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Hanoi 2023.Mar.11 Public-Private Partnership (PPP): Contract and dispute resolutions

  • Hanoi 2023.Mar.11 Public-Private Partnership (PPP): Contract and dispute resolutions
  • Events

In June 2021 the National Assembly of Vietnam, passed a Law on Public-Private Partnership (PPP Law). The PPP Law establishes a legal framework for PPP projects. After that, the Government issued Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership, and Decree No. 28/2021/ND-CP dated March 26, 2021 of the Government providing the financial management mechanism applicable to investment projects in the form of public-private partnership.

Looking back at the investment practice in the form of public-private partnership (PPP) in the past time, besides the achievements, the number of implemented projects and fields is still not really commensurate with the potential. capabilities of this method. Therefore, SCLVN cooperates with Foreign Trade University to organize a seminar on Investment in Public Private Partnership (PPP): Contracts and Dispute Resolution with 2 targets:

  • Provide information to Investors on general requirements on contracts and terms of dispute settlement between parties in investment projects under the method of public-private partnership issued under Decree 35/2021/ND-CP , as well as some specific provisions in the form of BOT contract in transport projects issued under Circular 22/2022/TT-BGTVT
  • Sharing lessons learned from international experts on disputes between investors and government agencies in some countries (Spain, Thailand), and recommendations on contract negotiation between Contracting Authority and the Investors.

8:00 - 8:30

Register

8:30 - 8:40

Opening Speeches of Faculty of Law (FTU) and SCLVN

8:40 - 10:10

Part 1 - Lessons learned from Disputes between Investor and Government Agencies

8:40 - 9:00 Walter Bau v Kingdom of Thailand
Markus Burgstaller
Public International Law Partner at Hogan Lovells
9:00 - 9:30 Recommendations for negotation the Contract with Investors
Vu Thi Chau Quynh
Deputy Director General, Department of Legislation, Ministry of Planning Investment (Vietnam)
Markus Burgstaller
Public International Law Partner at Hogan Lovells
9:30 - 10:10 Freif Eurowind v. The Kingdom of Spain
Rafael Gil Nievas
Eversheds Sutherland

10:10 - 10:30

Break

10:30-12:00

Contract for PPP projects in Vietnam

10:30- 11:30 Requirements for PPP Contracts in Vientam and obstacles in creating PPP contract template
Vu Quynh Le
Deputy Director of Public Procurement Agency, Ministry of Planning and Investment of Vietnam
Le Bach Cuong
Head of Legal and Procurement Department, Transport Construction Investment Management Authority, Ministry of Transportation
11:30 - 12:00 Q & A and closing
Register

Venue: Room A901, Foreign Trade University (FTU), 91 Chua Lang, Lang Thuong, Dong Da, Hanoi, Vietnam (https://goo.gl/maps/kQFu9yUExZCXRr3Z6)

Date: Saturday, 11 March 2023, 8:30am – 12:00pm

Fees:

  • Standard tickets: 300.000 VND
  • SCLVN Member: 200.000 VND
  • FTU alumni: 200.000 VND
  • Online guest: 200.000 VND
  • FTU students: free

Register: https://bit.ly/han2303ppp

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Markus advise clients on public international law and EU law and act for both investors and states in international arbitrations, mainly under investment treaties, under ICSID and UNCITRAL rules.

He acted for Vietnam in three separate UNCITRAL arbitrations under a Bilateral Investment Treaty and  the investment chapter of a Bilateral Trade Agreement.

He is also nominated to the ICSID Panel of Arbitrators.

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Vu Thi Chau Quynh (Ms.), Deputy Director General, Department of Legislation, Ministry of Planning Investment (Vietnam).

Since 2005, she has been participating in negotiations and implementation of bilateral investment treaties and investment chapters/agreements in Free Trade Agreements as well as formulating strategies and policies in this regard.

She is responsible for training negotiators ofVietnam’s international investment treaties. She chaired the Investment Negotiation in Regional Comprehensive Economic Partnership (RCEP) Agreement (ASEAN plus Australia, New Zealand, China, India, Korea, Japan) in 2012-2013

She acted as government lawyer in investor-state disputes in which Viet Nam is the respondent and provided legal opinion on the interest of the government of Viet Nam in investment projects, such as investment in the energy sector, or large scale projects which require Governments’ guarantees and undertakings (GGU).

She also participates in drafting laws on business and investment.

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Markus advise clients on public international law and EU law and act for both investors and states in international arbitrations, mainly under investment treaties, under ICSID and UNCITRAL rules.

He acted for Vietnam in three separate UNCITRAL arbitrations under a Bilateral Investment Treaty and  the investment chapter of a Bilateral Trade Agreement.

He is also nominated to the ICSID Panel of Arbitrators.

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Mr.Rafael Gil Nievas is an attorney, a Professor of Law and part of the Eversheds Sutherland’s international arbitration group.

Previously he has represented clients in more than 50 investment arbitrations. He has been General Counsel of big energy multinationals, negotiator of the modernization of the Energy Charter treaty, and he has negotiated relevant EU legislation (as the Lisbon Treaty, Rome I and II, Corporate Law, IP and Financial EU Directives). He is civil and common law trained attorney, admitted as an attorney in Madrid and Bar certified in NY.

During period from 2019 to 2022, He was in charge of over more than 50 Arbitration cases as Deputy Head of Arbitration of the Spanish Government. Amongs of the main achivements he was lead counsel in the CSP Equity vs Spain case (1.5 billion for the total victory for Spain) and in the Green Power vs Spain case (first time ever where the intra-EU objection was upheld).
International Arbitration and Litigation

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Ms. VU QUYNH LE, Deputy Director-General, Public Procurement Agency, Ministry of Planning and Investment

Ms. Quynh Le is the Deputy Director-General of the Public Procurement Agency of the Ministry of Planning and Investment. In addition to her expertise among Vietnamese experts on public-private partnership investment (PPP) and auction to select investors, she has also contributed to the research and drafting of several laws and decrees on bidding and PPPs. She is always eager to learn from international experts, investors, and businesses on the legal regulations in Vietnam on PPP projects.

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Mr. Le Bach Cuong is the Head of Legal – Bidding Department, Construction Investment Management Department, Ministry of Transport, in charge of the legal field and bidding for investment projects to build transport infrastructure of the company. The transportation. He graduated from Hanoi University of Civil Engineering and holds a Master’s degree in Construction Investment Project Management from Northumbria University, UK. He has participated in the management of a number of investment projects in the form of BOT contracts and took the main role in developing the Circular guiding the method of bid evaluation and the investor selection contract form according to the criteria. public-private partnership in the transport sector.

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