Multiblog-PRO-User Oliver Massmann

Your lawyer and specialist for Vietnam

Oliver Massmann practices in the area of corporate international taxation and on power/water projects, matters related to oil and gas companies and telecoms, privatization and equitization, mergers and acquisitions, and general commercial matters for multinational clients in relation to investment and doing business in Vietnam.

Mr. Massmann is the only foreign lawyer as Member to the Supervisory Board of PetroVietnam Insurance Corporation, Vietnam's largest industrial insurer. He is currently working on several investment projects as well as taxation matters and advising the Ministry of Electrical Power on building the power generation infrastructure in Myanmar. He is registered Arbitrator of the Vietnam International Arbitration Centre (The VIAC). He is the only foreign lawyer in Vietnam who is presenting to the National Assembly of Vietnam in Vietnamese language and teaching International law in Vietnamese language at the Ministry of Justice in Hanoi.

Mr. Massmann is a 1994 graduate of Bochum Law University, first state exam and Ministry of Justice, Duesseldorf Germany, second state exam 1997. He is holding a LLM degree in international taxation from St. Thomas University Florida- United State of America. He is admitted to the Bar Association in Berlin and a licensed foreign lawyer in Vietnam.

Areas Of Practice

  1. Private International Law
  2. Intellectual Property
  3. Commercial Law
  4. Banking and Finance
  5. Corporate, Mergers and Acquisitions
  6. Taxation
  7. Securities and Capital Markets
  8. Information Technology and Communications
  9. Construction Law
  10. Technology Transfer
  11. Dispute Resolution/Litigation
  12. Labor and Employment law
  13. Insurance
  14. International and Commercial
  15. Major Projects and Project Finance
  16. Offshore Incorporations
  17. Corporate Law

Representative Matters

a.) Advised an international cooperation enterprise for sustainable development with regard to a wind energy and renewable energy project supported by the German ministry of environment (BMU) and conducted in cooperation with the Ministry of Industry and Trade in Vietnam (MOIT), in particular with regard to introduction of a new law promoting renewable energy projects in Vietnam.
b.) Advised German subcontractor in relation to work on Dai Ninh hydropower project.
c.) Acted for German waste to energy company in connection with its plans to construct and operate a municipal solid waste to energy facility in Vietnam with total investment of approximately US$500 million.
d.) Advised major US contractor in connection with provision of technical services to 750MW coal-fired power plant in Quang Ninh province.
e.) Acting for property developer in relation to US$ 200 million closed-end property development fund.
f.)  Acting for investors in relation to resort property development projects throughout Vietnam.
g.) Acting for Major US investment house in relation to mixed-use property development project in Ho Chi Minh City.
h.) Acting for Malaysian investor in relation to US$5 billion residential and tourism development project.
i.) Privatization projects for East German state-owned companies in the construction industry and heavy industry sector, drafting an equitization manual for the Vietnam Ministry of Finance, authorizing a report on Hungarian and Chinese privatization methods for a UNDP/Ministry of Finance privatization project in Vietnam and consulting on privatization and initial public offerings in relation to Vietnamese state-owned enterprises as part of an ADB project.
j.) Successfully concluded negotiations for the construction contract for Vietnam's first build-operate-transfer (BOT) power plant in Vietnam with investment volume of about US$400 million.
k.) Advised and assisted a cement plant project in Vietnam with the total value of US$90,000,000.
l.) Advised on establishing a hospital in Vietnam for a US-registered non-profit organization.
m.) Provided legal analysis for an insurance underwriter of project documents (BOT Agreement, Power Purchase Agreement, Gas Supply Agreement, Water Supply Agreement, Government Guarantee, etc.) with regard to a political risk insurance cover for a BOT power project in Vietnam.
n.) Assisted with the transfer of legal capital in a significant joint venture company in fiber optic production in Vietnam.
o.) Advised on intended sale of interest in an industry gas joint venture company in Vietnam and the disposition of its enterprise with 100% foreign-owned capital in Vietnam.
p.) Acted for Austrian consortium on a water-quality improvement project in Hanoi with advice on structuring water treatment project and establishing investment vehicle.
q.) Advised on a project regarding release of debenture and joint venture transaction for a building in Ho Chi Minh City, Vietnam.
r.) Acted as leading attorney in advising and assisting the foreign contractor with all aspect of planning and implementing a cement plant in Vietnam.
s.) Advised an international shipyard group in expanding its Asia-wide investment project related to acquisitions, the purchase of a shipyard, the opening of a central warehouse and establishing multiple joint ventures.

