Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties.
A better way to understand the international trade arbitrationShahram Shirkhani
Today companies have more sophisticated methods and always try to find means and suitable locations to resolve trade and international investment disputes, such as international arbitration.
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
A better way to understand the international trade arbitrationShahram Shirkhani
Today companies have more sophisticated methods and always try to find means and suitable locations to resolve trade and international investment disputes, such as international arbitration.
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
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?
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH - Issues and Solutions - ...Dr. Oliver Massmann
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH
- Issues and Solutions - Impact of the Key Trade Agreements
CPTPP, EUVNFTA and Investment Protection Agreement
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNA...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – WHAT YOU MUST KNOW
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.
WTO & Trade Issues - Legal and Ethical Issues in International Marketing.pptxDiksha Vashisht
Making the leap into overseas marketing involves more than just identifying a new market and going after it. The process requires plenty of foresight and local knowledge if the pitfalls of legal and cultural issues are to be avoided. Linguistic and cultural differences, shifting political systems, and governmental protections for home-grown brands will all have to be planned for and dealt with first.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam.
In this edition, we provide a summary of changes to the investment regulation; decree on housing affecting residential development and Covid-19 tax relief.
What Are New Points of the Law on Intellectual Property 2022.pdfANT Lawyers
The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise.
Objects of Intellectual Property Rights in Vietnam.pdfANT Lawyers
Intellectual property rights in Vietnam are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular Objects of intellectual property today include: Objects of Intellectual Property Rights in Vietnam 1. Objects of copyright include literary, artistic and scientific works;...
More Related Content
Similar to Forms of Disputes and Approaches to Settlement in Vietnam.pdf
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?
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH - Issues and Solutions - ...Dr. Oliver Massmann
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH
- Issues and Solutions - Impact of the Key Trade Agreements
CPTPP, EUVNFTA and Investment Protection Agreement
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNA...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – WHAT YOU MUST KNOW
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.
WTO & Trade Issues - Legal and Ethical Issues in International Marketing.pptxDiksha Vashisht
Making the leap into overseas marketing involves more than just identifying a new market and going after it. The process requires plenty of foresight and local knowledge if the pitfalls of legal and cultural issues are to be avoided. Linguistic and cultural differences, shifting political systems, and governmental protections for home-grown brands will all have to be planned for and dealt with first.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam.
In this edition, we provide a summary of changes to the investment regulation; decree on housing affecting residential development and Covid-19 tax relief.
What Are New Points of the Law on Intellectual Property 2022.pdfANT Lawyers
The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise.
Objects of Intellectual Property Rights in Vietnam.pdfANT Lawyers
Intellectual property rights in Vietnam are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular Objects of intellectual property today include: Objects of Intellectual Property Rights in Vietnam 1. Objects of copyright include literary, artistic and scientific works;...
Procedures for Granting Work Permits for Foreign Workers from 2021.pdfANT Lawyers
What Changes in Procedures for Granting Work Permits for Foreign Workers from 2021?Vietnam law allows enterprises, agencies, organizations, individuals and contractors to recruit foreign workers for job positions that Vietnamese workers cannot meet the needs of business operation in Vietnam. However, the procedures to apply for permit allowing foreign workers to work in Vietnam is complicated which many times labour lawyers could be engaged...
How to Invest, Do Business and Reside in Vietnam in 2022.pdfANT Lawyers
With economic opening policies, especially after the Covid-19 pandemic, Vietnam is an attractive destination for foreign investors. Accordingly, the number of foreign investors in Vietnam is constantly increasing. In order to create favorable conditions for individual investors with direct capital investment or representatives of foreign organizations investing in Vietnam to live, work, Vietnam has policies, suitable for each type of investor in...
What Are Challenges in Debt Recovery Litigation Procedures for Enterprise.pdfANT Lawyers
In the operation of the enterprises, the arising of bad debts could be unavoidable. However, in order to be able to file lawsuit and collect debts and minimize bad debts in practice, there are still many difficulties. Currently, the process of debt recovery according to the provisions of the law still encounter many problems and shortcomings, while enterprises need more effective solutions to recover debts fully and quickly in order to ensure revenue...
How Amendment to Contracts in Vietnam Can be Made.pdfANT Lawyers
Once a contract is made legally, contracting parties shall implement and such contract is respected by third parties. As stated in Civil Code 2015 (“CC”): “Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities”. However, in the implementation process, the contract can be amended, which means, rights and obligation of...
What is the role of WIPO in the PCT.pdfANT Lawyers
What is the Patent Cooperation Treaty (PCT)? The PCT is an international treaty with more than 145 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional...
Measures to Prevent and Ensure Administrative Sanctions of Software Piracy in...ANT Lawyers
Vietnam is among countries with the highest rate of software piracy in the world, although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according to the report of BSA, The Software Alliance that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy. Computer software is protected as literary works, one of types of works eligible for copyright protection...
Subject Matters of Intellectual Property Rights in Vietnam.pdfANT Lawyers
In the process of development of global business, the growth of multinational corporations or business will help individuals and companies to bring their products to the world. In addition to bringing their products to customers, the protection of intellectual property rights for products created is extremely important and necessary. We would like to highlight important matters when registering for intellectual property rights protection in Vietnam.
Application of Administrative Measures to Protect Intellectual Property Right...ANT Lawyers
Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam:Filing Lawsuit to protect intellectual property...
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Forms of Disputes and Approaches to Settlement in Vietnam.pdf
1. Forms of Disputes and Approaches to Settlement in Vietnam
Dispute in Vietnam could be between parties in business transaction, foreign investors
and Vietnam government, or between countries in implementing international treaties.
Forms of Disputes and Approaches to Settlement in Vietnam
The formation of market economy in Vietnam took place in the context of the
development in the width and depth of the economic ties at a significant fast pace that
make Vietnam an important part of the world supply chain. Vietnam suppliers could sell
the goods and services to the world and the foreign supplier could also export their goods
and services to Vietnam market. Further, as the Vietnam market opens up, foreign
investors could invest through various forms of investments in Vietnam i.e. acquire
equities in Vietnam companies, establish business in Vietnam. During this process,
disputes are an inevitable result which has been growing in scale and complexity.
Most should agree that disputes shall be construed as the dissent, inconsistencies or
conflicts of interests, rights and obligations between the parties in the economic relations
at different levels. Accordingly, economic disputes can have the following basic forms:
2. -Disputes in business are between the participants in a business transaction including
investments, production to consumption of products or performance of services on the
market for profit purposes i.e. professional and product liability, debt disputes over a
business transaction, franchise disputes, intellectual property disputes, and disputes over
contract for supply of goods or services…
-Disputes between foreign investors with Vietnam government agencies, arising in the
implementation of the BTO, BT, BOT, and the implementation of international
agreements on promotion and protection bilateral and multilateral investment i.e.
government policy and policy measures, concession to water and sewerage, power or
energy supply, project or contract payment…
-Disputes between countries in the implementation of the international bilateral and
multilateral agreements.
In Vietnam, as the disputes arise, parties involved could consider resolving the matters
through negotiation, mediation, arbitration, or taking court actions after taking
consideration of various factors including cost, time, and the complexity of the disputes.
ANT Lawyers - law firm in Vietnam with skillful arbitration lawyers in Vietnam should
be consulted to provide the suitable