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Frasers Law Company

UNIT 1205, 15TH FLOOR, THE METROPOLITAN, 235 DONG KHOI STREET, HO CHI MINH CITY, VIETNAM
Tel:
Work +84 28 3824 2733
Fax:
Fax +84 28 3824 2736
Email:
Web:
www.frasersvn.com
Hanoi, Ho Chi Minh City

Mark Fraser

Tel:
Work +84 8 3824 2733
Email:
Frasers Law Company

Work Department

CEO/Managing Partner.

Position

Mark is Managing Partner of Frasers Law Company. He has been advising clients on transactions in Vietnam since 1994. Mark’s practice focuses on corporate matters, especially mergers and acquisitions, banking and finance, commercial real estate transactions, and infrastructure projects. This involves debt and equity structuring of investment projects and the preparation and negotiation of documents. Mark has been involved in numerous power generation, water treatment, telecommunications, road tollway and oil and gas projects in various jurisdictions within Asia and has advised on a number of Vietnamese matters in the banking and finance, corporate and commercial, infrastructure, capital markets, property development and dispute resolution areas.

Career

Barrister and solicitor of the High Court of New Zealand and admitted as a legal practitioner of the Supreme Court of New South Wales. Began advising clients on transactions in Vietnam in 1994 when he established the Ho Chi Minh City office of a UK Magic Circle firm he had joined in London and spent more than 10 years with, working in London, Singapore, Bangkok, Hong Kong and Ho Chi Minh City. Established Frasers Law Company in 2004 as the first foreign law firm to be granted a foreign law company licence in Vietnam; co-author of numerous publications including the chapter on undertaking an infrastructure project conducted on a BOT basis in Vietnam in 'Capital Flows Along The Mekong: The Complete Guide to Investing in Cambodia, Laos, Myanmar and Vietnam' (Asia Law & Practice Publishing Ltd.); co-author of the chapter 'Power in Vietnam' (which addresses the legal framework for undertaking a private power generation project in Vietnam) in 'NatWest Markets' Guide to Power in Asia' (Asia Law and Practice Publishing Ltd.).

Languages

English.

Member

Former vice-chairman of the British Business Group Vietnam; member of the American Chamber of Commerce Vietnam; European Chamber of Commerce in Vietnam; Australian Chamber of Commerce in Vietnam; Hong Kong Business Association Vietnam; Canadian Chamber of Commerce; New Zealand Chamber of Commerce; Association of International Petroleum Negotiators.

Education

University of Auckland (1985 Bachelor of Commerce (accounting); 1988 Bachelor of Laws).

Leisure

Golf, rugby.


Vietnam

Banking and finance

Within: Banking and finance

Frasers Law Company’s banking and finance practice handles project finance mandates for investors, banking-sector transactions and fintech matters. Mark Fraser and Nguyen Thi Lang are key contacts. Clients include Lifestyle Project Management Vietnam.

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Capital markets

Within: Capital markets

Frasers Law Company advises a number of international investors on potential investments in state-owned companies as part of equitisation processes, as well as handling matters concerning offshore listings and transactions of stakes in listed companies. Justin Gisz, Mark Fraser and Nguyen Thi Lang are names of note.

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Corporate and M&A

Within: Leading individuals

Mark Fraser - Frasers Law Company

Within: Corporate and M&A

Frasers Law Company’s team is noted for its β€˜sophistication and awareness of relevant issues, and has a good sense of when to be aggressive and when to back off’’. Mark Fraser β€˜prepares comprehensive, commercial and helpful advice’; he has a track record advising international investors on agenda-setting transactions. Nguyen Thi Lang and Justin Gisz are also noted for handling key M&A deals. Senior associate Pham Thanh Mai is β€˜responsive, provides relevant advice and is pleasant to deal with’.

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Dispute resolution

Within: Dispute resolution

Frasers Law Company deploys β€˜good, business minded knowledge’ on disputes regarding banking, insolvency, shareholder and boardroom-level employment law, as well as regulatory matters. Mark Fraser, Justin Gisz, Nguyen Thi Lang and senior associates Phung Thi Thanh Thao and Ho Thuy Ngoc Tram are the key contacts. Clients include international engineering companies as well as other household name businesses.

