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Frasers Law Company

UNIT 1205, 12TH FLOOR PACIFIC PLACE, 83B LY THUONG KIET STREET, HOAN KIEM DISTRICT, HANOI, VIETNAM
Tel:
Work +84 4 3946 1203
Fax:
Fax +84 4 3946 1214
Email:
Web:
www.frasersvn.com

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

Capital markets

Within: Capital markets

Frasers Law Company handles work concerning contemplated IPOs in the technology and FMCG sectors, including cross-border transactions ending in Hong Kong listings. Mark Fraser, Justin Gisz and senior associate Ho Thuy Ngoc Tram are the key contacts. Public M&A is another area of note. Referring law firm clients include Herbert Smith Freehills. Named individuals are based in Ho Chi Minh City.

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Corporate and M&A

Within: Corporate and M&A

Frasers Law Company 'provides very thorough and caring advice that strikes the right balance between providing the right information without overdoing it - the team is strong across all practice areas and clients know they can speak to the various partners and associates and get straight to the point'. Mark Fraser is, for some, 'one of the best lawyers in the country - his work ethic is second-to-none'; he and senior associate Ho Thuy Ngoc Tram handle work concerning Vietnam's leading business names. Justin Gisz, senior associate Vo Mai Uyen Thi and consultant Nguyen Van Vien also handle heavyweight transactions, with Nguyen Thi Lang advising on matters include take-private deals. Stefano Pellegrino is another key associate. Other work includes assisting with commercial contracts and restructurings. Vietnam Infrastructure is among the firm's clients. Named lawyers are based in Ho Chi Minh City.

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Dispute resolution

Within: Dispute resolution

At Frasers Law Company, Mark Fraser and senior associate Vo Mai Uyen Thi handle construction and commercial disputes, among other matters. Justin Gisz and senior associate Pham Thanh Mai, who is based in Hanoi, also advise on litigation strategy, as well as handling shareholder disputes. Insolvency is another area of expertise for the team. The group is also strong in employment and corporate investigations, where Nguyen Thi Lang is a key name. Senior associate Ho Thuy Ngoc Tram is another name to note. Named individuals are based in Ho Chi Minh City except where stated otherwise.

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Real estate and construction

Within: Real estate and construction

At Frasers Law Company, Mark Fraser handles work concerning large developments. Nguyen Thi Lang is, for some, 'one of the best property lawyers in town - her knowledge of the sector is outstanding'; she advises, among others, Korean investors on major transactions. Logistics is another area of expertise, with office leasing and hotels other key areas.

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TMT

Within: Leading individuals

Mark Fraser - Frasers Law Company

Within: TMT

Frasers Law Company, which offers ‘very thorough level and care of advice’, has specialist expertise in the regulation of the TMT sector where its lawyers deal with a range of complex, cross-border legal issues. The team is ‘strong and the partners and the associates get straight to the point’. Mark Fraser is, at least for some, ‘one of the best lawyers in the country’ with ‘a second-to-none work ethic’, while ‘very thorough and detail focused lawyer’, while Justin Gisz frequently handles cross-border work. Nguyen Thi Lang is also ‘a leading authority’ in this area. The firm advises leading companies in the sector, as well as leading asset managers.

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Tax

Within: Tax

Frasers Law Company works with many high-profile global companies on complex, cross-border and high-value tax matters, including the tax consequences of corporate and real estate transactions. Key names include the managing partner Mark Fraser, Justin Gisz and Dr Lang Nguyen, who has excellent judgement to the nature and extent of legal risks. The firm's clients come from various industries including financial services, energy, media, logistics, manufacturing, technology and consumer goods.

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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.