Professional Activities

  1. Member of the Rechtsanwaltskammer Berlin (German Law Society), Federal Republic of Germany
  2. Counsel of Choice of German Embassy, Vietnam
  3. Corporate Partner to WTO, Trade, Investment Group of Eurocham
  4. Vietnam Representative of Deutsch-Asiatischer-Wirtschaftskreis e.V. in Leipzig, Germany, 2005-present

Admissions

  1. Berlin, Germany
  2. Vietnam (Registered Foreign Attorney)

Education

  1. St. Thomas University School of Law, LL.M., Taxation, 2005
  2. Ministry of Justice, Duesseldorf, Second State Examination for Judges and Lawyers, 1997
  3. Foreign Language University, Hanoi, Vietnam, Diploma in Vietnamese Language, 1995
  4. Ruhruniversität Bochum, First State Examination in Law, 1994

Experience

  1. Duane Morris LLP- Partner, 2007-present
  2. Baker & McKenzie
    - Partner, 2004-2007
    - Associate, 1999-2004

Board Memberships

  1. Member of Board of Management of German Business Association
  2. Corporate Partner of European Chamber of Commerce

Honors and Awards

a.) Certificates granted by Foreign Trade University as Professor to the Foreign Trade University - Lecturing on Guest – Invitation Basis”, June 2010
b.) Vietnam's honorable ambassador to LAWASIA as member of the executive board of LAWASIA Energy Section
c.) "Recommended Tax Lawyer" in the PLC Which Lawyer? Tax rankings for Vietnam, 2006/2007
d.) Recommended Lawyer in Vietnam, Certificate granted by Global Counsel
e.) Certificates granted by the Ministry of Justice of Vietnam regarding lectures in Vietnamese language on the Bilateral Trade Agreement between Vietnam and the U.S. at the Legal Professional School (December 2001); International Rules for Arbitration, including the UNCITRAL Rules and the Model Law; Practical International Arbitration Experiences, Danang, Vietnam (August 2002); and seminars on EU/German law (2003-present)
f.) Part of a group of lawyers that received "The Department of Trade and Industry Award for Capacity Building in the Developing World" at the Worldaware Business Awards 2004 ceremony held at the Royal Society in London, January 2004. The award is given to an organization for its role in enhancing the ability of a developing country to participate in international trade negotiations.

Selected Publications

  1. Co-operared with Chris Rowley, “The Changing face of Vietnamese Management”, Routledge, 2009
  2. Co-author, “The Winds of Change”, Vietnam Investment Review, July 2009
  3. Co-author, "Vietnam Opens Wider For Business," December 31, 2008
  4. "International Business: Vietnam Ventures," Los Angeles Daily Journal, November 27, 2007
  5. "Vietnam: BOT Projects - Tax Issues," Asia-Pacific Tax Bulletin Journal, March 2006
  6. "Vietnam - WTO: Why and How?", to be published in EuroCham's newsletter in the Vietnam Investment Review, August 2004
  7. "Vietnam: Cross-Border Chattel Hiring," Asia-Pacific Tax Bulletin, May/June 2004, March 2004
  8. "Vietnam and the Phu My 3 BOT Power Plant - An Open Door or Invite Only", published on Swiss-South East Asian Chamber of Commerce ("SEA") Journal, January 2002
  9. "Labor Law in Vietnam", Bundesanstalt für Außenhandel (Bfai), November 2001
  10. "Dispute Resolution in Vietnam", Bundesanstalt für Außenhandel (Bfai), November 2001
  11. "Investitionsführer Vietnam 2000," The Guide For Foreign Investment In Vietnam 2000, (Bfai), February 2000
  12. Vietnamese Private International Law (Civil Code Vietnam) "Internationales Privatrecht Vietnam" for the first edition of the book "Ausseuropäische IPR - Gesetze Der Professoren Krüger (Köln), Kropholler (Hamburg), Siehr (Zürich) Und Dr. Riering, Edited by "Deutsches Notarinstitut (Würzburg)" am Max-Planck Institut, April 1998
  13. "Finanzierung und Kreditsicherung in Vietnam" (Bfai), March 1998
  14. Publications about the Legal System in Vietnam through "Bundesstelle Für Außenhandelsinformationen" (Bfai), Agrippastraße 87-93, 50676 Köln, January/February 1998

