Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solu...Dr. Oliver Massmann
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solutions for Investment and Outlook on the Major Trade Deals CPTPP, EUVNFTA and the EU Vietnam Investment Protection Agreement (IPA)
LAWYER IN VIETNAM DR. OLIVER MASSMANN - VIETNAM – WHY YOU SHOULD INVEST IN RE...Dr. Oliver Massmann
Vietnam has great potential for renewable energy investment due to its natural resources like abundant sunlight and long coastline. The government is encouraging renewable energy development by establishing favorable policies like feed-in tariffs and power purchase agreements. Major trade agreements provide protections for foreign investors in Vietnam's energy sector through commitments on government procurement and investor-state dispute settlement mechanisms. Renewable energy such as solar, wind, waste-to-energy and hydrogen present opportunities to meet Vietnam's growing energy needs while reducing environmental impacts.
Vietnam has significant natural gas reserves and is seeking to increase investment in liquefied natural gas (LNG) infrastructure to meet its growing energy needs and transition to cleaner sources of energy. The government has set targets to increase gas and oil in the energy mix and import between 1 to 10 billion cubic meters of LNG annually by 2035 through new LNG terminals, pipelines, and gas-fired power plants. Foreign investors can own up to 100% of LNG projects in Vietnam and benefit from various tax incentives. However, the legal and regulatory framework is still developing, and projects require navigating several approval processes across development, construction, and operation.
Duane Morris is an international law firm with offices around the world including Vietnam. The presentation discusses Vietnam's energy sector and policies around solar power. Vietnam aims to increase renewable energy to 29% of total capacity by 2030. The government's current policies include ending feed-in tariffs for new solar projects and implementing a competitive bidding process instead. Direct power purchase agreements between generators and customers are also being piloted. The presentation provides recommendations for foreign investors looking to develop solar power projects in Vietnam.
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS -GETTING DEALS DONE!Dr. Oliver Massmann
This document discusses Vietnam's renewable energy sector and policies supporting wind energy development. It provides an overview of Vietnam's economy, energy sector, and potential for renewable energy. Key points include Vietnam's strong economic growth and increasing foreign investment. The government supports expanding renewable energy, including a target of 6,000MW of installed wind power capacity. The document reviews policies like feed-in tariffs and power purchase agreements to promote wind projects. However, challenges remain around ensuring stable power prices and offtake from the grid. International trade agreements are hoped to provide further legal protections for renewable investors.
VIETNAM – GOVERNMENT CARRIES OUT COMPREHENSIVE INSPECTION OF ALL ENERGY PROJE...Dr. Oliver Massmann
The Vietnamese government will conduct a comprehensive inspection of all energy projects developed between 2011 and 2021. This includes projects outlined in the national electricity development plans for those time periods. The inspection will focus on compliance with policies and laws in managing and constructing the projects. It will occur over 85 working days and involve provincial governments and energy agencies. The results will inform the finalization of the national power development plan for 2022-2030, which is still being reviewed and amended despite several government meetings in 2021. Projects deemed noncompliant may face penalties, including removal from planning.
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solu...Dr. Oliver Massmann
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solutions for Investment and Outlook on the Major Trade Deals CPTPP, EUVNFTA and the EU Vietnam Investment Protection Agreement (IPA)
LAWYER IN VIETNAM DR. OLIVER MASSMANN - VIETNAM – WHY YOU SHOULD INVEST IN RE...Dr. Oliver Massmann
Vietnam has great potential for renewable energy investment due to its natural resources like abundant sunlight and long coastline. The government is encouraging renewable energy development by establishing favorable policies like feed-in tariffs and power purchase agreements. Major trade agreements provide protections for foreign investors in Vietnam's energy sector through commitments on government procurement and investor-state dispute settlement mechanisms. Renewable energy such as solar, wind, waste-to-energy and hydrogen present opportunities to meet Vietnam's growing energy needs while reducing environmental impacts.
Vietnam has significant natural gas reserves and is seeking to increase investment in liquefied natural gas (LNG) infrastructure to meet its growing energy needs and transition to cleaner sources of energy. The government has set targets to increase gas and oil in the energy mix and import between 1 to 10 billion cubic meters of LNG annually by 2035 through new LNG terminals, pipelines, and gas-fired power plants. Foreign investors can own up to 100% of LNG projects in Vietnam and benefit from various tax incentives. However, the legal and regulatory framework is still developing, and projects require navigating several approval processes across development, construction, and operation.
Duane Morris is an international law firm with offices around the world including Vietnam. The presentation discusses Vietnam's energy sector and policies around solar power. Vietnam aims to increase renewable energy to 29% of total capacity by 2030. The government's current policies include ending feed-in tariffs for new solar projects and implementing a competitive bidding process instead. Direct power purchase agreements between generators and customers are also being piloted. The presentation provides recommendations for foreign investors looking to develop solar power projects in Vietnam.
