Thanh Hai Nguyen is a special counsel based in Baker McKenzie's Hanoi office. He has been serving as Chair of the Legal Committee of the American Chamber of Commerce in Hanoi (AmCham Hanoi) since April 2017, as well as an active member in the Vietnam Business Forum (VBF)'s Power & Energy Working Group and Investment & Trade Working Group. He is an admitted lawyer in Vietnam and a member of the Hanoi Bar Association.
Thanh Hai's practice focuses on power, energy, infrastructure projects, and insurance business & financial services. He has extensive experience in advising on project development, licensing, construction, operation and related transactions. He is also active in a wide range of practice areas covering corporate, commercial, financial, licensing and regulatory compliance matters.
Representative Legal Matters
- Advised power developers on the development, licensing, construction and implementation of offshore wind power projects in Ben Tre, Tra Vinh and Binh Thuan Provinces of Vietnam; reviews and negotiations of wind PPA with EVN; rights-of-way for the wind projects; reviews and negotiations of wind turbine supply agreements; and service and maintenance agreements with international wind turbine suppliers.
- Advised a Canadian solar power developer on the development of one of the first wholly foreign-owned large-scale solar farm power projects in Ninh Thuan Province, the project's inclusion in the national power development plan, and negotiation of solar power purchase agreements and project contracts with EVN.
- Advised a Thai power company on its commercial & industrial rooftop solar power projects in Vietnam, direct private corporate power purchase agreement, and energy efficiency business in Vietnam.
- Advised a Singaporean power developer on the development of hydropower projects in Khanh Hoa Province, including power purchase agreements under an avoided cost tariff mechanism.
- Advised a Japanese electric power corporation on the legal due diligence and regulatory advices related to a 715 MW gas-fired power project, one of Vietnam's first BOT power projects funded 100% by foreign capital.
- Advised an Asian power developer in connection with a proposed acquisition to indirectly acquire certain stake in a 2 x 600MW coal-fired power plant in Vietnam.
- Advised a US-based international life insurer on the negotiation of a joint venture contract, distribution (bancassurance) agreement, and application for life insurance licenses for the establishment of its life insurance joint venture company in Vietnam, as well as on various follow-up matters during the operation of the local life insurer in Vietnam.
- Advised a US-based international general insurer on reviews and localizations of a number of international insurance policies under Vietnamese law, including: (i) directors and officers insurance policy; (ii) single project professional indemnity insurance policy; (iii) elite medical malpractice policy for medical establishments; (iv) ACE elite medical malpractice policy for individual practitioners; and (v) cyber enterprise risk management insurance policy.
- Advised a Canada-based international life insurer on a bid for negotiation of an exclusive bancassurance distribution transaction with a major local commercial bank in Vietnam.
- Advised a foreign-invested operating power plant owner on legal reviews and negotiations with insurers on the set of insurance policies for its operating power plant, covering civil engineering completed risks, property all risks, machinery breakdown, third party liability, and business interruptions.
Professional Associations and Memberships
- Legal Committee, American Chamber of Commerce in Hanoi, Vietnam (AmCham Hanoi) - Chair
- Power & Energy Working Group and Investment & Trade Working Group, Vietnam Business Forum (VBF) - Member
- Hanoi Bar Association (Vietnam) - Member
- Vietnam (2012)
- University of California, Davis School of Law (Orientation in USA Law Program) (2017)
- Foreign Trade University, Hanoi, Vietnam (Bachelor of Business English) (2011)
- Hanoi University of Law, Vietnam (LLB) (2009)
Baker & McKenzie (Vietnam) Ltd., a limited liability company, is a member of Baker & McKenzie International, a Swiss Verein.