Nguyen Viet Ha - Lexcomm Vietnam LLC

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Nguyen Viet Ha

Partner, Hanoi

LLB (Vietnam), LLM (Japan)Tel: +84 24 3971 0888Fax: +84 24 3971 0999Email: [email protected]

Practices

Industries

Nguyen Viet Ha is a Founding Partner and Co-Head of Corporate and M&A and Head of Telecoms, Media and Technology (TMT) of Lexcomm, based in Hanoi with more than 30 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.

Ha is long ranked by leading legal directories, including: • Recommended Lawyer for Corporate and M&A and Dispute Resolution (Arbitration) by Legal 500 Asia Pacific 2023 - 2025, Recommended Lawyer for Projects and Energy by Legal 500 Asia Pacific 2019 - 2025; • Leading Partner for TMT by Legal 500 Asia Pacific 2023 - 2025; • Band 1 lawyer for Telecoms, Media and Technology (TMT) by Chambers Asia Pacific 2021 and 2025; • Leading Lawyer - Highly Regarded for banking by IFLR1000 Asia Pacific 2019 - 2025 and Leading Lawyer - Highly Regarded for M&A by IFLR1000 Asia Pacific 2024/25; • Distinguished Practitioner for Corporate and M&A by the Asialaw Leading Lawyers 2020 - 2024; • Litigation Star by Benchmark Litigation Asia Pacific 2023 - 2024.

Ha was awarded "Lawyer of the Year - Vietnam" in Benchmark Litigation Asia-Pacific Awards 2022.

Professional background

Ha graduated in 1994 with a Bachelor of Law degree in Commercial Law from Hanoi Law University and Bachelor of Science degree in information and communications from Hanoi Technology University (1998).

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

Hanoi Bar Association

Vietnam Bar Federation

New York State Bar Association (NYSBA)

AmCham Vietnam Energy Committee

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

Hanoi office

Ho Chi Minh City office

Units 2105-07, Level 21, Saigon Trade Center 37 Ton Duc Thang Street Sai Gon Ward, Ho Chi Minh City, Vietnam Tel: +84 28 3936 5018 Email: [email protected]

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