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS -GETTING DEALS DONE!Dr. Oliver Massmann
This document discusses Vietnam's renewable energy sector and policies supporting wind energy development. It provides an overview of Vietnam's economy, energy sector, and potential for renewable energy. Key points include Vietnam's strong economic growth and increasing foreign investment. The government supports expanding renewable energy, including a target of 6,000MW of installed wind power capacity. The document reviews policies like feed-in tariffs and power purchase agreements to promote wind projects. However, challenges remain around ensuring stable power prices and offtake from the grid. International trade agreements are hoped to provide further legal protections for renewable investors.
VIETNAM – GOVERNMENT CARRIES OUT COMPREHENSIVE INSPECTION OF ALL ENERGY PROJE...Dr. Oliver Massmann
The Vietnamese government will conduct a comprehensive inspection of all energy projects developed between 2011 and 2021. This includes projects outlined in the national electricity development plans for those time periods. The inspection will focus on compliance with policies and laws in managing and constructing the projects. It will occur over 85 working days and involve provincial governments and energy agencies. The results will inform the finalization of the national power development plan for 2022-2030, which is still being reviewed and amended despite several government meetings in 2021. Projects deemed noncompliant may face penalties, including removal from planning.
VIETNAM – ROOFTOP SOLAR POWER - NEW PROPOSALS ON THE DEVELOPMENT OF ROOFTOP S...Dr. Oliver Massmann
The Ministry of Industry and Trade in Vietnam has submitted a draft decision to the Prime Minister proposing mechanisms to develop rooftop solar power projects. Key provisions include that systems must be installed on rooftops and be under 1 MW in capacity. Electricity can be sold to the national grid operator EVN or other organizations through a standard power purchase agreement lasting 20 years. The draft sets proposed feed-in tariff rates for projects coming online in 2021, with rates varying from 5.89 to 6.84 US cents per kWh based on system size. Rates for future years would require further approval. Systems over 100 kWp must self-consume at least 20% of monthly generation.
Draft Decision on Supporting Regime for Solar Power Projects Dr. Oliver Massmann
Vietnam has strong potential for solar power due to its high levels of sunlight. To encourage investment in solar projects, the Vietnamese government is proposing incentives including tax exemptions, import duty waivers, and preferential land use rights. The draft decision establishes Electricity of Vietnam as the sole off-taker of solar power at feed-in tariff rates that are currently lower than neighboring countries but may be increased. These incentives aim to attract more foreign investment and help Vietnam develop its solar energy sector.
Lawyer in Vietnam Oliver Massmann - Investing in Renewable Energy - getting D...Dr. Oliver Massmann
The document discusses the potential and legal framework of renewable energy in Vietnam. It outlines that Vietnam has significant potential for renewable energy sources like hydro, biomass, wind, and solar power. However, renewable energy currently accounts for a small portion of Vietnam's energy mix. The document also summarizes Vietnam's policies supporting renewable energy development, including feed-in tariffs for wind, biomass, and solar power. It notes issues with the current solar power power purchase agreement template not being bankable. The presentation provides recommendations for foreign investors, including using public-private partnerships and focusing on off-grid areas.
VIETNAM - ENERGY SECTOR - DIRECT AWARDS OF PUBLIC PROCUREMENT PROJECTS AND TH...Dr. Oliver Massmann
Vietnam's energy sector is growing significantly to meet rising demand. Power projects can be directly awarded without a government tender under certain conditions, such as when there is only one registered investor or the investor proposes the highest feasibility. Direct appointment of a contractor also applies in specific cases like force majeure events or when confidentiality is required. The Trans-Pacific Partnership Agreement aims to increase transparency in government procurement by requiring timely publication of tender information and objective evaluation criteria. It also establishes procedures for investors to settle disputes with host states through arbitration.
Lawyer in Myanmar Oliver Massmann Solar Power Projects - The BasicsDr. Oliver Massmann
Myanmar's solar market is largely untapped, with only 26% of the country having access to electricity currently. However, Myanmar will develop the world's third largest solar power plant within 21 months, providing an additional 210 megawatts of power. The regulatory framework for solar is limited and there are no upcoming changes anticipated. The market faces challenges of poor infrastructure and difficulties with project financing, but overcoming these barriers could provide opportunities for investors.
