Important Announcement – A New Beginning for EPLegal in 2026!

Dear Valued
Clients and Partners,

On the first day
of the New Year 2026, EPlegal would like to sincerely thank our valued Clients
and Partners for your continued support and trust over the past years. We
respectfully wish you, your families, and loved ones a prosperous, smooth, and
successful New Year 2026, and together with our country, continued growth and
advancement in a new era.

On this occasion,
EPlegal is pleased to inform you that, effective from 1 January 2026, Mr. Cao
Nhat Anh (Alex) will replace Ms. Annie Ngo and assume the position of Managing
Lawyer of EPlegal.

Alex has 20 years
of experience in legal practice, covering both advisory and dispute resolution
work. Prior to joining EPlegal, he held senior in-house legal positions at
major state-owned enterprises and foreign-invested companies, and also worked
as a litigation lawyer at a reputable law firm in Ho Chi Minh City. Further
details about Alex can be found at:
https://eplegal.com/anh-cao-overview/.

With effect from
1 January 2026, Ms. Annie Ngo will no longer be working at EPlegal.
Accordingly, all communications to EPlegal will be handled by Dr. Tony Nguyen (Director)
or Mr. Alex (Managing Partner).

For further
information, please contact Dr. Tony Nguyen (tonynguyen@eplegal.com) or Mr. Alex
(anhcao@eplegal.com).

 Yours sincerely,
Director, EPlegal
Dr. Tony Nguyen 

EPLegal Celebrates the 80th Anniversary of Vietnam Lawyers’ Day (10 October 1945 – 10 October 2025)

On this meaningful occasion of 10 October 2025, EPLegal proudly joins the legal community in celebrating the 80th Anniversary of Vietnam Lawyers’ Day — a historic milestone honoring the dedication, integrity, and contribution of generations of Vietnamese lawyers to the cause of justice, rule of law, and national development.

Over the past eight decades, the legal profession in Vietnam has evolved remarkably, playing a vital role in protecting human rights, upholding justice, and fostering social progress. From its modest beginnings to a dynamic and internationally connected profession today, the Vietnamese legal community continues to affirm its indispensable position in the nation’s journey toward modernization and global integration.

With the mission of “Local Expertise – Global Standard”, EPLegal takes pride in being one of the pioneering Vietnamese law firms offering world-class legal advisory services across borders. Our team of dedicated lawyers embodies the core values of professionalism, ethics, and innovation — contributing to strengthening Vietnam’s legal capacity and enhancing the reputation of Vietnamese lawyers on the global stage.

On this 80th Anniversary of Vietnam Lawyers’ Day, EPLegal extends its heartfelt appreciation to all lawyers, colleagues, partners, and clients who have accompanied us in our pursuit of justice and excellence.

May the Vietnamese legal profession continue to grow stronger, uphold the noble values of integrity and wisdom, and contribute to the country’s sustainable development in this era of digital transformation and global integration.


EPLegal – Local Expertise, Global Standard
www.eplegal.com

EPLegal’s Founding Attorney represents VMC to sign a Memorandum of Understanding with NIAC

On the afternoon of August 21, 2025, at the headquarters of the Nanning International Arbitration Court (NIAC), Nanning City, China, the Memorandum of Understanding (MOU) signing ceremony between NIAC and the Vietnam Mediation Center (VMC) – a unit under the Vietnam International Arbitration Center (VIAC) – officially took place.

The ceremony marked an important milestone in promoting international cooperation in the field of commercial mediation. The two sides agreed to strengthen cooperation in organizing seminars, implementing training programs, and introducing mediators for international commercial cases between Vietnam and China.

On behalf of VMC, Dr. Lawyer Nguyen Trung Nam (Tony Nguyen) – Deputy Director of VMC and Founding Lawyer of EPLegal – attended and performed the signing ceremony. As a leading expert in the field of international arbitration and mediation, Dr. Tony Nguyen committed to supporting the promotion of effective commercial dispute resolution mechanisms, while enhancing VMC’s position in the international arena.

This event represents a new step forward in connecting the Vietnamese and Chinese legal communities through commercial mediation.

