Disputes occur during contract performance are beyond the control of the entity entering contractual relations. In developed countries, lawyers always invited to advise customers to identify potential disputes, and provide solutions, support and provide legal advice and to accompany the enterprises solve disputes in accordance with the provisions of the law, which help businesses to focus on its business activities. The contract should be carefully reviewed by lawyers. Foreign companies when entering Vietnam mostly follow suit to engage dispute or litigation dispute lawyers in Vietnam at early stage of the transactions.
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Contract dispute in vietnam
1. Contract Dispute in Vietnam
Disputes occur during contract performance are beyond the control of the entity entering
contractual relations. In developed countries, lawyers always invited to advise customers
to identify potential disputes, and provide solutions, support and provide legal advice and
to accompany the enterprises solve disputes in accordance with the provisions of the law,
which help businesses to focus on its business activities. The contract should be carefully
reviewed by lawyers. Foreign companies when entering Vietnam mostly follow suit to
engage dispute or litigation dispute lawyers in Vietnam at early stage of the transactions.
Contract dispute in Vietnam
Contract Dispute
Contractual disputes in Vietnam shall be construed as conflicts, disagreements, conflicts
between the parties regarding the implementation or non-implementation of rights and
obligations in the contract. Disputes could arise in failure to collect the payment from
debtor in sales agreement, construction contract disputes between investor and contractor,
labour dispute between employer and employee, insurance disputes between ship owner
and insurance company.
2. Contract disputes must satisfy the following factors:
First, there is a contract between the parties. The contract would be in different for ms
therefore, there is a need to clearly define if the contractual relationship has been formed
or not.
Second, there is a breach of obligations or duties that are in violation of a party in the
contractual relationship.
Third, there is disagreement between the parties about the handling of infringement or the
consequences of such violations.
It should be noted, the contract disputes arise from the breach. However, not all breaches
of contract also lead to disputes.
How to settle the contract disputes in Vietnam?
Contractual disputes can be resolved by the following methods:
Negotiation is the process or behavior in which the two sides conduct exchanges,
agreement on common interests and characteristics of disagreement and come to a unified
agreement. The negotiation is without the presence of third parties. However, if
the dispute lawyers in Vietnam would be involved during the negotiation process, at the
role of representing or advising, counseling, then the negotiations tend to be more
effective and parties would reach agreement.
Mediation is one of the options for disputing parties to end the conflict. Mediation is
different from negotiating with the intervention of a third party. Mediator will help
parties to achieve agreement and resolve conflict.
Court or arbitration: The settlement of the dispute in court would take time. The court’s
ruling can be appealed. It should be noted that, per Vietnam laws, only Vietnam litigation
or dispute law firms could represent the client at court. Commercial arbitration is
available only in commercial-business sector. The advantage of this method is fast and
efficient. However, compare with disputing at court, this method of handling dispute
would take higher costs.
Disputes and dispute resolution matters are natural and inevitable in any countries
including Vietnam. It is important that parties involved need to identify, anticipate
disputes can occur. Contract or agreement should be reviewed by lawyers. When there is
a dispute, the dispute lawyers in Vietnam will be able to help parties to with advice to
reasonable solution to address the disputes effectively.
3. ANT Lawyers is an employment dispute law firm in Vietnam, recognized by Legal500,
IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm
network covering more than 150 jurisdictions. The firm provides a range of legal services
to multinational and domestic clients. For advice or services request, please contact us via
email ant@antlawyers.vn, or call us +84 24 730 86 529.