VIETNAM – DIRECT POWER PURCHASE AGREEMENT MECHANISM IS UNDERWAYDr. Oliver Massmann
The Vietnamese Ministry of Industry and Trade has published a draft circular to pilot a direct power purchase agreement (DPPA) mechanism. The pilot program allows renewable energy generators (GENCOs) to directly negotiate and sell electricity to commercial and industrial consumers. The pilot will have a maximum capacity of 1,000 MW across various projects, with each project having a minimum capacity of 30 MW. GENCOs and consumers can agree upon a fixed electricity price and output levels in the DPPA contract. The draft circular outlines eligibility requirements for GENCOs and consumers to participate. It also provides guidance on contract terms and templates. If finalized, the DPPA mechanism could help guarantee revenue for developers and provide more flexible terms compared to Vietnam's existing
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
VIETNAM TO IMPLEMENT DIRECT POWER PURCHASE MECHANISM AFTER 2021Dr. Oliver Massmann
Vietnam will implement a direct power purchase mechanism after 2021 to allow renewable energy generators to directly sell electricity to commercial and industrial consumers through long-term bilateral contracts. This mechanism aims to help corporations manage energy costs and support renewable energy development. The pilot program will select up to 1 GW of existing wind and solar projects 30 MW or larger that have power purchase agreements with commercial consumers. The Ministry of Industry and Trade is reviewing feedback on the draft decree and aims to approve the program by the end of 2021.
The Vietnamese government has encouraged wind power development in recent years. However, the Ministry of Industry and Trade has now suspended appraisal of new wind power projects due to constraints on the national power grid. Over 6,000 MW of proposed new wind projects were pending appraisal. The suspension will allow Vietnam to complete its 2021-2030 national electricity plan without overloading the grid. Local governments must now review site planning for approved wind farms, without submitting new projects for consideration until further notice.
VIETNAM—POWER, ENERGY, AND THE AFFECT OF RECENT TRADE AGREEMENTS EU VIETNAM F...Dr. Oliver Massmann
VIETNAM—POWER, ENERGY, AND THE AFFECT OF RECENT TRADE AGREEMENTS EU VIETNAM FREE TRADE AND INVESTMENT PROTECTION AGREEMENT AND THE COMPREHENSIVE AND PROGRESSIVE TRANS PACIFIC PARTNERSHIP AGREEMENT
Lawyer in Vietnam Dr. Oliver Massmann - Vietnam - Wind Investment GuideDr. Oliver Massmann
Vietnam has significant wind energy potential and the government has set a target of 19 GW of installed wind capacity by 2030. This investment guide explores opportunities and challenges in Vietnam's wind energy market from commercial, legal, and regulatory perspectives. Key challenges include terms of the standard power purchase agreement that allocates risks unfavorably to investors, lack of grid infrastructure, and complex regulatory approval processes. However, Vietnam also offers incentives like tax exemptions and land lease fee waivers to attract investment in wind energy development.
The document discusses renewable energy opportunities in Vietnam, specifically wind and solar power projects. It provides background on Vietnam's economy and energy sector, current government policies supporting wind and solar, and recommendations for foreign investors. The key points are that Vietnam aims to significantly increase renewable energy production by 2030. The government offers financial incentives for wind and solar projects and has feed-in tariffs, but is transitioning to an auction system for determining power purchase agreements.
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS - GETTING DEALS DONEDr. Oliver Massmann
The document is a presentation about renewable energy opportunities in Vietnam. It provides an overview of Vietnam's economy and energy sector, highlighting the potential for wind and solar power. Specific policies supporting wind energy development are discussed, including feed-in tariffs for onshore and offshore wind projects. Current wind projects that have signed power purchase agreements are summarized. Considerations for developing wind and solar projects in Vietnam are also presented.
VIETNAM – WIND POWER BREAKING NEWS – NEW MODEL POWER PURCHASE AGREEMENT OUT –...Dr. Oliver Massmann
- Vietnam's Ministry of Industry and Trade recently released a new circular and power purchase agreement (PPA) templates for wind energy projects.
- However, the new PPA templates provide little improvement over previous versions and still leave investors facing serious risks around lack of compensation for interruptions, force majeure conditions, and dispute resolution options.
- While the new PPA confirms feed-in tariffs for wind projects until 2021 and addresses exchange rate fluctuations, major concerns remain around risks being transferred to producers for issues outside their control like transmission breakdowns.
The Vietnamese government is developing a new auction system to select solar power project investors and set electricity prices after 2021. A draft decision outlines plans to organize bidding processes every two years based on renewable energy development plans. Notable points include investor eligibility requirements, power purchase agreements lasting 20 years, project delay penalties, and bid security equal to 0.5% of total investment. The auction system aims to quickly develop renewable energy like solar to address power shortages, with a target of 40GW of solar capacity by 2045.
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF ...Dr. Oliver Massmann
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF LEGAL CERTAINTY AND BANKABILITY UNDER EU-VN INVESTMENT PROTECTION AGREEMENT (“EVIPA”) AND COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP (“CPTPP”)
VIETNAM – WATER PROJECTS – LAWS ON PUBLIC PRIVATE PARTNERSHIPS – GLOBAL WATER...Dr. Oliver Massmann
The new PPP law in Vietnam encourages foreign investment in water projects like wastewater treatment in several ways: it protects lenders' rights, provides clear investment incentives like land access, and establishes mechanisms for managing revenue risks and foreign currency. These wastewater treatment projects have been driven by environmental law changes and public needs, as Vietnam's population growth exceeds treatment capacity. Past projects primarily used a build-transfer or build-operate-transfer structure, and future projects are likely to be publicly procured by provincial authorities on that same model according to the expert interviewed.