For more details about the event or any inquiries, please reach out to the EPLegal Editorial Board:
📞 Hotline: +84-28-35356375
📧 Email: info@eplegal.com

 

EPLegal has achieved top-tier rankings in Benchmark Litigation Asia-pacific 2022

EPLegal is proud to announce that our firm has received recognition as a Tier 1 law firm in Energy and Construction practice in the Benchmark Litigation Asia-Pacific 2022 Edition. This year, we have maintained our rankings for Commercial and transactions (a Tier 2 law firm) as well as International Arbitration Practice (a Recommended law firm).

Additionally, our Founding Partner, Mr. Tony Nguyen, has once again been named a “Litigation Star” in Commercial and Transactions, Construction and International Arbitration.

We would like to express our gratitude to our Partners and Clients for all their time and effort spent working with EPLegal’s team.

Benchmark Litigation, the definitive guide to leading litigation firms and lawyers, provides in-depth law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients, as well as analysis of the market’s most important cases and firm developments.

For more details, please visit:
https://benchmarklitigation.com/Firm/EPLegal-Vietnam/Profile/109397#rankings

EPLegal is finding legal associates

EPLEGAL IS FINDING LEGAL ASSOCIATES with major interests in: Projects and Energy, Dispute Resolution, Arbitration.

Key tasks and responsibilities:

• Preparation of legal documents
• Collect and analyze professional background materials
• Drafting various types of legal documents including contracts, memos and legal opinions
• Keep contact with clients, partners and governmental authorities
• Other legal administration

Required professional background and skills:

• University degree or higher in law with outstanding academic results;
• An LLM degree and/or lawyer certificate;
• Strong practice with a wealth of experience in arbitration;
• A minimum of 3 years of experience in Law Firm;
• Experience in arbitration proceedings is preferred.
• Fluency in oral and written Vietnamese and English;
• Good practice of customer service and advisor to different nationalities of clients;
• Logical mindset and legal analysis skills;
• Professional attitude and appearance, flexibility
• Outstanding communication skills
What we offer:
• Challenging international environment where personal development and growth are encouraged
• Opportunity to work with high profile clients on high profile transactions
• Competitive salary, including benefits in kind.

Work Place:

• TP.HCM: 31C Ly Tu Trong, Ben Nghe Ward, District 1
• HN: Hoang Sam Building, 260 Ba Trieu, Le Dai Hanh
How to apply?

If you are interested in applying for the above position please submit your CV to our HR with email: fna@eplegal.com.

EPLegal continues to be highly ranked in the Legal 500 Asia Pacific 2022 edition

EPLegal continues to be highly ranked in the Legal 500 Asia Pacific 2022 edition

EPLegal is delighted to share that our firm continues to be remarkably named as a Tier 2 firm in Shipping and Aviation practice by the Legal 500 this year. We are also proud to be continuously recognised in the following practice areas: Banking & Finance, Corporate and M&A, Dispute Resolution (both Arbitration and Litigation), Projects and Energy.

We would like to express our gratitude to our Partners and Clients for all their time and effort spent working with EPLegal’s team, as well as Legal 500 for their recognition of our firm. Thank you so much to all of you for your trust and companionship.

For more details, please visit:

https://www.legal500.com/firms/34304-eplegal-limited/34779-ho-chi-minh-city-vietnam/?layout=asia-pacific&token=c24e70d03ee8c4e63326709dd3c1d869

EPLegal is ranked in Chambers Asia-pacific 2022

EPLEGAL IS RANKED IN CHAMBERS ASIA-PACIFIC 2022

We are delighted to share that EPLegal has been recognised by Chambers and Partners in the practice areas of Dispute Resolution and Projects, Infrastructure & Energy in the 2022 edition of Chambers Asia-Pacific Guide.

We are also proud that Mr Tony Nguyen, our Founding Partner, has been named by Chambers and Partners 2022 in Projects, Infrastructure & Energy. This marks the fourth consecutive year that Tony receives this honourable individual ranking from Chambers.

We would like to express our gratitude to our Partners and Clients for all their time and effort spent working with EPLegal’s team as well as Chambers and Partners for their recognition of our firm. Thank you so much to all of you for your trust and companionship.

