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2018 Outlook PPPs in Vietnam Infrastructure (Lexcomm Vietnam LLC)

MPI Presentation on PPPs

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Event Description 

Our guest speakers will discuss the prospects, reality, and challenges of public-private partnerships (PPP) in the development, construction, financing and acquisition of large-scale, long-term multibillion-dollar energy and infrastructure projects in Vietnam.

The presentation will examine fundamental project finance/bankability issues under the prevailing Vietnam PPP legal regime, including project structuring, mechanics of private sector bids, risk allocation and management between sponsors and an authorised State body (ASB), payment structures and viability gap funding (VGF), termination payments, land mortgage and onshore security package, lenders’ step-in rights and direct agreements, limited sponsor support, loan syndication and funding documentation, scope of the Ministry of Justice (MOJ) legal opinion, investment protection and tiered dispute resolution, and legal and practical issues associated with enforcement of Government guarantees (GGU) in Vietnam.

It will also look at key changes in law in respect of the Government’s newly issued Decree 63/2018/ND-CP which comes into effect on 19 June 2018. Latest policy developments on the drafting and proposed roadmap for the promulgation of a new PPP law by the Vietnam National Assembly will also be analysed.

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Costs

AmCham Members: VND 650,000 | Non-members: VND 800,000

Reservations/cancellations must be received by 24 hours before the event, and must be made on-line, by email, or by fax. We are unable to accept reservations/cancellations by telephone.

Speakers

Pham Ba Linh
Managing Partner, Lexcomm Vietnam LLC
Head of Finance, Projects, Energy and Infrastructure
LLB (Hanoi), LLM (Nottingham, England), FSIArb

Pham Ba Linh is a seasoned and technically skilled transactional lawyer with more than 19 years of legal practice, focusing primarily on energy and natural resources, projects and infrastructure, public-private partnerships (PPP), project finance, leveraged and acquisition finance, debt and equity capital markets, derivatives and structured products.

Ba Linh has particular expertise in public private partnerships for the successful delivery of major economic and social infrastructure projects in civil and common law jurisdictions both from project development and project finance perspectives, having previously worked in Hanoi, Ho Chi Minh City and Melbourne. He has acted for international banks, joint lead arrangers, multilateral lending agencies, export credit agencies, sponsors, infrastructure and energy funds, private equity firms, institutional investors and major works contractors.

Ba Linh wins praise from high-profile international clients, industry experts and numerous leading and independent international authoritative guides to law firms in Vietnam in 2018 for his technical legal excellence and outstanding commercial expertise. He is recognised in Asialaw Leading Lawyers 2018 edition as a Leading lawyer for Projects & Infrastructure, and Asialaw 2018 highly rates that ‘Lexcomm’s energy and natural resources practice is widely recognised for one of the most experienced groups of energy lawyers and specialists’ in Vietnam.

The 2018 Legal 500 Asia Pacific results have commended Ba Linh as being ‘enthusiastic, client-focused and knowledgeable in Vietnamese legal issues’ who ‘advises international oil companies on block developments and farm-ins regarding oil and gas blocks, and also serves as local counsel for developers of gigawatt-plus coal fired power stations’ and ‘work in the transport space includes Linh advising a contractor on the Ho Chi Minh City Metro Line 1 project’.

Ba Linh is admitted to practice in Vietnam as a qualified lawyer of the Hanoi Bar Association. He is a member of the Oil and Gas Law, Power Law and International Construction Projects Law Committees of the International Bar Association (IBA) and the Association of International Petroleum Negotiators (AIPN) sitting on its Vietnam Steering Committee.

Vu Quynh Le
Deputy Director General, Public Procurement Agency
Ministry of Planning and Investment of Vietnam

Vu Quynh Le is a Deputy Director General of Public Procurement Agency under the Ministry of Planning and Investment of Vietnam (MPI), and is responsible for the development of PPP legislative framework in Vietnam. She has extensive experience in traditional public procurement and PPP procurement.

Since 2009, under the then newly approved regulations on a pilot PPP scheme, Ms. Quynh Le has been instrumental in researching and drafting suitable PPP regulations for Vietnam. The PPP Decree and its revisions/upgrades (including a proposed PPP Law) are designed to facilitate Vietnam’s readiness to achieve continuous improvement in soliciting private sector investors equity participation in Vietnam infrastructure development, and Ms. Quynh Le commits to act dynamically for such legal developments.

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