Letter to Mr. Donald Trump - Trans-Pacific Partnership – Don’t drop your Slic...Dr. Oliver Massmann
Letter to Mr. Donald Trump - Trans-Pacific Partnership – Don’t drop your Slice of the Pie
From Oliver Massmann – General Director of Duane Morris Vietnam LLC
The document discusses trade issues between China and the U.S., specifically in the apparel industry. It notes rising costs and fabric availability issues in China that are forcing companies to consider other production locations. Intellectual property protection and cybersecurity are also areas of concern. The Trans-Pacific Partnership agreement could help address some issues if ratified, as it aims to boost both countries' economies and investment. Proponents argue it could increase U.S. income and exports while creating over 1 million jobs. However, some worry previous trade deals led to outsourcing and job losses for American workers.
VIETNAM – ROOFTOP SOLAR POWER - NEW PROPOSALS ON THE DEVELOPMENT OF ROOFTOP S...Dr. Oliver Massmann
The Ministry of Industry and Trade in Vietnam has submitted a draft decision to the Prime Minister proposing mechanisms to develop rooftop solar power projects. Key provisions include that systems must be installed on rooftops and be under 1 MW in capacity. Electricity can be sold to the national grid operator EVN or other organizations through a standard power purchase agreement lasting 20 years. The draft sets proposed feed-in tariff rates for projects coming online in 2021, with rates varying from 5.89 to 6.84 US cents per kWh based on system size. Rates for future years would require further approval. Systems over 100 kWp must self-consume at least 20% of monthly generation.
Draft Decision on Supporting Regime for Solar Power Projects Dr. Oliver Massmann
Vietnam has strong potential for solar power due to its high levels of sunlight. To encourage investment in solar projects, the Vietnamese government is proposing incentives including tax exemptions, import duty waivers, and preferential land use rights. The draft decision establishes Electricity of Vietnam as the sole off-taker of solar power at feed-in tariff rates that are currently lower than neighboring countries but may be increased. These incentives aim to attract more foreign investment and help Vietnam develop its solar energy sector.
Lawyer in Vietnam Oliver Massmann - Investing in Renewable Energy - getting D...Dr. Oliver Massmann
The document discusses the potential and legal framework of renewable energy in Vietnam. It outlines that Vietnam has significant potential for renewable energy sources like hydro, biomass, wind, and solar power. However, renewable energy currently accounts for a small portion of Vietnam's energy mix. The document also summarizes Vietnam's policies supporting renewable energy development, including feed-in tariffs for wind, biomass, and solar power. It notes issues with the current solar power power purchase agreement template not being bankable. The presentation provides recommendations for foreign investors, including using public-private partnerships and focusing on off-grid areas.
VIETNAM - ENERGY SECTOR - DIRECT AWARDS OF PUBLIC PROCUREMENT PROJECTS AND TH...Dr. Oliver Massmann
Vietnam's energy sector is growing significantly to meet rising demand. Power projects can be directly awarded without a government tender under certain conditions, such as when there is only one registered investor or the investor proposes the highest feasibility. Direct appointment of a contractor also applies in specific cases like force majeure events or when confidentiality is required. The Trans-Pacific Partnership Agreement aims to increase transparency in government procurement by requiring timely publication of tender information and objective evaluation criteria. It also establishes procedures for investors to settle disputes with host states through arbitration.
Lawyer in Myanmar Oliver Massmann Solar Power Projects - The BasicsDr. Oliver Massmann
Myanmar's solar market is largely untapped, with only 26% of the country having access to electricity currently. However, Myanmar will develop the world's third largest solar power plant within 21 months, providing an additional 210 megawatts of power. The regulatory framework for solar is limited and there are no upcoming changes anticipated. The market faces challenges of poor infrastructure and difficulties with project financing, but overcoming these barriers could provide opportunities for investors.
VIETNAM – DIRECT POWER PURCHASE AGREEMENT MECHANISM IS UNDERWAYDr. Oliver Massmann
The Vietnamese Ministry of Industry and Trade has published a draft circular to pilot a direct power purchase agreement (DPPA) mechanism. The pilot program allows renewable energy generators (GENCOs) to directly negotiate and sell electricity to commercial and industrial consumers. The pilot will have a maximum capacity of 1,000 MW across various projects, with each project having a minimum capacity of 30 MW. GENCOs and consumers can agree upon a fixed electricity price and output levels in the DPPA contract. The draft circular outlines eligibility requirements for GENCOs and consumers to participate. It also provides guidance on contract terms and templates. If finalized, the DPPA mechanism could help guarantee revenue for developers and provide more flexible terms compared to Vietnam's existing
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
VIETNAM TO IMPLEMENT DIRECT POWER PURCHASE MECHANISM AFTER 2021Dr. Oliver Massmann
Vietnam will implement a direct power purchase mechanism after 2021 to allow renewable energy generators to directly sell electricity to commercial and industrial consumers through long-term bilateral contracts. This mechanism aims to help corporations manage energy costs and support renewable energy development. The pilot program will select up to 1 GW of existing wind and solar projects 30 MW or larger that have power purchase agreements with commercial consumers. The Ministry of Industry and Trade is reviewing feedback on the draft decree and aims to approve the program by the end of 2021.
