Chung, Phan Quang
Ha Noi University of Law, LLB Judicial Academy, Lawyer
Phu Tho Bar Association
Main deals that Lawyer Phan Quang Chung has implemented, include: Arbitration & ADR Advising on all industrial real estate lease transactions of industrial park projects, with arbitration as a method of dispute resolution. Advising and mediating a dispute related to transition procedures arising from the acquisition of all contributed capital worth US $15.2 million in total of co-owners of an industrial real estate project where the buyer is a Vietnam-based enterprise operating in multiple industries. Advising and acting as a representative in the arbitration of a dispute related to the payment of a construction contract worth US $10.5 million between a foreign contractor operating in Vietnam and a Vietnamese foreign-invested enterprise. Litigation & dispute resolution Advising a Vietnamese leather shoes manufacturer in the anti-dumping lawsuit initiated by the European Commission against the Vietnamese leather and footwear industry. Advising a Vietnam-based shipbuilding enterprise on a dispute worth US $80.6 million with a Dutch partner over a shipbuilding contract. Advising a Vietnam-based energy enterprise in the case where it fell into arrears of land rent worth US $1.1 million for the land area it rented for project implementation. Advising a Vietnam-based infrastructure construction enterprise in a dispute worth US $7.3 million over the payment to a joint venture contractor. Advising on the management of a Vietnamese company in a case of suspected securities manipulation. Legal advisor in an internal dispute related to control and management of a business among groups of shareholders of a company on VNR500 list. Representing a group of investors in a criminal case involving criminal offenses in securities activities. Representing foreign customers in the arrest of seagoing vessels passing through Vietnam’s territorial waters to enforce a foreign arbitral award. M&A Advising on the acquisition worth US $16.4 million of additional shares issued by a non-public joint stock company by buying shares issued by private placement. Advising on the acquisition of the entire contributed capital of a group of enterprises with an ownership in order to gain control over the enterprise, thereby indirectly possessing land use rights and mineral exploitation rights, of which the value is US $32 million. Advising on the acquisition of equity of an equitized State-owned enterprise, thereby indirectly possessing land use rights, of which the value is US $21.6 million. Advising on the acquisition of an industrial real estate project under an investment project transfer plan with agreements on refinancing of commercial banks for such project, of which the value is US $250 million. Advising on the acquisition of shares of a shipbuilding enterprise with an agreement on debt restructuring and refinancing for the enterprise’s operations, of which the value is US $116 million. Advising a foreign corporation in buying shares of a listed company in Vietnam operating in real estate business with a total transaction value of more than US $ 75 million. Corporate & private equity Give counsel on development of an industrial park project with the total investment of more than US $500 million borrowed from a domestic bank under a business cooperation contract. Advising a group of investors in the acquisition of a group of mining projects for building materials with a total transaction value of more than US $32 million borrowed from a domestic bank. Advising an enterprise on the sale of investment assets on leased land with annual payment of more than US $27 million on transaction structure, tax and procedures for payment and transfer of assets. Advising a foreign investor on investment and licensing procedures for a textile and dyeing project worth more than US $50 million. Advising an investor in an over-20-MW hydropower plant on legal procedures related to land lease, land rent and issuance of Land Use Right Certificate. Advising on infrastructure investment projects with total investment of more than US $ 965 million implemented in Bac Giang province of by a company on VNR500 list. Consulting to restructure four enterprises of a corporation in Vietnam operating in light industry. Participating in debt restructuring in a opening bankruptcy procedures of a Vietnamese enterprise with the Bank and creditors and helping businesses to restore production activities, initially profitable. Capital markets Advising a public joint stock company on two share offerings to increase its charter capital by US $5.2 million, including share offering to existing shareholders and share offering under Employee Stock Ownership Plan (ESOP). Advising on private placement of bonds for an enterprise in a group of companies operating in multiple industries with total value of US $38 million. Advising a real estate enterprise on the private placement of bonds for project development, the total value of which is US $26 million. Advising on private placement of shares to increase charter capital for a company operating in real estate business on VNR500 list with transaction value of more than US $ 20 million. Advising on public offering of shares to convert a state-owned company into a joint stock company. Advising on the swap of a bank’s debt for US $ 100 million debt of two companies of a corporation in Vietnam. Banking and finance Advising a Vietnamese enterprise on procedure for bank refinance of an industrial real estate project on the basis of acquisition of owner’s capital, worth US $120 million. Advising a group of investors on the procedure for raising finance to redeem the contributed capital of an enterprise operating in the field of mechanical engineering and shipbuilding. The loan value is US $32.5 million. Advising a group of investors in a project to redeem shares of a bank from a group of its shareholders under BCC worth US $21.6 million. Advising an enterprise on a US $5.1 million insurance claim related to property loss. Advising a heavy industry company on VNR500 list of US $ 300 million syndicated loan arranged by a foreign bank with a branch operating in Vietnam. Advising a provincial hospital in investment transactions to build facilities and purchase equipment for US $ 200 million on the basis of a loan transaction of a bank in Vietnam. Projects, energy and infrastructure Advising on a BT contract to build a market in exchange for the right to develop an urban residential area in a northern province. Providing legal advice to the owner of a BOT traffic project during the project planning phase and advice to the project enterprise during the negotiation with a foreign contractor participating in a BOT project. Advising on loan arrangement for a construction contractor of a BOT traffic project lent by a Vietnam-based foreign bank branch. Advising on capital transfer of an enterprise investing in a BOT traffic project during the project execution phase. Providing project consultancy for an over-12MW hydropower project in a northern province and a 20MW hydropower project in the Central region. Advising a foreign-invested economic organization on the contract worth US $12.4 million to purchase shares offered in private placement of a joint stock company operating in the field of energy. Advising on a component project on construction of clean water supply and wastewater treatment systems in a project on investment in industrial park infrastructure. Advising on a project for mining minerals for building materials and a project on exploitation of mineral water. Advising on the industrial zone infrastructure investment project implemented in a northern province with a total investment of more than US $ 500 million, including investment agreement consulting, capital arrangement and administrative procedures – licenses. Consulting hydroelectric projects for over US $ 50 million in a northern province, including investment advisory activities, EPC contract consultancy, consulting project loan contracts. Advising solar plants project for over US $ 1 billion in a southern central provinces, including consultancy activities such as consulting BCC, EPC for solar plants. Real estate Advising on a 450ha industrial park project, a 27ha industrial cluster project and a 42ha industrial cluster project funded with private capital. Advising on the acquisition of equity from the owner of an industrial cluster project with an agreement to refinance the project by a domestic commercial bank. Construction Advising a construction contractor on the procedures for selecting project contractors, negotiating and signing public investment project contracts mainly related to transport infrastructure, irrigation, public infrastructure funded by public investment capital. Advising a construction contractor on a joint venture contract, EPC contract, EP contract, EC contract, PC contract and construction contract, subcontracts, a supply and equipment contract of component projects during the entire execution of an investment project to build warehouse and port for loading and unloading goods. Advising the project owner of a hydropower project during the negotiation of the design contract, the construction contract, and the equipment supply, installation and maintenance contract.
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