For more details, please visit:
https://chambers.com/law-firm/eplegal-asia-pacific-8:22568913

Mr. Tony Nguyen – Founding partner of EPLegal named in Who’s who legal: Arbitration 2022

Mr.Tony Nguyen is recoginsed “Future leader” in Who’s Who Legal:

EPLegal congratulates Mr. Tony Nguyen, our Founding & Senior Partner, for being recognised as a “Future Leader” in Who’s Who Legal: Arbitration 2022 edition. It is an honour that Tony is one of three Vietnamese lawyers included in Who’s Who Legal: Arbitration 2022.

Who’s Who Legal is published by Law Business Research Limited, an independent London-based publishing group, which provides research, analysis and reports on the international legal services marketplace. Since 1996 Who’s Who Legal has identified the foremost legal practitioners in multiple areas of business law.

Who’s Who Legal Arbitration selects the world’s leading international arbitrators and pre-eminent arbitration lawyers based on independent research with client recommendation and peer review.

We would like to express our gratitude to our Partners and Clients for all their time and effort spent working with EPLegal’s team.

For more information, please visit: Who’s Who Legal

Common LNG disputes – Will Vietnamese importers face the same legal risk?

On the 11th February 2020, Resolution No. 55/NQ-TW on National energy development of Vietnam was issued. Accordingly, the State set out its requirement to develop the gas-fired electricity using LNG, prioritizing investment in technical infrastructure serving the import and consumption of LNG. Adopting a new power supply source will be challenging not just in the technical aspect but also in the legal part. In the light of such situation, this short Article aims to discuss the potential disputes related to the importation of LNG to Vietnam.

Types of LNG disputes

In this Article, 3 types of LNG disputes are considered. These disputes are among the most common and became even more visible in 2020 because of the corona virus disease (“Covid-19”).

Price dispute

The first one is price dispute. This happens in situation where LNG spot price is significantly lower than those in long-term contracts, buyers would then trigger the price review provision to mitigate their loss. On the other hand, sellers would demand raise the contract price under the same provision if spot prices appeared much more profitable.

An example can be seen in the ICC case between the Italian energy utility Edison (“Edison”) and Qatari company Rasgas (“Rasgas”). The fact was that Edison signed a 25-year long-term contract to purchase LNG from Rasgas at the price indexed to oil price. Subsequently, Edison would resell the gas from LNG to its consumers. However, when oil prices increased, the spot market gas prices went the opposite direction. As a result, Edison must sell gas to its customer at a loss and it had to refer this matter to ICC to adjust the LNG price under the long-term contract. According to Global Arbitration Review, Edison was awarded in its favor.

These disputes are among the most common and became even more visible in 2020 because of the corona virus disease (“Covid-19”).
These disputes are among the most common and became even more visible in 2020 because of the corona virus disease (“Covid-19”).

Force majeure dispute

The second type of disputes are those that relate to claims of force majeure event. In 2020, China National Offshore Oil Corporation (“CNOOC”) as the LNG importer declared force majeure because the Chinese government imposes quarantines and travel restrictions. In contrast, the major suppliers such as Total and Shell rejected such declaration. Similar cases took place in India where Indian LNG importers had to issue force majeure notice as there was a national wide lockdown which heavily affected the domestic gas demand and port operations. Further information are rather limited but it is possible to argue that disputes may arise from such incident.

Under Delivery

Thirdly, the disputes related to Under Delivery. According to the Special Issue on “Changing LNG Market and Contracts” of OGEL,[5] this type of dispute happens when seller of a long-term contract purposely fails to deliver a quantity of LNG and sell such quantity in the spot market at a more profitable price. Knowing such intention of sellers, buyers might not be happy with the compensation they get from the provisions of the long-term contract. Instead, buyers would seek maximum damages through Arbitration.   

Risk of encountering such disputes for Vietnamese LNG importers

In the LNG market, Vietnam is still a new buyer and it can only be predicted at this point if the above-mentioned disputes are likely to occur to Vietnamese importers.