The Vietnamese government has encouraged wind power development in recent years. However, the Ministry of Industry and Trade has now suspended appraisal of new wind power projects due to constraints on the national power grid. Over 6,000 MW of proposed new wind projects were pending appraisal. The suspension will allow Vietnam to complete its 2021-2030 national electricity plan without overloading the grid. Local governments must now review site planning for approved wind farms, without submitting new projects for consideration until further notice.
VIETNAM—POWER, ENERGY, AND THE AFFECT OF RECENT TRADE AGREEMENTS EU VIETNAM F...Dr. Oliver Massmann
VIETNAM—POWER, ENERGY, AND THE AFFECT OF RECENT TRADE AGREEMENTS EU VIETNAM FREE TRADE AND INVESTMENT PROTECTION AGREEMENT AND THE COMPREHENSIVE AND PROGRESSIVE TRANS PACIFIC PARTNERSHIP AGREEMENT
Lawyer in Vietnam Dr. Oliver Massmann - Vietnam - Wind Investment GuideDr. Oliver Massmann
Vietnam has significant wind energy potential and the government has set a target of 19 GW of installed wind capacity by 2030. This investment guide explores opportunities and challenges in Vietnam's wind energy market from commercial, legal, and regulatory perspectives. Key challenges include terms of the standard power purchase agreement that allocates risks unfavorably to investors, lack of grid infrastructure, and complex regulatory approval processes. However, Vietnam also offers incentives like tax exemptions and land lease fee waivers to attract investment in wind energy development.
The document discusses renewable energy opportunities in Vietnam, specifically wind and solar power projects. It provides background on Vietnam's economy and energy sector, current government policies supporting wind and solar, and recommendations for foreign investors. The key points are that Vietnam aims to significantly increase renewable energy production by 2030. The government offers financial incentives for wind and solar projects and has feed-in tariffs, but is transitioning to an auction system for determining power purchase agreements.
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS - GETTING DEALS DONEDr. Oliver Massmann
The document is a presentation about renewable energy opportunities in Vietnam. It provides an overview of Vietnam's economy and energy sector, highlighting the potential for wind and solar power. Specific policies supporting wind energy development are discussed, including feed-in tariffs for onshore and offshore wind projects. Current wind projects that have signed power purchase agreements are summarized. Considerations for developing wind and solar projects in Vietnam are also presented.
VIETNAM – WIND POWER BREAKING NEWS – NEW MODEL POWER PURCHASE AGREEMENT OUT –...Dr. Oliver Massmann
- Vietnam's Ministry of Industry and Trade recently released a new circular and power purchase agreement (PPA) templates for wind energy projects.
- However, the new PPA templates provide little improvement over previous versions and still leave investors facing serious risks around lack of compensation for interruptions, force majeure conditions, and dispute resolution options.
- While the new PPA confirms feed-in tariffs for wind projects until 2021 and addresses exchange rate fluctuations, major concerns remain around risks being transferred to producers for issues outside their control like transmission breakdowns.
The Vietnamese government is developing a new auction system to select solar power project investors and set electricity prices after 2021. A draft decision outlines plans to organize bidding processes every two years based on renewable energy development plans. Notable points include investor eligibility requirements, power purchase agreements lasting 20 years, project delay penalties, and bid security equal to 0.5% of total investment. The auction system aims to quickly develop renewable energy like solar to address power shortages, with a target of 40GW of solar capacity by 2045.
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF ...Dr. Oliver Massmann
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF LEGAL CERTAINTY AND BANKABILITY UNDER EU-VN INVESTMENT PROTECTION AGREEMENT (“EVIPA”) AND COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP (“CPTPP”)
VIETNAM – WATER PROJECTS – LAWS ON PUBLIC PRIVATE PARTNERSHIPS – GLOBAL WATER...Dr. Oliver Massmann
The new PPP law in Vietnam encourages foreign investment in water projects like wastewater treatment in several ways: it protects lenders' rights, provides clear investment incentives like land access, and establishes mechanisms for managing revenue risks and foreign currency. These wastewater treatment projects have been driven by environmental law changes and public needs, as Vietnam's population growth exceeds treatment capacity. Past projects primarily used a build-transfer or build-operate-transfer structure, and future projects are likely to be publicly procured by provincial authorities on that same model according to the expert interviewed.
