Phuong Thi Ha Tran

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Associate

Biography

Phuong Thi Ha Tran is an associate with the Tilleke & Gibbins corporate and commercial team, based in the firm’s Hanoi office. Her practice focuses primarily on M&A, infrastructure, and real estate. She regularly advises major international investors across a wide spectrum of industries on their investments and operations in Vietnam, and has a wealth of experience in areas including capital markets and foreign investment.

Before joining Tilleke & Gibbins, Phuong spent four years at one of Vietnam’s top domestic law firms, where she advised and assisted clients with many projects in the renewable energy and banking sectors. Phuong is a licensed lawyer and a member of the Hanoi Bar Association.

Experience

Assisted a credit institution in Vietnam in receiving another credit institution under the mandatory transfer plan.
Assisted a credit institution in selling its retail business segments in Vietnam.
Assisted underwriters in the U.S. stock exchange listing of a Vietnamese auto manufacturer and a Vietnamese technology company.
Assisted a British organization in studying options for private sector investment into Vietnam’s transmission grid.
Assisted a Japanese company in investment and development of an offshore liquefied natural gas storage facility.
Assisted on the transactional structure and due diligence issues for project acquisition and financing in the energy sector.
Assisted a foreign finance corporation in investment in and development of a day-care hospital in Ho Chi Minh City in the PPP model.

ABOUT Phuong Thi Ha

Languages

Vietnamese

English

Education

LLB, Hanoi Law University

Insights

September 30, 2025

Inside Vietnam’s Latest Draft Law on Higher Education

Vietnam’s higher education system is at a pivotal stage of reform, with the government taking decisive steps to strengthen its policy and regulatory framework. In response to obstacles encountered during the implementation of the Law on Higher Education, issued in 2012 and amended in 2018, the third draft of the amended Law on Higher Education (Draft Law) is scheduled for submission to the National Assembly in October 2025. The Draft Law reflects the state’s commitment to aligning the education sector with international standards while addressing persistent structural challenges. The Draft Law emphasizes clarifying institutional mandates, enhancing accountability, and modernizing governance models to enable higher education institutions to operate with greater autonomy and efficiency. Against this backdrop, we outline below several notable provisions of the third draft and their potential implications for higher education institutions (HEIs) in Vietnam. Applicable Entities In addition to HEIs as defined and covered under existing legislation, the Draft Law extends its scope of applicable entities. The current Law on Higher Education does not regulate training institutions under state agencies, the armed forces, or political and social organizations, nor does it provide specific provisions for institutions offering only postgraduate education. To address this, the Draft Law introduces the term “institutions with higher education activities,” expanding its scope to include: (a) academies and research institutes established by the prime minister, mandated to provide doctoral-level training; (b) educational institutions affiliated with state agencies, political organizations, socio-political organizations, and the people’s armed forces, authorized to offer higher education programs in their specialized fields; and (c) institutions established pursuant to international treaties or by decision of the prime minister, with authorization to deliver certain levels of higher education. The inclusion of “institutions with higher education activities” represents a significant development both legally and institutionally. In an increasingly diversified higher education

August 21, 2025

Tilleke Adopts Harvey to Accelerate AI-Powered Legal Services across Southeast Asia

Tilleke & Gibbins is pleased to announce that the firm has adopted Harvey, a leading enterprise-grade AI platform for the global legal industry. The firm is proceeding with a rollout of Harvey’s legal AI solutions, which are supported by robust security and confidentiality protections, across the firm’s full-service regional practice in Southeast Asia. This initiative builds on the firm’s recent deployment of Microsoft Copilot and represents another advancement in Tilleke & Gibbins’ commitment to leveraging technology for enhanced legal service delivery. Under the program, legal professionals across the firm’s offices in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam will have access to the full Harvey platform, equipping them to deliver practical, impactful, and results-driven legal services for clients throughout the region. The firm will also develop bespoke agentic workflows within Harvey tailored to the firm’s core practices and the unique requirements of Southeast Asian legal markets. Commenting on the initiative, Managing Partner Tiziana Sucharitkul stated, “At Tilleke & Gibbins, we have consistently invested in developing and adopting technology to improve the speed, precision, and overall excellence of our legal services. The firm’s decision to invest in Harvey exemplifies our commitment to innovation, further differentiating Tilleke & Gibbins within Southeast Asia’s legal landscape.” Managing Partner Darani Vachanavuttivong remarked, “By combining the deep regional expertise of our lawyers with Harvey’s market-leading domain-specific AI, we are empowering our regional team to streamline drafting, research, and review processes for complex legal matters, all while maintaining the high standards of quality and security our clients expect from us.” Harvey’s Chief Business Officer John Haddock added, “It’s clear Tilleke & Gibbins is investing heavily in innovation, and it’s clear their global clients will benefit significantly from their focus and investment. The Harvey team is thrilled to support the firm’s journey with our platform.”

