The New Housing Law – Opportunities for Foreigners to Own and Invest in Residential Condominiums and Villas in Vietnam

Date/Time
Date(s) - 16/12/2014
8:00 am - 10:30 am

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Location
New World Hotel Saigon

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Welcome and General Introduction, Fred Burke, Baker & McKenzie

History of the Home Sales Market in Vietnam, Peter Ryler, Indochina Land

The New Housing Law – How it changes the Pilot Program, Net Le, LNT & Partners

The Market: What’s the supply – demand balance?, Troy Griffiths, Savills Vietnam

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Event Description

Screen Shot 2014-12-21 at 6.50.31 PMVietnam is preparing to take a big step forward in opening its market to foreigners wishing to buy homes, second homes or investment properties here.  As of July 1, the  Housing Law’s new rules allowing foreign ownership of certain types of villas and condos will mark a significant advance from the past “pilot program” that offered more limited rights to foreign buyers.  Of course, there are important restrictions on such purchases, and many questions remain to be addressed in detailed implementing rules.  In the meantime, the move has already breathed new life into the troubled property market, introducing hopes of greater liquidity and a stronger market generally, with spin off benefits for the design and construction industry, management service providers, and financial institutions.  This seminar aims to bring the audience up to date on the key legal and commercial aspects of foreign property ownership, its impact on the Vietnam real estate market, real estate finance, and, looking forward, even to REITs and securitization of income producing properties in real estate funds.

Agenda

8:00 am Registration
8:30 am Welcome and General Introduction – Fred Burke, Baker & McKenzie, AmCham Board of Governors
8:40 am Peter Ryder, Indochina Land, AmCham Hanoi Chapter on the History of the Home Sales Market in Vietnam – Where we’ve come from, what’s the state of play before the introduction of the new rules? What is the status of various sales programs in existence – how have they fared? What kind of timeshare/pooling opportunities exist to enable investors/owners to maximize their returns?
9:05 am Le Net, LNT & Partners, The New Housing Law – How it changes the Pilot Program, main points of the law to consider. What are the main points on which the new law differs from the old pilot program? Where does it exceed expectations, and where has it fallen short?
9:20 am Troy Griffiths, Savills Vietnam, The Market: What’s the supply – demand balance? What kinds of products will be available – how does one know if a property is eligible for foreign ownership? How much pending demand is there in the market? From where and for what kinds of products? Where might this lead? At what stage of the market’s development would REITs become a realistic possibility?
9:35 am Panel Discussion, Q&A
10:30 am Event Ends

Costs

Members: VND 480,000 | Non-members: VND 630,000

Speakers

Fred BurkeMr. Frederick R. Burke
Managing Partner, Baker & McKenzie (Vietnam) Ltd., Ho Chi Minh City & Hanoi

Practice Areas: Property Development; Corporate & Commercial; Mergers and Acquisitions; Securities; Banking & Finance; Venture Capital and Private Equity.

Practice Description: Mr. Burke has twenty-three years’ experience in the planning, negotiation and operation of foreign investment projects in Vietnam and China, as well as in the related issues of property development, construction, securities, finance, taxation, labor, regulatory compliance and dispute resolution.

Education & Bar Admission: Mr. Burke graduated from the Stanford University with a Bachelor of Arts degree in 1981 (with honors); Columbia University School of International Affairs: Master of International and Public Affairs, 1986; and Columbia University School of Law: Juris Doctor, 1987. He is admitted to practice in New York (1987) and Washington, D.C. (1988).  He is a registered foreign lawyer in Vietnam (since 1996).

Peter R. RylerMr. Peter R. Ryder

Peter is the CEO of Vietnam-based Indochina Capital, one of Vietnam’s leading advisory, investment and real estate development companies (Indochina Land). Since Indochina Capital’s establishment in 1999, Mr. Ryder has focused on the company’s real estate activities but also played an active management role in the other aspects of the company’s business (advisory, equities, finance and renewable resources).

Indochina Land has developed a number of prominent commercial and residential projects in Saigon and Hanoi, including River Garden and Indochina Plaza Hanoi and several resort and residential developments along Vietnam’s pristine coast, most notably the renowned luxury resorts, The Nam Hai (Hoi An), Six Senses Con Dao, and the Hyatt Regency Danang Resort and Spa.

Peter has lived and worked in Vietnam for the last 23 years. Prior to forming Indochina Capital, from 1992 to1998, he was a partner in, and managed the investment activities of two US-incorporated investment companies and spearheaded the development of Hanoi’s premier commercial property, 63 Ly Thai To.

He was the chairman of the American Chamber of Commerce in Hanoi from 1999 to 2001 and served as a board member from 1995 to 2005.

Educated as an anthropologist/archaeologist, Peter received a Masters of Arts degree in Anthropology with a Mayan studies focus from the University of Pennsylvania in 1983.

Dr. Net Le

Dr. Net Le has long been recognized as one of the leading lawyers in Vietnam. He heads the firm’s Financial Service practice group, which is renowned for its capacity to tackle complex assignments, which is contributed to the Firm’s title Deal Firm of the Year 2014 by ALB Thomson Reuters. He is highly sought after by Japanese, European and U.S. financial institutions for his advice in complex transactions or capital raising projects. Net is also in charge of the firm’s Infrastructure practice group, having represented Vietnam government and multinational companies in significant infrastructure projects. He is also head of Tax practice group, which is ranked top tier by Legal500.

