitrator of Shanghai Arbitration Commission (China) and Southern Trade Arbitrator Centre. He is also a Visiting Lecturer of Judicial Academy of Vietnam, a body established under the Ministry of Justice to provide professional training for judges, lawyers, bailiffs, notaries, and other officials in Vietnam. In addition, he is an active member of leading international associations for legal practitioners, including International Bar Association (IBA), Inter-Pacific Bar Association (IPBA), International Association of Young Lawyers (AIJA), and American Immigration Lawyers Association (AILA).

Vinh holds an LLM in International Trade and Economic Law from University of the West of England (UK).

EDUCATION

• LLM, International Trade and Economic Law, University of the West of England (Bristol, UK)
• Advanced Course on International Arbitration, International Academy for Arbitration Law (Paris, France)
• BA, University of Languages & International Studies (Vietnam National University)
• LLB, Hanoi Law University
• Lawyer Training, Vietnam Judicial Academy
• Certificate of Attendance, ICC Institute of World Business Law Program of the Institute for the Development of Arbitration Training by ICC International Court of Arbitration
• CIArb’s Introduction to ADR course, Chartered Institute of Arbitrators (UK)
• CEDR Accredited Mediator Skills Training, Center for Effective Dispute Resolution (UK)
• Certificate of Effective Presentation Skill, Art of Communication
• Certificate of Public Relations (Academy of Journalism and Communication)
• Certificate of Fiscal Policy and Public Finance Analysis, (National Project Management Unit, Committee for Financial & Budgetary Affairs of Vietnam National Assembly)

LANGUAGES

• English
• Vietnamese 

• Chartered Institute of Arbitrators (UK) | Associate
• Center for Effective Dispute Resolution (UK) | Accredited Mediator
• Vietnam International Commercial Mediation Center | Accredited Mediator
• Shanghai Arbitration Commission (China) | Arbitrator
• Southern Trade Arbitration Centre | Arbitrator
• Vietnam Judicial Academy (under Vietnam Ministry of Justice) | Visiting Lecturer
• Vietnam Business Lawyers Club | Member
• International Bar Association | Member
• The Inter-Pacific Bar Association | Member
• International Association of Young Lawyers | Member
• American Immigration Lawyers Association | International Associate

• Corporate & Commercial
• Merger & Acquisition
• Securities & Capital Markets
• Dispute Resolution
• Property & Construction
• Inward Investment
• International Trade

Vinh’s recent notable transactional works include:

• Advised and acted for one of the largest natural resource and renewable energy investors in Vietnam to transfer three hydropower plants in the North and one wind power project in the South of Vietnam to another large group.
• Acted as local counsel for OrbusNeich, a global market leader in the development and manufacture of PCI/PTA balloons, headquartered in Hong Kong, China to conduct legal diligence onto its distribution channel in Vietnam and worked with the client’s IPO advisers in Hong Kong (including Baker & McKenzie Hong Kong) to assist the client legal compliance matters in Vietnam for the purpose of listing on the stock exchange (OrbusNeich was successfully listed on the stock exchange of Hong Kong in late 2022).
• Advised and acted for one of the leading companies in the area of foundation engineering and underground construction in Vietnam to invest in industrial zone projects in Vietnam.
• Advised the deal structure, drafted and finalized the transaction documents, for a local group to invest in a large liquefied natural gas project in Vietnam.
• Advised and acted for Japan-based Toyo Group in a joint-venture with Dat Xanh Mien Bac, one of the leading real estate brands in Viet Nam specialized in investment, distribution & leasing service, furniture consultancy.
• Advised and acted for a Japan-owned company to acquire a local company mainly engaging in fast food production and distribution.
• Advised NEM Fashion, a leading and luxurious fashion group in Vietnam, to sell 70% of its shares to Stripe International, a Japan-based fashion group.
• Assisted one of the biggest telecommunication service providers in Vietnam to draft and finalize 17 contracts in construction areas, including consultancy contracts, construction contracts, EPC contracts, valuation contracts and security contracts.
• Conducted a comprehensive legal due diligence onto Dai Viet – Dung Quat Cement Project of Central Region Cement JSC, a subsidiary of Vietnam National Cement Industry Corporation to realize all potential legal risks of this Project and advised the client possible measures to minimize these risks.
• Advised and assisted one of the leading real estate investors in Vietnam to work with Accor Group; reviewed and acted on behalf of the client to negotiate terms/ provisions of various agreements for the biggest beach and golf resort project in Binh Dinh province, Vietnam, including hotel consultancy services agreement, hotel consultancy services agreement, hotel management agreement.
• Advised and assisted one of the leading real estate investors in Vietnam to work with Mövenpick Group; reviewed and acted on behalf of the client to negotiate terms/ provisions of various contracts for one of the biggest luxurious golf and resort projects in Quang Ninh province, Vietnam, including marketing & central services agreement, trademark license agreement, hotel management agreement, technical services agreement.
• Advised and acted for Lan Chi Group of Companies, the leading rural and suburban supermarket in northern Vietnam to sell its shares to Central Group Thailand.
• Advised and acted for PiCO, one of the five leading electronics retailers in Vietnam, to sell its shares to a large corporation.
• Advised a foreign-owned company to acquire a joint stock company owning a jetty in Quang Ninh.
• Advised a foreign-owned company to acquire mining right of two milestone mines with a total land area of approximately 20 ha in the North of Vietnam.
• Advised an USA–based company in foreign shareholding and transaction structure for effective control of a local company (Stage 1) and assisted in conducting proposed transaction (Stage 2).
• Advised and acted for an India-owned company to acquire a limestone mine with a total land area of 14.8ha in Quang Ninh province.
• Advised and acted as the legal counsel for a local corporation in Thanh Hoa Province to transfer an iron ore mine, located in two districts of Thanh Hoa province, with a total land area of 270ha, to one of the leading infrastructure corporations in Vietnam.
• Advised and acted for a foreign-owned company to acquire a white marble stone mine in Yen Bai Province.
• Acted as the legal team leader of the local law firm partner to advise all legal aspects for the lead advisor (McKinsey & Company) in Song Da Group Re-Structuring Project.
• Advised and acted for Vietnam Airlines in a share transfer transaction in Pacific Airline with Qantas Group (the largest airline of Australia).