Selected Speaking Engagements

Presentation on Impacts of innovative infrastructure developments – focus on energy supply and energy security. Dr. Philipp Rösler (Minister of Economics & Technology of Germany) attending event at the Ministry of Planning and Investment of Vietnam the "Vietnam-Germany Dialogue Forum".

Presentation on SUSTAINABLE INVESTMENT AND PROGRESS IN VIETNAM, in Mrs. Chancellor Angela Merkel’s visit to Vietnam, in HCMC, November 2011.

Presentation on VIETNAM’S INVESTMENT ENVIRONMENT FROM LEGAL AND TAX PERSPECTIVE in German at a Conference organized by German – Asean Business Circle in Frankfurt, November 2010.

Presentation on BUSINESS STRATEGIES FOR GERMAN COMPANIES IN VIETNAM – ASEAN CHINA/ASEAN INDIA FREE TRADE AGREEMENTS in German on the occasion of the visit of the Baden Wuerttemberg Delegation, November 2010 in HCMC

Presentation on VIETNAM’S LEGAL AND POLICY FRAMEWORK ON ENERGY: CURRENT AND MOVING FORWARD in the 2nd annual Vietpower Conference, organized by IBC Asia, September 2010

Presentation on BEST PRACTICE IN GAS PROJECT PARTNERSHIPS: WIN-WIN SOLUTIONS IN DEVELOPING BANKABLE OIL AND GAS PROJECTS in the Conference on Vietnam Offshore Oil & Gas, organized by IBC Asia, June 2010

Presentation on EXPATRIATE EMPLOYMENT: KEY LEGAL CONSIDERATIONS AND DISPUTE ISSUES in the seminar on EMPLOYMENT LAW & HRM IN VIETNAM organized by Asia Business Forum (Thailand) Limited, July 2010

Presentation on International Trade Law - Evaluation from Practitioners: THE BASICS in the Short-term Training Course on International Trade Law organized by Hanoi University of Foreign Trade, June 2010

Presentation on “Free Trade Zone ASEAN- Obstacles and Prospects for Vietnam and
Dispute Resolution Mechanism between Member States” in Seminar organized by KAS Vietnam, Ministry of Industry and Trade and International Business and Law Academy, 24 November 2009

Presentation on “Going green and financing renewable energy in Asia: The Basics” in 12th LawAsia Conference, 12 November 2009

Presentation on “Legal obstacles for renewable energy development in Vietnam” in the International Forum on Wind Power Development in Viet Nam, 6 November 2009

Presentation on “Vietnam And Its Venture WTO-Impact And Opportunities” in Seminar organized by KAS Vietnam and National Academy of Public Administration, 5 November 2009

Presentation on “Legislation dealing with public corruption in Vietnam” in NYSBA Singapore conference “New York and New Asia - A Partnership for the 21st Century”, 29 October 2009

Presentation on “Investment in the energy sector” in Eurocham’s GreenBiz Conference, 17-18 September 2009

Presentation on “Labor Law of Vietnam: Protecting the Protected” in Fortress Intelligence’s Seminar on Vietnam Employment Law, 31 August 2009

Presentation on “Towards bankable power projects in Vietnam” in Mekong Power Summit, 4 June 2009

Presentation on “Vietnam’s legal and policy framework on energy: current and moving forward” in Seminar on Climate Change organized by the Vietnamese National Assembly, 27th April 2009

