SCOPE OF SERVICE

Energy and projects are two distinct but overlapping areas of law. When combined, they focus on the development, construction and financing of major natural resource (oil/gas, mining), power and infrastructure projects. The construction of pipelines, refineries, mines, power plants and petrochemical plants is a massive business, with high stakes and massive dollar values. Emerging economies are frequently the most hungry for infrastructural improvements, meaning a lawyer's work increasingly takes on an international flavor.

In addition, the projects component of an energy practice consists of both transactional and regulatory work. There is a clear demarcation between transactional and regulatory work, and lawyers usually specialize in one of the two. Non-energy projects are all about infrastructure. Typical examples might be road, airports, rail, shipping, telecoms and, most glamorously, sewage and water systems. The work would also include the construction of major multi-investor public buildings such as jails and stadiums.

Since 2007, ATIM has been involved in number of mega infrastructure development projects such as Can Tho bridge, Ben Thanh Suoi Tien Metro line No.2, Ha Dong Cat Linh Urban Railway and then expanding to the energy sector mainly in midstream and downstream such as Dung Quat refinery, Quang Ninh Thermal Power Plant etc. Our clients inclusive of government, state owned companies, foreign invested enterprises, contractor and supplier.

Our services cover the following matters:

  • Project development and regulatory works
  • Transactional work (M&A, sale and purchase, construction contracts, finance)
  • Operation and procurement compliance
  • Taxes and labor issues
  • Crisis management and dispute settlement

Our experience covers the following kind of projects:

  • Energy, Oil and Gas
  • Wind Power Project;
  • Solar Power Project;
  • Hydro-Power Plant Project;
  • Thermal-Power Plant Project;
  • Bio-Fuel Ethanol Plant Project;
  • Refinery.
  • Real Estate Project
  • Housing project;
  • Office building project;
  • Hospitality project.
  • Infrastructure and Transportation Project
  • Road projects;
  • Urban Railway projects.

NOTABLE ENGAGEMENT

  • Advised a client operating a Refinery in Vietnam on issues in relation to legal compliance in its daily operation such as investments, biddings, contracts, dispute settlement, internal rules and processes - (National Important Project), (2016, 2017, 2018).
  • Advised a Vietnamese investor in reviewing and negotiation of the EPC contract, contracts/agreements in relation to raw material supply, distribution and sale, facility and utility services, financial arrangement of an Ethanol Plant Project in Binh Phuoc – (Group-B Project) (2009 - 2010)
  • Advised a Ministry in auditing and amendment of BOT/BT contracts of 53 road transportation projects allocated from the North to the South of Vietnam - (Group-A, Group-B, Group-C projects) (2015).
  • Advised a Singaporean invested company in development of a 450-hectare new urban project in Ho Chi Minh City (investment, corporate, compensation, site clearance, construction procedures, real estate business, finance) (2008 - 2017).
  • Advised a Railway Projects Management Unit in reviewing and amendment of the EPC/Turnkey Contract (FIDIC Silver Book) of an Urban Railway Line in Hanoi, Vietnam - (National Important Project) (2016).
  • Advised a State Owned Corporation who is the investor of a Hydropower Project in Cambodia in reviewing, negotiating and signing series of agreements related to a financial arrangement - (Group-A Project) (2015).
  • Advised a Railway Project Management Unit in drafting, reviewing, finalizing, negotiating and signing the Implementation Consultancy Agreement (FIDIC White book) of a Metro Line in Ho chi minh City, Vietnam - (National Important Project) (2011-2012).
  • Advised a state-owned company who is the investor of a Bio-Fuel Ethanol Plant in reviewing, identifying, managing, making and dealing with claims arising from the EPC Contract - (Group-B Project), (2016, 2017, 2018).
  • Advised a Vietnamese company producing electronic devices in reviewing and negotiation with the Purchaser in a contract for design, manufacturing, supply and service of system for a Thermal Power Plant Project in Soc Trang - (National Important Project) (2017).
  • Advised a state-owned company who is the investor of a Thermal Power Plant in Quang Ninh in reviewing, identifying, managing, making and dealing with claims arising from EPC Contract - (Group-A Project) (2017).
  • Advised a Vietnamese company in acquiring into a road upgrade project in Tra Vinh and Vinh Long, Vietnam (2017).
  • Advised a Vietnamese company in reviewing and negotiating a sale and purchase agreement on transferring 100% shares in a company who is the investor of a road construction project in Can Tho, Vietnam (2017).
  • Reviewed and advised a Vietnamese company in drafting and negotiating sale and purchase agreement to transfer 100% shares in a company that owns a real estate project located at Phu Quoc (2017).
  • Advised a Railway Projects Management Unit in termination of the Contract for Engineering Consultancy Services of an Urban Railway Construction Project in Hanoi, Vietnam - (National Important Project) (2016).
  • Advised a Vietnamese company who is the investor of a Hydropower Project in Cambodia in reviewing, negotiating and signing series of agreements related to a financial arrangement - (Group-A Project) (2015).
  • Advised a Vietnamese company in investment cooperation and transfer of a trade-center in Can Tho (2012).
  • Advised Malaysian investors in investment into a complex project in Ba Ria – Vung Tau (2011).
  • Advised a Vietnamese company in transfer of an apartment project in Ho Chi Minh city (2010).