Dang The Duc

Managing Partner

About

Dang The Duc is the founder and managing partner of Indochine Counsel. He leads the firm’s Banking & Finance, Capital Markets practice group and co-heads the Projects & Infrastructure practice group. With over 25 years of experience in business law practice in Vietnam, Duc specializes in advising foreign clients on international and cross-border transactions, including inward investment, corporate and commercial transactions, private equity, M&A, securities and capital market transactions, corporate restructurings, and project financing. He has been involved in major transactions for leading financial institutions, investment funds, and multinational companies. Additionally, he has substantial experience in advisory and transactional work related to IPR, IT, and technology matters.

Duc has been recognized as a leading lawyer in Vietnam by various international publications such as IFLR1000, Asian Legal Business (ALB), ALB Super 50 TMT Lawyers, Chambers Global, Legal 500 Asia Pacific, Leaders in Law Global Awards, Asialaw Profiles, The In-House Community, The International Who’s Who Legal, The Expert Guide – The World’s Leading Lawyers, The A-List Vietnam’s Top 100 Lawyers (Asia Business Law Journal), Media Law International, and MIP IP Stars.

He is an active speaker for conferences and seminars both in Vietnam and abroad for such legal business topics as M&A, private equity, corporate transactions, securities and capital markets.

Experience

Duc’s notable transactions include:

  • Acted as the project team leader / lead legal counsel for a legal review project as engaged by the IFC / WB “Vietnam Legal Review Data Driven Lending – Data Driven Services for Retail and SMEs Lending” for collaboration between a leading local bank and an enterprise tech firm;
  • Advised TLC Modular Group in relation to investment by Goldman Sachs Asset Management in TLC Modular, a group with business interests in Singapore, Australia, New Zealand and manufacturing and design facilities in Vietnam;
  • Advised Thaco Group in acquisition of 100% stake in E-mart Vietnam and strategic franchising arrangement with E-mart Inc.;
  • Advised EQuest Education Group (EQuest) in relation to the investment made by KKR through KKR Global Impact Fund;
  • Acted as the lead legal counsel for a study project on early stage financing for innovative start-ups and SMEs in Vietnam “Vietnam Venture Capital and Angel Financing Ecosystem”, as engaged the World Bank Group. This is part of the World Bank’s project in Vietnam: Promoting Innovation in Vietnam – “Vietnam Venture Capital Ecosystem Diagnostic to support Innovative Start-ups and SMEs”;
  • Advised Thaco Group in a strategic investment and acquisition of stakes in HAGL Agrico (HNG) and HAGL Land (which develops and owns the HAGL Myanmar Center Project in Yangon, Myanmar);
  • Acted as the local team leader for the project “Corporate Governance ROSC Assessment for Vietnam” (2013), an initiative by the World Bank;
  • Acted as the local lead counsel for conducting the Legal Analysis for Implementation of Vietnam National Single Window, a project funded by USAID;
  • Advised a UK education group for acquisition of an international school in Ho Chi Minh City;
  • Advised China Development Bank (CDB) and issued legal opinion in relation to its financing with the value of appx. US$500 million for a high-way project (Hanoi-Hai Phong Highway Project) in Vietnam;
  • Advised Tan Tao Corporation in a coal-fired Kien Luong 1 power plant with capacity of approximately 1,200 megawatts in the south of Vietnam, including review / advice on PPA, Government Guarantee, EPC Contract, Coal Supply Agreements, and financing documents for the project. The total investment capital of the project is VND45,792 billion;
  • Advised EVN for negotiation of the power purchase agreement (PPA) for the 1200 MW Mong Duong 2 BOT Coal-fired Thermal Power Project;
  • Advised Trung Nguyen Group acquire a state of the art factory in Binh Duong Province from Vinamilk, via assets acquisition for a consideration of appx US$40 million;
  • Acted for Truong Hai Auto Group for disposal of 20% stake for a consideration of US$77 million;
  • Acted as the Vietnam counsel for Providential Holdings, Inc. in the formation of a US$250 million offshore investment fund with focus on the Vietnam equity market;
  • Acted for Gimpex Group (India) for acquisition of an iron ore mine in Hua Phan Province, Lao PDR;
  • Acted for Gimpex Group / SPG Mining Pte Ltd. to prepare and advice on the BCC for mining activities of a lime stones mine in Ha Nam Province, with the project value of US$50 million;
  • Advised Alliance Minerals Vietnam Limited in acquisition of a white marble mine in Yen Bai Province, Vietnam, including preparation of the business cooperation contract (BCC) with the project value of more than US$100 million;
  • Acted as the Vietnam counsel for Erria A/S (borrower) in relation to the Multi-option Facility Agreement (with the loan valued at DKK45 million), Guarantee and Share Pledge Agreement with Danske Bank Group;
  • Acted for Saigon Paper Corporation to sell shares for strategic investors, Daio Paper and Development Bank of Japan (DBJ), with the deal size of appx. US$8.5 million;
  • Acted as the legal counsel for the Industrialisation Fund for Developing Countries (IFU) (Denmark) for a loan of US$8.5 extended by IFU to Hanoi-Vungtau Brewery Joint Stock Company (HVB);
  • Advised Thanh Viet Investment Fund Management Company for formation of 2 private, closed-end funds for a local fund manager;
  • Acted for the Ho Chi Minh City Investment Fund for Urban Development (HIFU) in relation to syndicated loan / Hermes Buyer Credit Agreement, with the value of US$93 million, for financing Phu My Bridge BOT Project;
  • Advised Kostal Eco Industries Co Ltd. to prepare and negotiate for an EPC contract for a waste water treatment plant with Phong Phu Textile Company; and
  • Acted for Binh Phuoc Construction – Consultant and Development Investment Company (BICONSDIN) for an EPC contract for a complete ropeway system at Ba Ra mountain, Binh Phuoc province, Vietnam

Education

  • LLB, Hanoi National University, 1994
  • BA, Hanoi Foreign Languages University, 1996
  • IPDP, Int’l M&A and Capital Markets & Loans, The College of Law of England & Wales, 2007-2008

Languages

  • English
  • Vietnamese

Membership

  • Ho Chi Minh City Bar Association
  • International Bar Association
  • Inter-Pacific Bar Association
  • LawAsia
  • International Trademark Association
  • Asian Patent Attorneys Association

Awards & Accolades