Presentation on “ State Liability – German and European law” in Seminar in Nha Trang, organized by KAS Vietnam, from 9th to 10th September 2008

Presentation on “ From Private Equity to IPO: Legal aspects of restructuring a corporate group in preparation of an IPO: in Seminar in Bangkok, organized by IRVING Seminar & Training 26th to 27th June 2008

Presentation on “Legalization and Notarization- German and European law” in Seminar in Nha Trang, organized by KAS Vietnam, 30th March to 1st April 2008

Presentation on “ Vietnam Tax and Transfer Pricing” in Seminar in Singapore, organized by Fortress Intelligence, 17th March 2008

Presentation on “Capital & Finance” in Seminar in Ho Chi Minh City, organized by IRVING Seminar & Training, 21st to 22nd February 2008

Presentation on “An introduction to Vietnam’s labor law- Law and Practice” in Seminar in Singapore, organized by Fortress Intelligence from 17th to 18th January 2008

Presentation on “Trade Registration- German and European Law” in Seminar in Ho Chi Minh City, organized by KAS Vietnam, 5th to 8th December 2007

Presentation on “ Latest Assessment of the Legal Framework for infrastructure and impact on IPP developments in Vietnam” and chairing the 10th Vietnam/ Mekong OGP Summit, organized by Centre for Management Technology in Hanoi, 27th- 28th November, 2007

Presentation on “ Land Classification, Zoning and Builing Permits” in Ho Chi Minh City, organized by IRVING Seminars on 16th November, 2007

Presentation on “ Harmonization of Economic and Trade Law” , seminar in Halong organized by Konrad- Adenauer Stiftung (KAS), October 30th, 2007

Presentation regarding Trading Branches and Freight Tax on behalf of EuroCham in the Vietnam Business Forum, Hanoi, December 13, 2006

Presentation regarding Vietnam's WTO accession, seminar organized by Eurocham, Ho Chi Minh City, December 6, 2006

Presentation regarding Vietnam's WTO accession, seminar in Zurich and Geneva organized by the Swiss-Asian Chamber of Commerce for ASEAN and Korea, November 22-24, 2006

Presentation regarding Vietnam's WTO accession, seminar in Bonn organized by the Regional Development Policy South-East Asia Federal Ministry for Economic Cooperation and Development (BMZ), November 21, 2006

"Chancen und Hemmnisse fuer auslaendische Beteiligungen im Infrastrukturbereich," Außenwirtschaftskonferenz Berlin-Brandenburg 2006, organized by Außenwirtschaft Beraterin Asien & Pazifik, Berlin, November 16, 2006

Presentation on enforceability of rights in Vietnam including bankruptcy and insolvency practices in the seminar re Aon Trade Credit Asia, 8th Annual Conference, Hanoi Hilton Hotel, Hanoi, Vietnam, October 17, 2006

Presentation on "Vietnam's Post-accession action plan" within the seminar in "Towards the Establishment of a WTO Training Program" in the University of Social Sciences and Humanities, Vietnam, September 20, 2006

"Corporate Governance - Principles and Implementation in Vietnam," at the seminar "Developing corporate governance models towards international best principles and practices" within the Vietnam -EU Business Forum (VEUBF), sponsored and supported by HSBC, State Bank of Vietnam Vietcombank, Hanoi, Vietnam, September 11, 2006

"Significance of the Permanent Establishment Concept," seminar on permanent establishments and Tax & Trusts Training Course, organized by Baker & McKenzie in cooperation with Tax Executives Institute (TEI), Singapore, September 6, 2006

"WTO & its impact to supply chain, transport market, retailing, trading," for foreign companies in Ho Chi Minh City, organized by Cartridge World (VN), Co. Ltd., September 2, 2006

Presentation on roadmap for foreign enterprises to invest in Telecom, Banking, Financial and Professional Services after Vietnam's WTO-Accession, organized by Eurocham, Hanoi, June 22, 2006