March 28, 2025

Vietnam’s New Regulations on Bank Guarantees Set to Take Effect

On October 25, 2024, the State Bank of Vietnam (SBV) issued Circular No. 49/2024/TT-NHNN (“Circular 49”) amending and supplementing certain provisions of Circular No. 11/2022/TT-NHNN dated September 30, 2022, on bank guarantees (“Circular 11”). However, shortly thereafter, the SBV replaced both Circular 11 and Circular 49 with Circular No. 61/2024/TT-NHNN (“Circular 61”) dated December 31, 2024, which incorporates most of the updates from Circular 49 while introducing further amendments to bank guarantee regulations to align with the 2024 Law on Credit Institutions and 2023 Law on Real Estate Business. Circular 61 has an effective date of April 1, 2025. Below, we highlight some new regulations on bank guarantees under Circular 61, including those that were adopted from Circular 49. Updated Definitions Circular 61 broadens the definition of “customer” in bank guarantee relationships, introducing the possibility of a fourth party. Traditionally, a customer would request a credit institution to guarantee its obligations. Under the revised framework, a customer may also request the credit institution to issue a guarantee for another party, such as a parent company requesting a guarantee for its subsidiary. This change establishes a broader scope of parties involved in a bank guarantee relationship, which now includes the customer, the guarantor, the guaranteed party, and the beneficiary. Circular 61 also updates the definitions of “bank guarantee”, “cross-guarantee”, and “guaranteed party” to align with the term “bank guarantee” as defined in the 2024 Law on Credit Institutions. This includes requirements on mandatory debt acknowledgement. Bank Guarantees for Sale of Off-Plan Housing Circular 61, in alignment with Circular 49, the Law on Credit Institutions, and the Law on Real Estate Business, allows foreign bank branches and commercial banks (the “Guarantor”) to guarantee off-plan housing with a detailed procedure. The guarantee agreement between the Guarantor and the real estate project investor

June 6, 2024

Potential Impact of Vietnam’s New Land Law on the Energy Sector

On January 18, 2024, Vietnam’s National Assembly passed a new Land Law (“Land Law 2024”) that is scheduled to take effect on January 1, 2025, replacing the current Land Law 2013. To mitigate challenges faced by the real estate market, in late May 2024, the government proposed amendments to the Land Law that would move the effective date up five months, to August 1, 2024, pending approval by the National Assembly. One of the key sectors to be impacted by the Land Law 2024 is the energy sector, which requires large land areas for power plants and infrastructure, especially given Vietnam’s 2050 net zero emissions commitment. Below are highlights of how the new Land Law 2024 will affect Vietnam’s energy sector. Annual payment of land rental Under the Land Law 2013, investors implementing energy projects (e.g., solar power projects) are entitled to choose to lease land with either (i) an annual rental payment or (ii) a single upfront payment for the entire term of use. Under the Land Law 2024, these investors are only allowed to use land in the form of an annual rental payment. As the annual land rental is calculated in five-year cycles, based on the land price table decided by the state, this new restriction means that investors in energy projects will face an additional risk of a sudden increase in land rental, disrupting their financial planning. Investors using land sites leased with annual rental payments are also not allowed to mortgage their land-use rights, but can only mortgage assets attached to the land, at credit institutions licensed to operate in Vietnam. Accordingly, this may affect the ability of energy projects to obtain financing during the development stage, because they no longer have assets that can be mortgaged. Obtaining land Under the Land Law 2024,

