Mr Mark Fraser > Frasers Law Company > Ho Chi Minh City, Vietnam > Lawyer Profile

Frasers Law Company
Unit 19.01, 19th Floor Deutsches Haus
33 Le Duan Boulevard District 1
Vietnam

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 license 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

Memberships

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.

Lawyer Rankings

Vietnam > Insurance

(Leading individuals)

Mark Fraser  – Frasers Law Company

In the wake of an impressive run which has seen the team advising an increased stream of foreign insurance entities, Frasers Law Company continues to exhibit a strong insurance practice that assists with business model reviews, insurance plans and policy reviews, M&A transactions, joint venture and distribution agreements, and refinancing procedures, including insurance plan changes. An enviable client list includes pan-Asia Pacific entities, global investment firms, and a range of premium insurance groups. Mark Fraser heads the team, leveraging over 25 years’ market experience in advising clients on regulatory and compliance issues alongside a wide body of insurance-related work. Duong Thi Mai Huong has been a vital part of the practice, regularly working alongside Fraser on the firm’s most consequential mandates and gaining fantastic exposure to a multitude of insurance-based instructions.

Vietnam > TMT

(Leading individuals)

Mark FraserFrasers Law Company

Frasers Law Company‘s TMT expertise is sought out by numerous leading multinational clients seeking elite advice regarding the Vietnamese regulatory landscape. E-commerce, gaming, and gambling are just some of many facets that encompass the group’s far-reaching expertise, and for yet another year the team showcases their excellence at the cutting-edge of telecommunications work, acting on regulatory, licensing, due diligence, and data protection instructions. Praised for the quality of his work and strong client engagement, team head Mark Fraser has been the key lead across the group’s various mandates, with a notable specialism helping foreign technology and media entities launch operations and services in Vietnam. Fellow co-head Justin Gisz has been primarily active in the AI research and development space. Nguyen Mai Phuong is noted for her considerable regulatory understanding.

Vietnam > Tax

Frasers Law Company advises on the tax aspects of M&A transactions and advisory matters for customs duty and VAT, in addition to acting for international companies looking to establish a presence in Vietnam on tax structuring issues. Praised as ‘didactic and extremely helpful in navigating the Vietnamese tax environment‘, founding partner Mark Fraser co-leads the practice alongside Phan Xuan Qui, who has considerable experience in direct and indirect tax advisory and compliance services.

Vietnam > Intellectual property: international firms

Frasers Law Company assists clients with a wide range of IP matters, including copyright, patent, and trademark infringement, trademark registration and enforcement, technology transfer contracts, and trade secrets cases. Mark Fraser leads the team alongside Nguyen Van Vien, who also serves as chairman of the Intellectual Property Association of Ho Chi Minh City, as well as director of the Vietnam Intellectual Property Institute. The team advises clients in the education, food and beverages, banking, manufacturing, and biotech sectors, among others.

Vietnam > Shipping and aviation

Frasers Law Company continues to be active in the shipping and aviation space, particularly on the logistics side, benefiting from investors’ attempts to diversify supply chains and unlock trade routes in the Asia Pacific region. Mark Fraser leads the team.

Vietnam > Capital markets

‘Providing business-practical legal advice’ due to a strong understanding of ‘local Vietnamese regulations and law’, Frasers Law Company works with clients on a variety of debt and equity capital market issues, including advice regarding IPOs, convertible debt securities, and structured products. Furthermore, the firm is characterised by strong work in the energy, real estate and healthcare sectors. Mark Fraser heads the practice and is well-reputed for his handling of complex strategic transactions across a number of sectors, while Justin Gisz has been predominantly active working with investment funds on credit facility engagement. Ho Thuy Ngoc Tram is another practitioner of note who has played a key supporting role across the board.

Vietnam > Corporate and M&A

(Hall of Fame)

Mark FraserFrasers Law Company

Frasers Law Company continues to act for an impressive array of clients on premium, multi-billion dollar M&A deals, divestments, joint ventures and large-scale restructurings – with the ability to act on the pre-deal investigation through to the due-diligence, review, SPA negotiation, and financing aspect. Leveraging corporate, competition and data protection expertise, the team comfortably excels in a range of sectors, most notably manufacturing, energy and retail. Mark Fraser leads the the group’s most consequential M&A deals, including working closely with foreign investment managers and venture capitalists engaging with the region, while Justin Gisz has been active across banking and financing, supply chain and logistics and energy deals, regularly supported by senior associate Ho Thuy Ngoc Tram who demonstrates notable proficiency regarding banking and finance. Senior associate Nguyen Mai Phuong has been largely focused on energy deals.