Dr. Le has been selected as a leading lawyer in the fields of project finance, international arbitration, and infrastructure by IFLR1000, Legal 500 and Chambers Global. In 2012, Dr. Le was awarded the title of “Lawyer of the Year” by Vietnam’s Ministry of Justice. He is a lecturer of civil law at the Ho Chi Minh City University of Law, and has authored textbooks that have been published abroad and in Vietnam. Dr. Le is also an arbitrator at the Vietnam International Arbitration Centre (VIAC). Prior to co-founding LNT & Partners, Net practiced at Baker & McKenzie. He obtained PhD in law at London School of Economics.

Troy GriffithsMr. Troy Griffiths
Deputy Managing Director

Fellow of the Australian Property Institute | Member Royal Institute of Chartered Surveyors | Certified Practising Valuer of the Ministry of Finance of Vietnam Master of Commerce | Associate Diploma in Valuation

Troy has in excess of 25 years property experience across all asset classes having previously practiced in Australia, NZ and the Pacific. He has a valuation background and specializes in Strategic Property Consultancy particularly favoring Development Advisory. He has advised most major developers in public and private practice in Australia, varying from Airport acquisitions and infrastructure development through to major long term urban renewal programs.

Troy has held Director level positions at several of Australia’s leading property firms, both independent and agency based. He has been an active member as a lecturer, mentor and committee member for many industry representative groups and institutions, including the Australian Property Institute, Property Council of Australia and the Urban Development Institute.
Troy is responsible for all Advisory Services throughout Vietnam and the region including Research, Valuation and Consulting. He has advised most major local and foreign investors in the Region property market.

Panelists

Gia Long NguyenMr. Gia Long Nguyen
Associate, Ho Chi Minh City, Vietnam

Practice Areas: Property Transactions, Mergers and Acquisitions, Corporate & Commercial.

Practice Description: Mr. Long has seven years’ experiences in the planning, negotiation and operation of foreign invested real estate projects, hotel management, real estate investment funds, and other related issues of property development.

Education & Bar Admittance: Mr. Long graduated with a LL.M. from TLBU Transnational Graduate School of Law, in 2007. He received his Bachelor’s Degree of Law from Hanoi Law University in 2005.  Mr. Nguyen is a fully qualified lawyer of the Hanoi Bar Association, and has also achieved his Certificate of Auctioneer.

Rahul ParrabMr. Rahul Parrab
Senior Associate,  Baker & McKenzie (Vietnam) Ltd., Ho Chi Minh City

Practice Areas: Rahul has particular expertise in advising local and international clients on the following types of transactions:

  • Hotel and tourism sales and acquisitions, including share and asset transactions
  • Hotel management agreements
  • Real estate sales and acquisitions, including for commercial, infrastructure and industrial real estate
  • Hotel development projects, joint ventures and financing arrangements
  • Mergers & acquisitions, including joint ventures and complex structuring
  • Property management and co-ownership arrangements
  • Real estate leasing
  • In advising clients, Rahul focuses on delivery of accurate, commercial and timely advice, along with project management of the transaction.

Practice Description: Rahul is a Senior Associate in Vietnam offices’ Property, M&A and HRT practices. He worked for years in the Structured Assets Group in Sydney, specializing in commercial real estate and hotels, resorts & tourism.  He advises on transactions, joint ventures and structuring and has a deep understanding of his clients’ businesses and their commercial and financial imperatives.  He strives to provide high quality and effective advice to his clients, while project managing the legal aspects of their transactions through to completion.

Publications, presentations and articles: Rahul has prepared various articles on hotel management agreements, real estate matters and liquor licensing and presented at industry events, most recently at the Australasian Hotel Industry Conference and Exhibition 2014 as a panelist.

Professional affiliations: Member, Law Society of New South Wales

Education and admission: University of Sydney, LLB, BAdvSc; admitted New South Wales (2004), High Court of Australia, (2009), Federal Court of Australia (2009).

Pro bono and community involvement: Rahul has assisted with various pro bono and community projects including for community legal services and not-for-profit organisations.

Binh TranMr. Thai Binh Tran

Mr. Thai Binh Tran heads LNT & Partners’ Real Estate & Infrastructure Practice Group, and brings with him more than 15 years of legal experience. Mr. Tran has advised clients on a wide variety of matters covering all aspects of the real estate industry, including real estate project development procedures, project implementation, land use rights and property ownership-related matters, property acquisition transactions and taxation matters.

Mr. Tran has been recognized for his involvement in the development of numerous prominent and successful projects in Vietnam, including the Saigon South New City Center, Nguyen Van Linh Highway, Crescent Mall, Dragon City, Sunrise City, Nhon Trach New City Center in Dong Nai Province, the Oasis Village in Binh Duong Province and Ecopark in Hung Yen Province (North Vietnam).

Prior to joining LNT & Partners, Mr. Tran previously acted as legal advisor for Vietnam Singapore Industrial Park Corporation and as general counsel for Phu My Hung Corporation. He is a co-founder of the firm.

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