Dispute Resolution
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Case Study: The Green Town Apartment Project Dispute
- 21 December 2023
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- by Stephen Le
The real estate industry is no stranger to legal complexities. Here’s a case study on a dispute between the investor and distributor of a Green Town Apartment Project in Vietnam. Uncover the intricacies of real estate trading laws, contract validity, and the importance of meticulous negotiations to mitigate risks in complex business dealings.
A Commercial Dispute Case Study – Vinasun vs. Grab
- 24 November 2023
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- by Stephen Le
Dive into the legal saga between the traditional taxi giant Vinasun and the ride-hailing powerhouse Grab. From accusations of unfair business practices to the complex determination of damages, this case delves into the intersection of law, competition, and technology.
Freezing a Bank Account in a Dispute: How It Works
- 23 September 2023
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- by Stephen Le
When and how does a bank freeze happen? Can anyone ask for it? In this article, we delve into the intricacies of bank account freezing within the context of civil lawsuits. We examine the legal framework, procedural aspects, and the implications of this action, shedding light on how it impacts both individuals and organizations involved in legal disputes. 💡 Don’t miss out on valuable insights – read the full article now! https://letranlaw.com/insights/challenges-in-freezing-bank-accounts-in-civil-dispute-resolution/
Conflict of Interest: Examples and Best Practices
- 17 August 2023
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- by Le&Tran Team
A conflict of interest arises when a person’s interests, vested authority, or favoritism towards close relations unduly influence or are likely to hinder the impartial execution of their responsibilities and obligations. Under what conditions can we identify such conflicts of interest? Furthermore, how does the interplay between conflicts of interest and corrupt practices come into play? What is a conflict of interest? A conflict of interest is a scenario in which the interests of an individual...
Challenges in Freezing Bank Accounts in Civil Dispute Resolution
- 03 July 2023
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- by Stephen Le
Freezing bank accounts refers to the act of restricting or prohibiting the transfer and use of deposited funds by an authorized organization when there is a violation of regulations issued by the State. This article by Le &Tran, a leading law firm specializing in litigation in Vietnam, shall discuss the following issues regarding the freezing of bank accounts in civil lawsuits. The foundation, process, and conditions for implementing a bank account freezing request According to Article...
3 Things to Look Out for When Setting up a Joint Venture in Vietnam
- 18 August 2022
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- by Stephen Le
During the early stages of a Joint Venture or Merger & Acquisition agreement, it is all too common to be laser focused on the nitty gritty details and lose peripheral vision on the other things…until it comes back to bite you. Beyond the obvious, we tell you what to look out for in this process.
Vietnam Dispute Resolution System
- 11 February 2022
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- by Vu Nguyen
Court Court procedures First-instance procedure: The first-instance procedure begins when a party files a Statement of Claim to the competent Court and is accepted for settlement by the Court. The first-instance procedure will end with a Court’s first-instance judgment or decision and can be appealed by the involved parties or protested by the Procuracy with the same level and the direct higher level (except for the Decision on recognition of the agreements by the litigants). According...
Resolving Labour Disputes in Vietnam for Foreigners
- 18 December 2021
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- by Hannah Huynh
One of the requirements for foreigners to work in Vietnam is to be granted a work permit the competent Vietnamese authorities. However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labour contracts with foreign employees without valid work permits. In the event of a dispute, the issues become: “Is the labour contract with a foreign employee without a work permit valid?” and “What role does...
Vietnam Shareholder Disputes: Shareholder Agreement & Company Charter
- 17 November 2021
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- by Stephen Le
It is common practice for business investors, when setting up a joint venture or establishing a M&A project, to seek to protect their investment via a shareholder agreement and company charter. These documents are often designed with the intention of imposing rules that the shareholders must follow and to allow non-default shareholder(s) to sue for damages (or any other available remedies) if there is a breach. Nevertheless, filing a lawsuit or arbitration claim amid a shareholder...
Electronic Evidence in Commercial Contracts and Dispute Resolution
- 05 October 2021
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- by Stephen Le
Electronic devices are increasingly replacing ‘paper documents’ in commercial transactions in Vietnam. Email, mobile phones, and even messaging apps are increasingly being utilized by enterprises for information exchange, contract execution and implementation. Generally, the trend has been for enterprises to prioritize the use of electronic means over the exchange of ‘paper documents’ as a ‘defensive’ measure in dispute resolution. There are also certain enterprises that completely adopt electronic documentation, abandoning the use of paper records altogether....
Is the COVID-19 a ‘Force Majeure’ in Commercial Contracts?
- 24 March 2020
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- by Stephen Le
The Covid-19 pandemic has caused severe damage to domestic and international commercial business. The authorities’ restrictions on entry and travel, the suspension of social activities and mass gatherings, and the temporary suspension of economic activities in certain areas in order to control the pandemic and protect public health have resulted in commercial business stagnation and decline. Not surprisingly, many companies have raised concerns about the damage caused by the Covid-19 pandemic, especially regarding liability for compensation...
How to Legally Reclaim Your House?
- 25 October 2019
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- by Stephen Le
It is common practice for people to lease or allow friends or acquaintances to use their residential property such as houses and condominiums without creating any written contract or agreement prior to occupancy. Although unforeseen at the time of occupancy, issue may arise where the occupant, upon request refuses to vacate the premises. Generally speaking owner typically believe they have a unilateral right or option to reclaim the house at any time, or even to evict...
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