Vinh’s recent notable litigation/alternative dispute resolution (ADR) works include: 

• Acted as a member of the Dispute Adjudication Board to resolve a dispute between one of the leading companies in the area of foundation engineering and underground construction in Vietnam and one of the largest independent renewable energy companies in the Asia Pacific region.
• Advised and successfully assisted a Japan-invested company to resolve a cross-border commercial dispute (sale and purchase of face masks and nitrile gloves) with a local partner in Vietnam.
• Advised and successfully assisted Hong Kong Kingson Company Limited, a China-based company to resolve a cross-border dispute with a local company in Vietnam at Provincial People’s Court and High People’s Court of Hanoi.
• Advised and successfully assisted a foreign company based in Italia to resolve a cross-border commercial dispute with its local partner in Vietnam at Vietnam International Arbitration Centre.
• Advised and successfully assisted a Hong Kong invested company to resolve a shareholder’s dispute.
• Advised and successfully assisted a local engineering company/ sub-contractor to resolve contractual dispute with the Korea-invested contractor.
• Advised and successfully resolved a cross-border commercial dispute between a Vietnamese client and its partner in Sultanate of Oman.
• Advised and successfully resolved an internal dispute among the owners/ members of a foreign-invested enterprise, based in Mong Duong, Quang Ninh, specializing in manufacture of nonferrous metals.
• Advised and successfully resolved an internal dispute among the shareholders of an IT company.
• Advised and successfully resolved a labor dispute between a Taiwan-invested corporation in Vietnam and hundreds of its employees who are selected to terminate the labor contracts.

1. E-contract under the laws of Vietnam: Legal validity and concern over its application in practice 
2. Determining the share value when converting loan into capital 
3. Increasing the charter capital under the laws of Vietnam – Part 2: Converting debt into capital
4. Increase the charter capital under the laws of Vietnam – Part 1: Issuing new shares
5. Circular 11/2021/TT-NHNN providing on classification of assets, levels and method of setting up risk provisions, and use of provisions against credit risks in banking activity
6. Circular No. 12/2021/TT-NHNN prescribing trading of promissory notes, treasury bills, deposit certificates and bonds
7. Is there a future for crypto in Vietnam?
8. Conditional business lines in Vietnam – What the foreign investors should be aware of?
9. 17 key labor procedures mandatory for employers from 1 January 2021
10. Forex trading under the laws of Vietnam
11. Legal risks for doing cryptocurrency business in Vietnam without license
12. Is use of cryptocurrencies as a payment method prohibited under Vietnamese laws?
13. Vietnam Legal Guide: Language in commercial contract with foreign partner
14. Condition precedents in M&A transactions in Vietnam
15. Vietnam Legal Guide: Writing contract value in VND, converted from USD
16. Representations and warranties in a contract