Presentation on Vietnam's new Enterprise and Investment Law for German Business Association, Ho Chi Minh City, June 14, 2006

Speech and discussion about investment in infrastructure and power projects in Vietnam in the session "The Enabling Environment for PPP in Viet Nam" within the Workshop "Public Private Partnerships (PPPs) to deliver essential infrastructure services to the poor in Vietnam" organized by the Asian Development Bank (ADB), Vietnam Resident Mission, Hanoi, June 12, 2006

Address on draft implementing decree of the investment law on behalf of Eurocham in the Vietnam Business Forum (VBF), organized by the International Finance Corporation (IFC), the Ministry of Planning and Investment and World Bank, June 5, 2006

"Comparative Study of GST/VAT Regimes in Vietnam" and "Roundup of GST/VAT Developments in Vietnam" First Annual Asia Pacific GST/VAT Conference, Singapore, 22-23 May 2006

Spoke regarding draft decree on BOT in the Vietnam Business Forum, meeting on power organized by the World Bank/ IFC, May 16, 2006

"Overview of Methods of Alcohol Taxation: Ad Valorem & Specific Tax," "Specific Tax: How can it be used?" "Case Study: Dominican Republic," "Case Study: Hong Kong," "Case Study: Colombia," presentations in Vietnamese language at the seminar "Alcohol Excise Tax in Vietnam" co-organized by Eurocham and Ministry of Finance of Vietnam, April 27, 2006

"World Trade Organization - What is it and what will it mean for you?," seminar regarding "The membership of Vietnam to the WTO and their implication on the provinces, held by National Academy of Public Administration (NAPA) and Konrad-Adenauer-Stiftung (KAS), Hanoi, April 4, 2006

"Equitization/Privatization - German experiences," seminar on Vietnam entering the WTO: Transformation of state-owned enterprises in Vietnam organized by Vietnam National University and KAS, Hanoi, March 28, 2006

Presentation on IPR, General overview of the current state of law, Vietnam's accession to Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, International Convention for the Protection of Plant Varieties (UPOV), Border Enforcement, Procedure to request provisional suspension, Customs Procedures in case of Detection of Infringement on behalf of the European Chamber of Commerce in Vietnam in the Seminar and Exhibition on "IPR: Powering SMEs", organized by the EC-ASEAN Intellectual Property Rights Co-operation Programme (ECAP II) in coordination with the National Office of Intellectual Property of Vietnam (NOIP) and the European Chamber of Commerce in Vietnam, at Sheraton Hanoi Hotel, Vietnam, March 16-17, 2006

"Legal Enforcement and Execution: German and European Law, Enforcement of Civil Courts' Decisions and Penal Enforcement," organized by KAS - MOJ, explanation in Vietnamese language and training in these issues, Nha Trang, Vietnam, March 13-16, 2006

Presentation on Common Investment Law and Unified Enterprise Law - Impacts on Vietnamese and Foreign Investors for EU Economic and Commercial Counsellors in 20 EU Embassies in Hanoi, organized by the Austrian Embassy, March 7, 2006

Presentation on the Asean China Free Trade Agreement for the delegation of the German Industrial Chamber of Commerce in Berlin, in Hanoi, February 6, 2006

"Contract Manufacturing And Tolling Agreements," 21st Annual Asia Pacific Tax Conference, Hong Kong, November 18, 2005

"BOT Projects - Tax Issues of Vietnam," 21st Annual Asia Pacific Tax Conference, Hong Kong, November 17, 2005

"Vietnam, WTO und ASEAN - Neue Perspektiven fuer Investoren," workshop on foreign direct investment, Investitionsklima und Wertschöpfungsketten, Asian Pacific Week Berlin 2005, September 26, 2005

Presentation to the real estate drafting committee of the National Assembly of Vietnam on German Real Estates Laws and Taxation Principles of Real Estate in Germany, August 14-15, 2005

Presentation on anti-counterfeiting in Vietnam and anti money laundering regulations and implementation in Vietnam at meeting with EU economic counselors, Dutch Embassy, June 2005

