Project and Energy

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 Thermopower Plant etc. Our clients inclusive of government, state owned companies, foreign invested enterprises, contractor and supplier.

Our service covers the following matters:

  • Project development and regulatory works (EPC, Turn key, PPP etc.)
  • Transactional work (M&A, contracts)
  • Operation compliance and Procurement
  • Tax and labor issues
  • Crisis management and Dispute settlement
Remark Project

Legal advice on EPC contract between the Investor and EPC General Contractor for the design, procurement, and construction of two biofuel plants (2009-2010 and 2016 - 2017)

Advising on the negotiation, signing, and implementation of FIDIC (Metro White Line) 2-TON, Ho Chi Minh City, Ben Thanh - Tham Luong (2011 to this)

Legal advice on reviewing over 60 PPP (BOT, BT) contracts.

Consulting on signing mortgage contract and repayment agreement for EVNI to invest in hydropower project in Cambodia (2015)

Consulting and reviewing EPC contract for Hanoi Urban Railway Project, Cat Linh - Ha Dong (2016)

Legal consultancy on the order and procedures for implementing the project from the signing of the partnership agreement until the signing of the project contract, assignment of rights and obligations, construction, operation, and transfer. Delivery of PTSC M & C (2016)

Legal consultancy related to the technical consultancy service contract between the Ministry of Transport and the Japanese contractors - Yen Vien - Ngoc Hoi urban railway project (2016 - 2017)

Legal review of the EPC contract for a thermal power project in Quang Ninh (2017)

Consulting the transfer of rights and obligations in some investment projects, upgrading road improvements in the form of BOT (2017)

Deputy Prime Minister and Head of the Steering Committee on Public-Private Partnership (PPP) Investment Trinh Dinh Dung has recently assigned the Ministry of Planning and Investment (MPI) to collect opinions of ministries, sectors, localities and members of the Steering Committee on draft revisions to Government Decrees 15 and 30 of 2015, before finalizing and sending them to the Ministry of Justice for appraisal and submission to the Government in August.