- Asia
- Construction & Infrastructure
Penalties in Construction Contracts : An Unclear Question
According to Vietnam International Arbitration Center annual reports, about 15% of its total disputes involve construction contracts, among which, disputes in relation to penalties figure prominently; yet, the limit that applies to private-sector construction contract penalty rates remains controversial in Vietnam. It is of paramount importance to confirm the laws that govern a construction contract in Vietnam. Generally, the Law on Construction （the “LOC”） and relevant guiding legal documents of the LOC, as the specialized law that is intended to govern construction activities in Vietnam, applies first. A problem arises, however, where the LOC is silent on, or fails to elaborate, any matter. In principle, what law applies to such matter depends on the sector to which such...To read the article, please see the PDF file
Authors
Cao Tran Nghia has substantial experience as both in-house and outside counsel, and has worked at a leading law firm and a multinational investment fund in Vietnam. He joined Nishimura & Asahi in 2013, and since joining our firm, has provided legal advice to numerous domestic and multinational clients, including Vietnamese and Japanese corporations, with a focus on M&A, Real Estate, Construction, Infrastructure and PPP, and Energy in Vietnam. He works closely with clients’ business and legal teams to implement innovative solutions to legal challenges. He is a contributor to a number of legal magazines, and has co-authored several articles and publications on various topics.
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Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.