Cao Dang Duy, a qualified lawyer of the Hanoi Bar Association, is a Partner based in Rajah & Tann LCT Lawyers’ Hanoi office, practising in both contentious and non-contentious matters.
Duy possesses multidisciplinary experience, and is able to assist clients in both contentious and non-contentious matters.
For non-contentious matters, Duy specialises in foreign investment, where he has assisted in facilitating and closing multiple M&A transactions across major industries. He is also regarded by clients for his responsiveness and expertise in particularly greenfield investments, and he has been behind the setup of a large number of companies in Vietnam.
For contentious matters, Duy is able to tap into his experience in corporate advisory, labour, intellectual property, banking and finance, and M&A to assist and advise clients on a broad range of disputes. Together with Rajah & Tann LCT Lawyers’ top-tier Dispute Resolution practice group, Duy has been involved in the successful resolution and settlement of commercial disputes in Vietnamese courts of all levels.
EXPERIENCE
Mergers & Acquisitions
- Advised a multi-national corporation manufacturing magnets in merger filing in Vietnam.
- Advised a Japanese corporation operating in sewing machine industry on merger notification for its offshore transaction.
- Advised TCL China Optoelectronics Technology on merger notification in connection with its offshore deal.
- Advised Adisseo France S.A.S operating in feed additives industry in merger filing in Vietnam.
- Advised a Vietnamese insurer in its US$95+ million divestment to a German investor, including conducting due diligence and preparation of transaction documentation.
- Advised a leading Chinese cement manufacturer in its US$250+ million takeover of one of Vietnam’s largest cement companies.
- Assisted Fairfax Financial Holdings in its acquisition of a 35% stake in BIDV Insurance Corporation.
- Advised a foreign joint venture party on its buyout of a Vietnamese investor’s equity in a major hotel in Hanoi, thereby creating a wholly foreign-owned company.
- Advised a foreign investor on its acquisition of a 70% stake in a Vietnamese company operating in the field of animal feeds.
- Advised a foreign investor in its acquisition of a Vietnamese hydropower company.
- Advised PT Maven Karsa Sarana in the legal due diligence exercise and negotiations of the transaction documents for a number of potential acquisitions of solar power plants.
- Assisted Mizuho ASEAN Investment GP in conducting legal due diligence exercise for an acquisition of a confectionery company.
- Assisted RBC Water Sdn Bhd to carry out a legal due diligence investigation in connection with the proposed acquisition by RBC in a Vietnamese company operating in the field of clean water business.
- Advised Sea Limited to carry out a legal due diligence investment in connection with proposed acquisition of a Vietnam company operating in the field of software business and preparation of transaction documents.
- Assisted Tongwei Holding to carry out a legal due diligence exercise over its subsidiaries in Vietnam.
Investment & Corporate Advisory
- Advised a Singaporean company in the setup of a joint venture distribution company.
- Advised ST Aerospace Systems in the joint venture operating in the field of aircraft component maintenance and repair.
- Advised MiCare Sdn Bhd in the joint venture with a State-owned enterprise operating in the field of consultancy services.
- Advised Janakuasa Pte Ltd in the investment and operation matters of its subsidiary in Vietnam in the field of wind power energy.
- Advised a Hong Kong company in the setup of a joint venture logistics company, and subsequent conversion into a wholly foreign-owned company.
- Advised a Singaporean company in its setup of a logistics company.
- Advised a Hong Kong investor on expanding its trading investment project in Vietnam.
- Advised a Singaporean company on the closure of a branch and dissolution of its subsidiary in Vietnam.
- Advised a foreign entity on setup of its representative office in Vietnam.
- Advised a Singaporean hospitality company on its buyout of a Vietnamese investor’s equity in a restaurant chain in Vietnam.
- Advised a European cement company on onshore competition law issues, including merger notifications, on its global merger with another cement company.
- Advised a numerous Singapore companies on Vietnamese competition law, including legal trainings to employees.
- Advised a number of foreign franchisors on their franchising activities into Vietnam.
- Advised an English company on a recall of its defective projects in Vietnam.
- Advised a number of foreign entities on the registration of their trademarks at the National Office of Intellectual Property of Vietnam.
- Advised a number of Vietnamese companies on applying for work permits for its expats.
- Advised a local and international clientele on various matters, including commercial and corporate compliance, labour, tax and insurance matters.
Banking & Finance
- Advised a Japanese company on a short-term offshore loan of US$15 million with a Vietnamese company.
- Advised a Cayman Islands company on the restructure of a long-term offshore loan of US$10 million with a Vietnamese company with an Island corporation.
- Advised a Hong Kong company in the restructure of a long-term offshore loan of US$6 million with a Vietnamese company with a Hong Kong corporation, as well as cross-border security arrangements.
- Advised a Taiwanese investor as lender in a US$15 million project financing for a BT project in Quang Ninh Province.
- Advised a Vietnamese financial institution on its VND 575 billion loan with EVN for the financing of a power plant in Vietnam.
- Advised PetroVietnam Drilling in a US$17+ million project financing for the development of a drilling plant.
- Advised a Malaysian company on financing matters with lenders for implementing the Duyen Hai 2 BOT Project including the offshore facility agreement and security arrangements.
- Assisted a number of borrowers in registration of their offshore loans with the State Bank of Vietnam funding for their power projects in Vietnam.
Dispute Resolution
- Assisted a Japanese company in a dispute in connection with the constructin contract with the project owner.
- Assisted a Singapore-invested company in Vietnam in a tax claim against the tax authority’s decision.
- Assisted a foreign-invested company in Vietnam in a dispute in connection with the implementation of the MOU on the lease of the land for development of an industrial sub-zone.
- Assisted a Japanese company in a dispute in connection with its transfer agreements with a Vietnamese party.
- Assisted a Singaporean real estate developer on multiple tenancy disputes.
- Advised a Japanese company in a dispute in connection with domain name squatting by a Vietnamese individual.
- Advised a Singaporean bank in its dispute with a local trading company regarding payments via a documentary letter of credit.
- Advised a Singaporean company in its dispute with a Vietnamese trading company regarding a sales dispute.
- Advised multiple foreign-invested companies in Vietnam on their debt claims including the debt claims from construction contract and commercial contracts.
- Advised a group of Japanese entities in the investigation for applying safeguard measures and anti-circumvention measures initiated by the Ministry of Industry and Trade at the request of the domestic steel companies.
MEMBERSHIPS
- Member, Hanoi Bar Association
- Mediator, the Vietnam International Commercial Mediation Center (VICMC)
PUBLICATIONS
- “M&A transactions – Legal notes on competition”, Saigon Economy (Ho Chi Minh City, Vietnam, Dec 2014 (published in Vietnamese).
- “Risks in dual nationality”, Saigon Economy (Ho Chi Minh City, Vietnam, 31 July 2016 (published in Vietnamese).
- Vietnam publishes draft transfer pricing law to combat tax avoidance, MNE Tax (23 November 2016) (published in English).