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Insurance

Within: Insurance

Frasers Law Company’s work includes regulatory and due diligence advice pertaining to political risk and warranties and indemnities, as well as claims management, brokerage and regulatory matters. Justin Gisz advised Lifestyle Project Management Vietnam, which uses an online banking platform to sell insurance, on a 25% sale to SunLife. Nguyen Thi Lang is a name to note for technical policy-building matters and Mark Fraser is experienced in advising key insurers. Vietnam Infrastructure is also a client.

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Labour and employment

Within: Labour and employment

Frasers Law Company’s practice covers matters such as cross-border employment, mass employment terminations, transactions, transfers of employees and executive departures. Mark Fraser and Justin Gisz are key names at partner level, while senior associates Phung Thi Thanh Thao and Pham Thanh Mai are also note. Phu My 3 BOT Power Company is a client.

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Projects and energy

Within: Projects and energy

Clients appreciate Frasers Law Company’s β€˜professional knowledge and experience in the power sector, and in financing too – they can rely on the firm’s advice to give in-depth analysis of the subject matter’. The team advises sponsors, financiers and buyers from China, Japan and beyond on projects concerning conventional and renewable energy, hydrocarbons, ports and telecoms. Nguyen Thi Lang is β€˜conscientious, devoted and able to analyse and interpret the relevant law – she does well in handling complicated megaprojects’, while Mark Fraser is β€˜very approachable, highly knowledgeable and responsive’.

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Real estate and construction

Within: Leading individuals

Mark Fraser - Frasers Law Company

Within: Real estate and construction

Frasers Law Company β€˜provides a high-level service and has strong knowledge regarding the regulatory regime’. The team handles a range of transactions, including buying and selling land lots, residential developments, industrial projects and logistics parks, as well as advising on construction and leasing matters. Mark Fraser has β€˜very strong legal and local knowledge, and a good commercial understanding’. Justin Gisz and Nguyen Thi Lang are also key names. Sojitz Corporation is a client.

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Shipping

Within: Shipping

Frasers Law Company provides β€˜excellent service – level of knowledge of local law and practices means that clients feel protected and taken care of’. The firm has expertise in buy-side matters concerning shipbuilding, as well as offshore industry regulation and M&A deals regarding shipping-sector businesses. Mark Fraser and senior associate Ho Thuy Ngoc Tram are recommended.

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TMT

Within: TMT

Frasers Law Company handles strategic, regulatory and transactional matters pertaining to telecoms, the sharing economy, streaming entertainment, among others. Justin Gisz advised Vietnam Infrastructure Station on the sale of 2,000 telecoms towers, while Mark Fraser also leads key deals. Other clients include China Telecom Global, telecoms companies, international technology β€˜unicorns’ and venture capital funds.

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Tax

Within: Tax

Frasers Law Company has expertise in dealing with the tax aspects of major transactions, as well as handling tax disputes. Nguyen Thi Lang is experienced in working with local law firms on overpaid VAT reimbursements. Mark Fraser and Justin Gisz are also key contacts. Clients include Vietnam Infrastructure.

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Vietnam: Intellectual property

International firms

Within: International firms

Frasers Law Company handles a strong range of transactional intellectual property matters, as well as enforcement matters concerning copyrights and trade marks. Mark Fraser advises an electronics company on a dispute with a former distributor regarding unauthorised trade mark use. Nguyen Van Vien is also a key contact. Clients include leading names in the luxury products, pharmaceutical and fast-moving consumer goods sectors.

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Legal Developments in Vietnam

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    On 6/20/2012, the National Assembly voted to adopt the Law on Price (the "LOP") in response to the public demand for an effective legal framework to control price manipulation from dominant enterprises such as gasoline, electricity, etc. The law will take effect from 01/01/2013 and repeal Ordinance No. 40/2002/PL-UBTVQH10 dated 26/4/2002 of the National Assembly Standing Committee (the "Ordinance"), which is conceived as outdated and containing certain provisions contravening the WTO’s regulation. This article describes the main features of the law and provides some insight into its potential impacts on the Vietnamese economy.