Mr. Tran Gia The

Managing Partner 

Tel: +84 24 3751 1888
Fax: +84 24 3754 3888
Email: thetg@atslegal.vn
Linkedin: Tran Gia The

Mr. Tran Gia The

Mr. Tran Gia The has over 15-year experience working at Director level in prestigious law and accounting firms such as VILAF-Hong Duc, Kelvin Chia Partnership, KPMG Vietnam and Ernst & Young Vietnam.

He has involved in the areas of corporate governance and restructuring, taxation, banking and finance, international trade, foreign investment, project transfer; negotiation, execution of  international trade contracts, loan agreements, franchising agreements, technology transfer contracts, Intellectual Property license agreements. On behalf of his clients, he has presented and protected their benefit in several lawsuit cases with foreign capital at Vietnamese Court and Arbitration litigation, awards enforcement processes in Vietnam.

EXPERTISE

▶  Investment and Project Management

▶  Merge and Acquisition (M&A), Project Transfer

▶  Taxation, Finance and Banking

▶  Enterprise risk management

▶  Business Restructuring

▶  Commercial, Construction, Property and Land Contracts

▶  Court and Arbitration Litigation

▶  Language: English, Vietnamese

QUALIFICATIONS AND MEMBERSHIP

▶  Part-time lecturer at Judicial Academy (consultancy skills, enterprise administration, contract)

▶  Bachelor of Laws  – Vietnam National University

▶  Certified Attorney at Laws by Judicial Academy

▶  Member of Hanoi Bar (Vietnam Bar Federation)

▶  Certified Intellectual Property agent of National Office of Intellectual Property (NOIP)

▶ Certificate of Asset Management Officer issued by Ministry of Justice (Vietnam)

CREDENTIALS

Investment:  Consulting on establishment of investment project, issuance of investment policy, amendment of Investment Certificate, investment incentives for foreign companies such as Biomin Vietnam Ltd., Fujitsu Vietnam Ltd., Transcosmos Vietnam Ltd., Insmart Vietnam Ltd., Bioseed Vietnam Ltd., Bintai Kindenko Vietnam Ltd., Jonest Chonest Japan LLC, Toneco Ltd, Yamaha Motor Vietnam.

Bidding: Providing the procurement checking services for many projects of an NGO; Providing legal report on the eligibility of joint venture bidder during the negotiation of bid package sponsored by Asian Development Bank (ADB) (over than USD 6 million).

▶  Finance, taxation: Consulting on tax incentives, tax ruling and other tax matters related to business operation of many domestic and international companies such as Japanese invested-capital company, Indian invested-capital company, satellite companies of Samsung Group, LG Group, Julie Sandlau Vietnam; Advising on tax matters related to the wind power plant projects to Indian companies.

▶  Contracts: Drafting, reviewing, negotiating loan contracts and other collateral contracts related to loans for many projects of BIDV, Vietcombank such as BT project of renovation and construction of sewage systems and reciprocal project on construction of urban area in Hanoi, project on construction of new urban area in Hoang Mai dist., Hanoi, project on construction of housing complex in Cau Giay dist., Hanoi, BT project of Ky Dong Street and 02 reciprocal projects, Vinpearl Villas & Resort 2; Consulting, reviewing and checking the legality of many standard contracts for business operation of CCB – HCMC; Amending the codes of branches of one subsidiary company of MB Bank; Consulting Eximbank India on extension of facility agreement, mortgage agreement, standby letter of credit in Vietnamese laws.

M&A: Consulting on capital transfer of Daewoo Hotel Vietnam Joint Venture Company; merging transactions; assisting for Nguyen Kim Electronic and Trade JSC in offering its shares to foreign investors; advising on the purchase of an existing factory by Trung Nguyen Coffee; assisting Constrexim Holdings (CTX) and Bac Son Investment JSC. during the negotiation on office building and trade center transfer contracts.

Litigation: Representing clients to settle disputes related to labour, commercial, civil, construction, taxation matters at the competent courts/arbitrations including Netherlands invested-capital company (tax decisions); Japanese invested-capital company (dealership agreement); Indonesia invested-capital company (lease contracts); securities company (BCC contrac); Vietnam Football Federation, an NGO, Vietnamese pharmacy company (labour contracts); a subsidiary of SunGroup (deposit contract); Acting for Crown Beverage JVC in contract disputes resolution; Acting for Hong Ha Investment JSC and Golden Bridges Vietnam Securities Company in the settlement of bad debts at Vietcombank, Techcombank, VPBank and BIDV for a period of 2012 – 2014; assisting Daewoo Hanel for recovering the debts at Court.