Awards & Rankings

September 12, 2025

Tilleke & Gibbins Strengthens Position in IFLR1000 Asia-Pacific 2025/2026

The 2025/2026 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has maintained its strong rankings across multiple jurisdictions and practice areas while achieving notable upgrades and new recognitions, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance—Tier 3 Capital Markets: Debt—Tier 3 Capital Markets: Equity—Tier 3 M&A—Tier 2 Project Development—Tier 2 Restructuring & Insolvency—Tier 3 Vietnam Banking & Finance—Tier 4 M&A—Tier 3 Project Development—Tier 3 Cambodia Financial & Corporate—Tier 2 Project Development—Tier 2 Laos Financial & Corporate—Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 12 lawyers honored in the 2025/2026 individual rankings—an increase from last year’s 10. This year’s results include upgraded rankings for John Frangos and new rankings for Charupat Boon-Long, Derrick Khoo, Prisna Sungwanna, and Saravut Krailadsiri. The full list is as follows: Charunun Sathitsuksomboon—Highly Regarded, M&A, Thailand; Women Leader Charupat Boon-Long—Rising Star, M&A, Thailand (new ranking) David Mol—Rising Star, Corporate and M&A, Cambodia Derrick Khoo—Rising Star (Partner), Financial and Corporate, Thailand (new ranking) Jay Cohen—Highly Regarded, Banking, Cambodia John Frangos—Highly Regarded, Restructuring & Insolvency, Thailand (upgraded ranking) Niti Muangkote—Rising Star, Financial & Corporate and Project Development, Laos; Highly Regarded, Banking & Finance, Thailand Prisna Sungwanna—Highly Regarded, Financial & Corporate, Laos (new ranking) Saithong Rattana—Notable Practitioner, Project Development and M&A, Laos Santhapat Periera—Highly Regarded, Banking & Finance and M&A, Laos; Highly Regarded, Banking & Finance, Thailand Saravut Krailadsiri—Notable Practitioner, Thailand (new ranking) Tram Ngoc Bich Nguyen—Highly Regarded, M&A, Vietnam To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and Vietnam pages

May 13, 2025

Tilleke & Gibbins Named Among IHC Firms of the Year 2024 in Thailand and Vietnam

Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2024, earning accolades across 19 categories in Thailand and Vietnam. The results, based on surveys of in-house counsel across Asia, reflect client perspectives on the quality and responsiveness of legal services in key practice areas. The firm received 11 Firm of the Year awards and two honorable mentions in Thailand, along with six Firm of the Year awards in Vietnam. Notably, Tilleke & Gibbins was named “Most Responsive International Law Firm” in both jurisdictions—an acknowledgment that underscores the firm’s longstanding commitment to client service. Firm of the Year – Thailand Most Responsive International Law Firm Antitrust/Competition Banking and Finance Employment Energy and Projects Intellectual Property International Arbitration Litigation and Dispute Resolution Real Estate and Construction Taxation Technology, Media, and Telecommunications Honorable Mention: Capital Markets Honorable Mention: Corporate and M&A Firm of the Year – Vietnam Most Responsive International Law Firm Employment Intellectual Property International Arbitration Litigation and Dispute Resolution Technology, Media, and Telecommunications The IHC Firms of the Year rankings are determined through responses from thousands of in-house counsel and corporate decision-makers in Asia and the Middle East. Tilleke & Gibbins is honored to receive this recognition from the clients and peers it serves across the region.

May 9, 2025

Tilleke & Gibbins Earns Four ABLJ Vietnam Law Firm Awards

Tilleke & Gibbins has been recognized by Asia Business Law Journal (ABLJ) in its Vietnam Law Firm Awards 2025, which honor the best corporate law firms in Vietnam across a wide range of practice areas, based on votes, feedback, and qualitative information from in-house counsel and other legal professionals who participated in ABLJ‘s research. Tilleke & Gibbins was named a top-tier firm in four competitive categories: Data Compliance & Cybersecurity IP Litigation Employment Technology, Media & Telecoms (TMT) A publication of Law.asia featuring widely read editions in English, Chinese, Japanese, and Korean, ABLJ is a multilingual resource for general counsel at companies with operations in Asia. For more information on the Vietnam Law Firm Awards 2025 and browse the full list of recognized firms, please see the ABLJ website.

April 18, 2025

Tilleke & Gibbins Named 2025 ALB Employer of Choice in Thailand and Vietnam

Asian Legal Business has released its 2025 “Employer of Choice” rankings, and Tilleke & Gibbins has once again secured top honors as a premier employer in the legal sector in both Thailand and Vietnam. This marks the 13th consecutive year that the firm has been recognized as Employer of Choice in Thailand and the 11th time in Vietnam.

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