Current status of LNG importation

Currently, the main purpose of importing LNG has been to fuel the thermal power plants such as the Quang Ninh LNG power plant[1], Son My 1 & 2 Power plant[2]  and the Nhon Trach 3 and 4 power plant.[3] Based on the information available on PetroTimes,[4] the public learned that PetroVietnam Gas Joint Stock Corporation (“PV GAS”) has been working on LNG supply by signing several LNG Master Sales Agreements (“MSA”). In order to determine the risk of having a price dispute between PV GAS and the LNG suppliers, it is important to understand how LNG (or natural gas from such LNG) is priced under the contract between PV GAS and its consumer (the LNG power plants). However, the price clauses in such contracts are unlikely to be made public and therefore, this Article will only assume that LNG (or natural gas) being sold by PV GAS to its consumer is calculated based on the price of LNG at which PV GAS purchases from LNG suppliers (“Imported LNG price”).

Should this be the case, PV GAS (or any LNG importer who supply LNG to LNG power plant) should not suffer any loss which is similar to Edison’s case examined in Section I above. Regardless of how the Imported LNG price fluctuates, PV GAS can charge its consumer at a profitable price.

Furthermore, in MSAs, LNG is only sold through spot sales, meaning buyers do not take commitment to purchase a fixed quantity of LNG a year. Therefore, even if Vietnamese importers suffer losses from Imported LNG price, it would be a one-off case and much less severe than those that we see from a long-term contract.

LNG is only sold through spot sales, meaning buyers do not take commitment to purchase a fixed quantity of LNG a year.
LNG is only sold through spot sales, meaning buyers do not take commitment to purchase a fixed quantity of LNG a year.

Force majeure

In term of force majeure, a force majeure clause is rather universal and focuses on two elements: (1) an event beyond the control of the parties and (2) the event prevents a party from performing its obligation despite that party’s best effort to remedy the situation. There should be no major difference between a MSA and a long-term contract. The question is whether government’s order to restrict port operation can be a valid force majeure event for Vietnamese importers. The Vietnamese importers’ ability to perform their obligation under MSAs will be heavily dependent on the functioning of a very limited number of LNG receiving terminals. It is expected that the Thi Vai LNG and My Son LNG terminals will be available in the next few years.[5] In the performance of the relevant MSAs, if there is any interruption to these two terminals, Vietnamese importer would not have reasonable alternatives at hand and could, theoretically, use it as a ground to declare force majeure event.

Nevertheless, the importers must still be advised that force majeure is a very complicated matter to prove. There are other factors to constitute a valid force majeure event, such as duration of the event or notice of the affected party.

For the last risk on seller’s under delivery, it should be less likely to occur to Vietnamese importers as long as LNG is still purchased through MSA and spot sales. Each spot sale will have its own price or pricing method, which is negotiated and agreed upon by buyer and seller when they execute such sale. Parties’ commitments in this case are far less substantial and they will be better protected against a fluctuating market compared to the parties of a long-term contract.  

Vietnamese LNG importers are still in a “trial period” which is a relatively safe position in comparison to the major LNG buyers in the World.
Vietnamese LNG importers are still in a “trial period” which is a relatively safe position in comparison to the major LNG buyers in the World.

Conclude

As discussed above and strictly speaking about the above-mentioned disputes, Vietnamese LNG importers are still in a “trial period” which is a relatively safe position in comparison to the major LNG buyers in the World. However, after the expiration of the MSAs, it can be anticipated that Vietnamese LNG importers will eventually turn to long-term LNG contracts with considerably higher risk involved. Therefore, learning from the MSAs, understanding the world’s practice and having a well drafted contract will be crucial for Vietnamese importers.

Manh Pham – Associate 

 

 

Can Covid-19 serve as force majeure?

The current pandemic negatively impacts the foreign trade activities, especially in the context of the international sale of goods contract. In this situation, the affected parties invoke a force majeure event which is the ongoing pandemic to release themselves from the liability. However, they often make mistakes of applying the the force majeure clause.

Therefore, we are pleased to introduce the article “Can Covid-19 serve as force majeure?” written by our Partner Tony Nguyen and associate Son Nguyen on Vietnam Investment Review No 1566 dated 18/10/2021. The article shows common missteps made by the breaching parties and provides recommendations to avoid them.

The current pandemic negatively impacts the foreign trade activities, especially in the context of the international sale of goods contract.
The current pandemic negatively impacts the foreign trade activities, especially in the context of the international sale of goods contract.

The full article can be assessed at: Can Covid-19 serve as force majeure?