Thanh Vinh Nguyen

Thanh Vinh Nguyen

Partner
Baker & McKenzie (Vietnam) Ltd.

Biography

Thanh Vinh Nguyen is a partner in the Ho Chi Minh City office of Baker McKenzie. Before joining the Firm, he practiced tax and consultancy work for two international accounting firms and worked as a compliance counsel for an international insurance company.

Practice Focus

Vinh's areas of practice focus on advice, planning and contentious matters on tax and customs, and trade matters. He was recently recognized by the International Tax Review in the categories of Indirect Tax and Tax Controversy Leader (2020) and is ranked as a Leading Lawyer for Taxation in Legal 500 Asia Pacific (2020).

Representative Legal Matters

  • Assisted  major automotive companies in petitions to court against customs valuation assessments
  • Assisted a multinational consumer goods company in revisiting the sustainability of the business model in light of the current regulations
  • Advised world leading e-commerce and digital services on e-commerce tax and assisted clients in dealing with their local partners in relation to their Vietnam tax liabilities
  • Assisted a leading global e-commerce company and advised on permanent establishment risk in relation to their proposed business operations in Vietnam from both a legal and practical perspective 
  • Advised a multinational energy company regarding a potential assessment of capital gains tax on their indirect sales of shares relating to their operation in Vietnam
  • Assisted a multinational conglomerate in a tax case against the local tax authority who retroactively applied a differential tax assessment claiming tax incentives were granted by the licensing authority in contradiction with the laws
  • Advised and assisted a leading European retailer in dealing with their counter party's claim of breach of tax representations and warranties
  • Assisted a multinational tobacco manufacturing company in its tax dispute against an assessment of USD 5.4 million including income tax, penalty and interest and won the case
  • Assisting an international development and real estate holding company specializing in integrated resorts in reviewing and commenting on the draft legislative framework and tax issue of the gaming business. This work involves addressing the tax issues for a new business line in Vietnam, which draws international practice and experience into consideration
  • Representing a multinational garment company in defending against allegations of tax evasion by the customs authorities

Professional Honors

  • Leading Lawyer for Taxation Legal 500 Asia Pacific 2020
  • 2020 ITR Indirect Tax Leader International Tax Review
  • 2020 ITR Tax Controversy Leaders Guide International Tax Review
  • Listed as a standout tax adviser for Vietnam in the Tax Directors' Handbook 250 (2016-2020)

Professional Associations and Memberships

  • Bar Association of Ho Chi Minh City - Vietnam - Member

Admissions

  • Vietnam (2007)

Education

  • Ho Chi Minh City University of Law (LLB) (1999)
  • University of Ho Chi Minh City (English) (1994)

Languages

  • English
  • Vietnamese

Presentations

  • Speaker at Baker McKenzie's annual Asia Pacific Tax Conferences
  • Tax Planning Tips for Short Term Assignments to Vietnam, December 2012
  • Customs Duty Dispute Procedure, Vietnam, February 2011
  • Foreign Contractor Tax – Ho Chi Minh City, Vietnam, July 2011
  • Taxation of Payments to Independent Consultants – Ho Chi Minh City, Vietnam, December 2009