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Infrastructure and Energy

Leadco is experienced in negotiating and drafting complex BOT contracts for major projects, including billion-dollar power plants and other infrastructure projects. Many of these projects have been implemented in the form of Build-Operate-Transfer (BOT). Our lawyers work closely with government entities in representing clients to ensure all necessary approvals are timely obtained and projects are successfully launched. We guide clients in all aspects of these multi-faceted deals, negotiating and drafting the BOT contracts, transfer agreements, and BOT company charters, and assisting in evaluating financing options. In addition, Leadco advises the proposal of applying the Public-Private Partnership (PPP) model in some infrastructure projects.

Our experience in this area is so well-regarded, Leadco has been asked on more than one occasion to advise governmental ministries on drafting areas of law affecting these types of projects. Some of our key transactions include:

  • Comprehensively advising a foreign investor in BOT Project – Phu My Power Plant 2.2, Ba Ria – Vung Tau Province;
  • Advising a foreign investor in BOT Project – Thu Duc Water Plant, Ho Chi Minh City;
  • Advising a foreign investor in BOT Project – Hai Duong Power Plant, Hai Duong Province, with capacity of 1,200 MW and worth USD 2.2 billion;
  • Advising a foreign investor in BOT Project – Duyen Hai 2, Tra Vinh Province with capacity of 1,200 MW and worth USD 2 billion;
  • Comprehensively advising a foreign investor in BOT Project – Vinh Tan 1 Power Plant, Binh Thuan Province with capacity of 600 MW and worth USD 1 billion;
  • Advising a Vietnamese economic group on BOT contract on building a factory for sewage treatment in Hanoi;
  • Representing various foreign investors in BOT projects on building infrastructures in the fields of energy, transportation and water treatment throughout Vietnam;
  • Advising the Ministry of Planning and Investment in drafting Decrees No. 78/2007 and 108/2009 on BOT, BTO and BT;
  • Advising the Ministry of Planning and Investment in drafting Decision No. 71 of the Prime Minister on piloting PPP model in Vietnam; and
  • Advising the Ministry of Information and Communications in drafting PPP contracts and improving the legal framework for investment via PPP model in the IT area.

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