Letter to Mr. Donald Trump - Trans-Pacific Partnership – Don’t drop your Slic...Dr. Oliver Massmann
Letter to Mr. Donald Trump - Trans-Pacific Partnership – Don’t drop your Slice of the Pie
From Oliver Massmann – General Director of Duane Morris Vietnam LLC
The document discusses trade issues between China and the U.S., specifically in the apparel industry. It notes rising costs and fabric availability issues in China that are forcing companies to consider other production locations. Intellectual property protection and cybersecurity are also areas of concern. The Trans-Pacific Partnership agreement could help address some issues if ratified, as it aims to boost both countries' economies and investment. Proponents argue it could increase U.S. income and exports while creating over 1 million jobs. However, some worry previous trade deals led to outsourcing and job losses for American workers.
The economic competition between US and China increases with time. United States companies are looking for to depend less in China for its production and are setting up operations in other countries. One trend is to bring production close to home, in what is known as “nearshoring”. The advantage to this is that as their operation are near home, the time and cost of bringing the goods to the US market is lower than bringing them from China.
This article will examine what are the opportunities that nearshoring can present for Peru, if Peru is prepared for that or has a plan for it, and if US government is approaching Peru government for that effect.
The High Stakes for the Trans-Pacific PartnershipLewis Leibowitz
The document discusses the Trans-Pacific Partnership (TPP) trade agreement and its high stakes. It argues that the TPP's success or failure will significantly impact geopolitics in the Asia-Pacific region by influencing China's economic engagement. Ratifying the TPP would strengthen U.S. leadership and establish enforceable rules on issues like intellectual property. While concerns over national sovereignty and job losses are valid, rejecting the TPP would not stop manufacturing declines and would cede influence to China without creating alternative rules. Overall, the TPP presents opportunities for U.S. businesses and workers through expanded markets, though progress may be incremental.
Canada's involvement in trans-pacific trade partnershipnikita kozlov
Canada's involvement in trans-pacific trade partnership. Presentation. Information was taken from special book about Canada in Trans-Pacific Trade Partnership...
For all those that missed out last month in Chicago, we’ve crafted a full round up of our 3PL Summit & CSCO Forum. There’s coverage of the major sessions at the event, as well as up-to-date market research on the latest trends set to impact the industry.
The document discusses the Trans-Pacific Partnership (TPP) trade agreement. It began as a smaller trade deal between Pacific nations but has expanded significantly. The TPP now includes 12 countries that make up 40% of global GDP. While negotiations have been secretive, provisions around reducing tariffs and harmonizing regulations are emerging. However, critics argue the TPP favors corporate interests over environmental and labor protections. Controversially, it also allows corporations to sue governments over policies that impact profits. Supporters believe the economic benefits of increased trade outweigh these concerns, but the full impacts remain uncertain.
It involves 12 countries: the US, Japan, Malaysia, Vietnam, Singapore, Brunei, Australia, New Zealand, Canada, Mexico, Chile and Peru.
The pact aims to deepen economic ties between these nations, slashing tariffs and fostering trade to boost growth.
Member countries are also hoping to foster a closer relationship on economic policies and regulation.
The agreement could create a new single market something like that of the EU.
Pretty big indeed. The 12 countries have a collective population of about 800 million - almost double that of the European Union's single market. The 12-nation would-be bloc is already responsible for 40% of world trade.
The deal is a remarkable achievement given the very different approaches and standards within the member countries, including environmental protection, workers' rights and regulatory coherence - not to mention the special protections that some countries have for certain industries
The survey asked C-Suite executives about the US presidential election, trade agreements, climate change policies, and assessments of the new Canadian federal government. Key findings include:
- The C-Suite prefers Hillary Clinton over Donald Trump for US President by a ratio of 3 to 1. They also support continuing work on the Trans-Pacific Partnership despite opposition from presidential candidates.
- Executives want more free trade agreements and increased labor mobility between Canada, the US, and Mexico. A majority also support free trade with China.
- Confidence in the Canadian economy is growing but most still expect only low GDP growth globally and in Canada over the next decade.
- The new federal government receives mixed assessments
This document summarizes the US-China Business Council's priorities for strengthening commercial relations between the United States and China in 2016. It calls for finalizing a high-standard bilateral investment treaty, reducing foreign ownership restrictions in China, prohibiting cyber-enabled commercial espionage, and ensuring national security exceptions are applied narrowly. It also emphasizes promoting a level playing field for all companies in China, maintaining high-level bilateral dialogues, and building confidence in the relationship through steps like confirming use of market economy methodology in trade cases.
