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Nguyen Viet Ha

Nguyen Viet Ha

Partner

LLB (Vietnam), LLM (Japan)
Tel:  +84 24 3971 0888
Fax: +84 24 3971 0999
Email: ha.nguyen@lexcommvn.com

Practices

  • Energy and natural resources
  • Real estate and construction
  • Corporate and M&A
  • Telecoms, media and technology
  • Dispute resolution
  • Industries

  • Energy and mining
  • Construction and major projects
  • Real estate
  • Industrial and manufacturing
  • Retail and distribution
  • Nguyen Viet Ha is a founding partner of Lexcomm and the Head of Mergers and Acquisitions, Real Estate and Construction, Technology, Media and Telecoms, and Intellectual Property practice with more than 24 years of legal practice.

    In 1994, Ha commenced his legal career, joining Freehills in their Hanoi Branch, as one of the first Vietnamese lawyers in a foreign law firm in Vietnam.

    Ha has been actively practicing in the IT, media and telecoms sector for 20 years. In his role as in-house counsel with Vietnam Post and Telecommunications Group (VNPT), he appeared as lead counsel in charge of many large scale foreign investment projects (including business cooperation contracts with Telstra, France Telecom, NTT, Korea Telecom, Comvik and Vinasat 1) in Vietnam’s telecom sector from 1994 to 2005.

    Ha was also the head counsel for Vietnamobile, a brand of Hutchison Telecom International in Vietnam, providing mobile phone services in Vietnam. 

    Professional background

    Ha is admitted to practice in Vietnam as a qualified lawyer of the Hanoi Bar Association and a member of the Vietnam Bar Federation. He is also a member of the New York State Bar Association.

    Following his successful participation in a nationwide legal competition in 2002, Ha was awarded a full scholarship to read a Master of Laws (LLM) at the School of Law, Niigata University (Japan). During the years 2002-2005, Ha focused mainly on E-commerce and M&A in the IT, media and telecoms sector.

    Memberships

    New York State Bar Association

    AmCham Energy Committee

    The British Business Group Vietnam (BBGV)

    The EuroCham Legal Sector Committee

    Hanoi Bar Association

    Vietnam Bar Federation 

    Major Projects and Clients

    Viet Ha has advised on a broad variety of major transactions, including:

    • advising an international mobile operator to obtain a facility base operation service to deploy a network in Vietnam with a total investment capital in excess of US$1 billion
    • advising a US satellite broadcasting firm in relation to the long-term lease of the transponders on Vinasat-2
    • advising a British telecommunications company on Vietnamese law with respect to terms of privacy, data processing and data retention
    • advising in the equitisation and acquisition and merge of mobile telephone operators in Vietnam
    • advising various international telecoms carriers in provide cross border telecom and IT services (VPN, IP, MVNO etc.) into Vietnam and regions
    • advising a satellite communications company in relation to requirements for a landing license with respect to the provision of broadband media
    • advising EVN Telecoms on its restructuring and merging with Viettel
    • advising on acquisition of the biggest pay TV network of Vietnam Television the dominant Pay TV operator in Vietnam
    • advising a foreign telecommunications operator in relation to the liquidation of its Business Cooperation Contract (BCC) with the Vietnam Posts and Telecommunications Group (VNPT), including in relation to the provision of insurance upon termination, as well as related indemnity provisions
    • acting for an international investment fund on the restructuring of its telecom investments in Vietnam and the ASEAN region
    • advising TPG on its investment in a subsidiary entity of Masan Group, one of Vietnam’s largest privately-owned corporate groups, by way of convertible bonds
    • acting for VTV Cab to issue corporate bonds to foreign investors
    • acting for REE in issuance of the corporate bonds to foreign invetsors
    • acting for Song Da Corporation in the establishment of investment projects and financing arrangement in the North of Vietnam, including Son La Hydroelectric Plant in Son La Province (total investment capital US$2.6 billion)
    • acting for the developers of Vinh Son Song Hinh hydro power project
    • advising a large manufacturer in relation to a major trademark dispute in which a former distributor in Vietnam succeeded in registering a number of marks imitating those of our client’s, which were not yet registered in Vietnam
    • advising and assisting a multinational retail and corporate group on two separate acquisitions in the supermarket/convenience store/minimart market in Vietnam
    • acting as legal advisor for a large steel manufacturer and its affiliates and co-investors in relation to the proposed acquisition of shares of a Vietnam listed joint stock corporation
    • acting for Japanese clients in relation to various acquisitions in the beverage, food and pharmaceutical industries in Vietnam