"Investing in Vietnam and major issues for Vietnam in its accession procedure to WTO," presentation to delegates of the German Parliament (Bundestag) at German Embassy, May 17, 2005

Presented the comments of the Vietnam Business Forum and Eurocham to the second draft of the Unified Enterprise Law (UEL) and the eighth draft of the Common Investment Law (CIL) to the drafting committee and legal department of the Ministry of Planning and Investment in Hanoi, May 16, 2005

"Fuel Choice in Asia" and chair of the "Renewable Energy" session, Power Conference 2005 in Singapore, March 1-4, 2005

"Law and Power - Challenges of a Globalized Economy," DAAD-Alumni Seminar for Legal Studies in Bangkok, November 20-21, 2004

"Outsourcing in Vietnam: Tax Issues" and "Tax Incentives for Manufacturing in Vietnam", Asia Pacific Tax Conference, Singapore, November 5, 2004

Presentation on Infrastructure Opportunities, Vietnam Investment Roundtable, Vietnam calling: open for business, organized by The Economist, Ho Chi Minh City, July 6-7, 2004

Moderator of panel regarding Phu My 3 - an update on the largest power endeavour in Vietnam, the 7th Annual Asia Power Conference, Singapore, February 10-13, 2004

"Cross-Border Chattel Hirings - Tax And VAT/GST Implications", Asia Pacific Tax Conference, Ho Chi Minh City, Vietnam, November 7, 2003

"Encouragement of Small and Medium Enterprises in Vietnam" breakfast meeting for the delegation of the German Chancellor, Mr. Gerhardt Schroeder, with the Federal Minister of Economy, Mr. Clement, and the CEO of Siemens AG, Mr. v. Pierer, as well as the CEO of Daimler-Chrysler of Vietnam, Mr. Rapp, and other representatives of German companies, May 2003

"Foreign Investment Climate and Opportunities in Vietnam," co-organized by the Board of Investment of Thailand and the Ministry of Planning and Investment of Vietnam, Bangkok, Thailand, March 2003

"Changes in the taxation system in Vietnam in 2002 and VAT on Cross-border Intra-group Services," Asia Pacific Tax Conference, Shanghai, China, November 2002

"Foreign Direct Investment - The Legal Environment," co-hosted by the State Bank of Vietnam and International Monetary Fund, Hanoi, August 2002

"Dispute Settlement in the WTO - Antidumping measures in WTO/Vietnam", organized in co-ordination of Ministry of Trade of Vietnam, Vietnam Chamber of Commerce and Industry and Baker & McKenzie, with participation of more than 200 Vietnamese enterprises, Hanoi, July 2002

"Investment Opportunities in Vietnam and WTO Accession," Asian Pacific Conference, held by German Chamber of Commerce, Japan, July 2002

"Vietnam's Infrastructure, Energy, Oil and Gas", Vietnam Investment and Trade 2002 Conference, held by Dataconsult and US-ASEAN Business Council in New World Hotel, Ho Chi Minh City, April 2002

"Legal Considerations on Gas Projects in Vietnam", Vietnam Gas Conference, organized by the Asia Business Forum, Singapore, October 2001

"BOT Power Plant Projects in Vietnam," a significant presentation after helping close a successful deal of the first BOT power plant project in Vietnam, hosted by the European Chamber Of Commerce, the American Chamber Of Commerce, the British Business Group, the Canada - Vietnam Business Association and the Overseas Vietnamese Business Association, Saigon, 27 September 2001

"US-VN Trade Agreement", German Business Association, Ho Chi Minh City, October 1999

Presentation on arbitration in Vietnam in International Arbitration Seminar, Bangkok, September 1999

"International Arbitration in the Euro Tap - Viet Conference", Ho Chi Minh City, April 1999

Oliver Massmann, Partner
Duane Morris Vietnam LLC
Pacific Place
Unit V1308, 13th Floor
83B Ly Thuong Kiet Street
Hoan Kiem District, Hanoi
Vietnam

Phone: 84.4.3946.2205
Fax: 84.4.3946.1311
Email: omassmann@duanemorris.com

Oliver Massmann


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