This document discusses the potential effects of mega-regional trade agreements like the Trans-Pacific Partnership (TPP) on the global trading system and Latin America. It notes that the TPP could impact the trade and integration of non-member Latin American countries into the world economy. It also examines how China has become a major global economic force and considers its growing influence, including through initiatives that sometimes counterbalance actions by the United States. Latin American countries are discussed as facing choices between engaging more with Asia-Pacific versus Atlantic/European partners.
The document provides guidance on promoting business interests during negotiations of the US-Korea Free Trade Agreement (FTA). It outlines key factors for a successful FTA, including high-level political support, comprehensive negotiations, and avoiding issues that are too controversial. It recommends that businesses develop outreach strategies, monitor negotiations closely, and voice their priorities and needs to US and Korean government officials throughout the process.
1) The document discusses the need for improved policy coordination in several areas including the WTO Doha Round negotiations, climate change measures, and international development aid.
2) In the WTO, a lack of leadership from the US and tensions over agricultural subsidies have stalled negotiations, but a proposal for China and the US to make concessions could provide an opportunity.
3) There is a risk of emerging climate protectionism as countries consider border carbon taxes, which developing countries view as unfair, so monitoring tools are needed.
4) The fragmented international development aid system needs restructuring to be more effective and predictable, and agreements are needed with new donors like China on transparent approaches.
This document summarizes the US-China Business Council's (USCBC) Board of Directors' Statement of Priorities in the US-China commercial relationship. It identifies several priority issues to strengthen the relationship between the US and China, including finalizing a high-standard bilateral investment treaty, reducing foreign investment restrictions in China, prohibiting cyber-enabled commercial espionage, ensuring a level playing field for all companies in China, and improving transparency in areas such as antitrust reviews and rulemaking. The statement calls for both governments to work with business to address these issues and further expand the mutually beneficial commercial relationship.
Lawyer in Vietnam Dr. Oliver Massmann New Comprehensive and Progressive Agre...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann New Comprehensive
and Progressive Agreement for the Trans-Pacific Partnership
signed by Members States - WHAT IS IN FOR YOU?
The document provides an overview of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It discusses the origins of the TPP agreement and how 11 countries agreed to continue it as the CPTPP after the US withdrew. Key commitments in the CPTPP beyond the WTO include further reducing tariffs, opening markets in services and investment, establishing rules for e-commerce, government procurement, and an investor-state dispute settlement mechanism. The CPTPP will help Vietnam access larger markets and attract investment while restructuring its economy. It is expected to boost Vietnam's exports by over 37% until 2025 by lowering trade barriers.
- The C-Suite is concerned about anti-free trade rhetoric from US presidential candidates and wants lawmakers to continue supporting open trade policies.
- Executives strongly support expanding trade relationships and ratifying agreements like the TPP, while also strengthening ties with the US and Mexico through NAFTA.
- Views of the new Liberal government are mixed, with strong support for infrastructure spending but concerns about pipeline approvals and fiscal management.
The document argues that Congress should vote down the Trans-Pacific Partnership (TPP) agreement for three key reasons:
1. The TPP's intellectual property regulations would transform copyright laws in overbearing ways that criminalize ordinary digital and internet activities and jeopardize online privacy.
2. The TPP's labor standards would only marginally benefit American workers.
3. The TPP's environmental standards are poor and inadequate.
The document contends that these aspects of the TPP should make Congress hesitate to pass the agreement.
The US M&A market closed strongly in 2016 after a slow start, with the highest quarterly total of the year in Q4. Political uncertainty and regulatory challenges impacted activity early in the year. However, confidence increased following Trump's election on a pro-business agenda. Fundamental drivers like access to cheap financing and the need for growth through acquisition remained positive for dealmaking. Key deals demonstrated strategic consolidation in sectors like technology, energy and chemicals. Cross-border activity also remained strong, with the US remaining an attractive target for overseas acquirers.
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Letter to Mr. Joe Biden - Comprehensive and Progressive Agreement for Trans Pacific Partnership - Do not Drop your Slice of the Pie
1. Letter to Mr. Joe Biden
Comprehensive and Progressive Agreement for Trans-Pacific Partnership –
Do not Drop your Slice of the Pie
From Dr. Oliver Massmann – General Director of Duane Morris Vietnam LLC
Dear Mr. Biden,
With respect to your recent statement that you will rejoin the Paris Climate Agreement, we kindly
request you to also reconsider the possibility of your coming back to the CPTPP.
Dropping the CPTPP means that the U.S has lost access to government procurement of other
CPTPP countries, which amounts to USD 1.469 trillion. The high standard of the government
procurement chapter in the CPTPP can nowhere be found in existing international agreements.
Moreover, it could take the U.S another decade to reach a bilateral agreement with government
procurement standard as high as in the CPTPP. It is of utmost importance for the U.S to save time,
jobs, and of course, billions of dollars by rejoining the CPTPP instead of negotiating a new one.
We believe the following facts will help with your decision and clearly show how CPTPP would
help you to make America great again. What may interest you is the extremely high number of
government procurement in the CPTPP country members from which America could benefit.