Vietnam > Dispute resolution: litigation

Frasers Law Company continues to build traction in disputes, building a strong portfolio of work for an enviable set of clients that include leading tech, aviation and energy players. A key area of expertise for the group includes international trade, with practitioners geared to act on a multitude of anti-dumping, export control and tariff classification issues, as well as notable work pertaining to employer and shareholder disputes. Mark Fraser and Earl Rivera-Dolera co-lead the practice, and whilst the latter is predominantly noted for her arbitration work, she plays a key supporting role to the far-reaching practice of the former. Justin Gisz takes the reins on a number of industrials and manufacturing disputes, while the acquisition of two new associates in the summer of 2022 has added further strength to the supporting cast of the firm.

Vietnam > Projects and energy

(Leading individuals)

Mark Fraser – Frasers Law Company

Frasers Law Company is instructed by lenders, sponsors and investors on high-value financing and acquisition deals, acting on an impressive array of energy assets including oil and gas, solar and wind, and utility projects. Furthermore, the group demonstrates its full-service capability through its engagement with transport and marine infrastructure, including toll road and bridge financing, as well as handling large-scale, cross-border digital infrastructure enterprises. Founder and team head Mark Fraser leverages nearly 30 years of regional experience to manage a number of the firm’s most consequential client relationships and mandates, with considerable expertise in M&A, financing and project development. Co-head Justin Gisz also possesses considerable experience in the market, and has been largely focused on renewable energy ventures over the past twelve months. Both Nguyen Mai Phuong and Ho Thuy Ngoc Tram have been highly active supporting a number of the firm’s key mandates, with both displaying excellent financing proficiencies and a wide understanding of assets.

Vietnam > Banking and finance

(Leading individuals)

Mark FraserFrasers Law Company

With over 40 years of combined experience, Mark Fraser and Justin Gisz spearhead the ‘highly knowledgeable‘ team at Frasers Law Company . The banking and finance practice is particularly skilled in handling high-value project financings, especially within the energy sector, and has extensive expertise in guiding international financial institutions as well as borrower clients through refinancings of existing loans and debt restructurings. Another exceptional addition to the team is senior associate Ho Thuy Ngoc Tram, who is recommended for her capabilities in the areas of infrastructure and project finance.

Vietnam > Real estate and construction

A standout player in the energy and infrastructure space, Frasers Law Company leverages core expertise in M&A, project development, financing, regulatory and compliance matters to advise financial institutions, global investors, and contractors and developers on industrial park projects, high-end resort and hospitality centres, and residential blocks. The practice is headed up by Mark Fraser and Justin Gisz, with the former being a prominent figure in the Vietnamese legal sphere and an active presence across the entirety of the firm’s mandates, and the latter being highly skilled on cross-border acquisitions and corporate issues. Both Nguyen Mai Phuong and Ho Thuy Ngoc Tram have played a crucial supporting role to matters over the past twelve months.

Vietnam > Dispute resolution: arbitration

Frasers Law Company works with a global portfolio of clients, particularly in the energy, infrastructure and manufacturing sectors, on a wide range of high-profile disputes. The multi-specialist founding and managing partner Mark Fraser co-heads the team with the experienced international arbitration specialist Earl Rivera-Dolera and is predominantly active on tax and monetary disputes, whereas Justin Gisz primarily represents domestic and multinational clients in breach of contract conflicts. Senior associate Nguyen Le Quynh Chi joined from ANHISA in July 2022 and is active across an array of contentious proceedings.

Vietnam > Data protection

Headed by Mark Fraser and Justin Gisz, Frasers Law Company is a multilingual firm with lawyers qualified from Vietnam and abroad. It has continued to prove itself as a go-to firm regarding all matters related to data protection and is well-equipped to provide advice to companies and institutions across various industries, including banking and financial services, legal services, and pharmaceuticals. Senior associate Duong Thi Mai Huong also comes recommended with her experience in the TMT sector and data protection transactions.

Vietnam > Labour and employment

Mark Fraser and Justin Gisz jointly head Frasers Law Company’s labour and employment team, which regularly advises clients, including major international companies, on a wide range of matters, such as contracts, internal labour regulations, the labour law aspects of M&A and restructuring transactions, and disputes. Both Fraser and Gisz have considerable international experience in the employment and labour law space. Phan Xuan Qui advises on labour regulations compliance, global migration and mobility, and labour dispute resolution, among other issues, while Nguyen Thi Thanh Tra handles the regulatory aspects of high-value investments into Vietnam.