As you may already know, the population of the CPTPP countries exceeds 513 million people as
of October 2020. The CPTPP countries account for 44.8 percent of U.S. total exports and 37.6
percent of U.S. general imports in 2014. By cutting over 18,000 taxes in regards to CPTPP, there
would be a great benefit for American im- and exporters by enabling them to enter new markets.
As the U.S. international trade commission estimates, the U.S. exports of goods and services to
the world would expand by USD27.2 billion by 2032 thanks to the CPTPP, while U.S. imports
would expand by USD48.9 billion.
In the following table, the data of each CPTPP country is listed to show you the procurement
market American investors may get access:
GDP (USD)
Government
procurement’s
percentage of GDP (%)
Total value of
Government
procurement (USD)
Australia 1.33 trillion 13.15 174,489,500,000
Brunei 10.65 billion 4.1 436,665,000
Canada 1.6 trillion 13.43 214,881,800,000
2. Chile 245.41 billion 2.9 7,116,890,000
Malaysia 336.33 billion 25 84,082,500,000
Mexico 1.04 trillion 5.16 53,664,600,000
New Zealand 193.55 billion 14.69 28,432,495,000
Peru 195.76 billion 17.6 34,453,376,000
Singapore 337.45 billion 10.25 34,588,625,000
Vietnam 340.6 billion 12 40,872,000,000
Japan 4.91 trillion 16.22 796,402,000,000
Note: Data taken in 2019 based on the IMF’s World Economic Outlook database, October 2019.
As shown above government procurement of the CPTPP states is $1.469 trillion in total!
How could America not want to get a slice of this fat pie?
The great advance of the CPTPP will be that even the three countries Vietnam, Malaysia and
Brunei which have not agreed to coverage of their government procurement ever before and are
currently not covered by an existing U.S. Free Trade Agreement or the Government Procurement
Agreement of the WTO (GPA), have undertaken to do so. This is a key export opportunity for U.S.
goods producers and services companies. Currently Chinese companies profit the most. 90% of
power, mining, manufacturing, ferrous and chemical projects of state-owned companies in
Vietnam are awarded to Chinese contractors. China State Construction Engineering Corp.
(CSCEC) keeps winning important contracts although it has a poor track record and has even been
blacklisted by the World Bank due to bribery charges. With CPTPP that market would be open to
US companies which probably would be welcomed.
Some Asian-Pacific and other countries have formal policies in place disadvantaging foreign
tenderers. CPTPP will make it possible for the first time that an American cooperation could sue
for example the Republic of Vietnam or Malaysia. The procedural and legal changes regarding
government procurement will enable U.S. exporters to reach markets that were closed before and
compete more effectively.
In addition Canada has agreed to replace the commitments in NAFTA and update them to the level
of CPTPP. The new level of GPA is based upon the WTO 2014 guidance and provides stronger
commitments than the NAFTA.
America cannot wait until bilateral agreements might be settled!
On 08 March 2018, the CPTPP was officially signed in Santiago, Chile. As international
agreements like NAFTA (4 years), COMESA (16 years) or SAFTA (9 years) require a lot of time
to be settled, bilateral agreements will do so as well. And there is no guarantee of success. In fact
3. it is rather unlikely. Countries like Malaysia, Brunei and Vietnam took huge steps by agreeing to
a regulation of government procurement. How long a bilateral agreement would take, may be
shown by the European Union - Vietnam Free Trade Agreement (EVFTA) which took 5 years to
reach the final negotiation. However, the EVFTA does not reach the standard of the CPTPP
regarding the Chapter on Government Procurement. The creation of a fair, transparent, predictable
and non-discriminatory market should not be postponed. The level of GPA might be as high as
never before. It is extremely unlikely that a better agreement could be negotiated but more likely
that the U.S. will be replaced by China or Russia. Japan’s Prime Minister Shinzō Abe already
stated that China would be a possible replacement. But not only Japan would turn towards China.
Negotiations of Australia, New Zealand, Vietnam, Malaysia, Singapore, Brunei regarding an FTA
with China already began. This is the time for the U.S. to take advantage of the CPTPP to create
an alternative economic power balance in Asia against China.
Skipping this agreement would cost America billions of money and would cut off American jobs.
Negotiating bilateral agreements would cost America many years, billions of Dollars and it is
highly unlikely that it would reach a GPA standard that would be even close to CPTPP.
Does the U.S. have time to wait to rejoin the CPTPP?
The answer is NO!
Sincerely,
Dr. Oliver Massmann
***
Please do not hesitate to contact the author Dr. Oliver Massmann under
omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of Duane Morris
Vietnam LLC, Member to the Supervisory Board of PetroVietnam Insurance JSC and the only
foreign lawyer presenting in Vietnamese language to members of the NATIONAL ASSEMBLY
OF VIETNAM.