Court Litigation
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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....
Enforcement of Foreign Courts’ Judgements and Arbitral Awards in Vietnam
- 29 August 2021
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- by Stephen Le
Vietnam’s Code of Civil Procedure (CCP) provides that before any judgement, decision or foreign arbitral award of a foreign court or arbitration center (foreign court judgements or arbitral awards) to take effect in Vietnam, it is required to be approved by the Vietnamese Court and must be recognized and enforceable under the laws of Vietnam. However, not all foreign court judgements or arbitral awards of said description will be accepted and considered by the Courts in...
Evidence in Labor Dispute Cases
- 17 August 2021
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- by Hannah Huynh
In general, a party who files a labor claim is obligated to submit evidence to prove their case. When litigating in this area, parties should be aware of that there are a number of evidentiary rules which are particular to labor disputes. The following is a discussion of various notable decisions in labor litigation concerning the collection and submission of evidence, which have an effect on the admissibility of evidence in a court of law. Documentation...
Vietnamese Rules of Evidence and the Differences with the U.S
- 10 April 2021
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- by Stephen Le
Evidence is always critical in litigation and it plays a large part in determining whether you will win or lose a case. In fact, evidence is so important that, in day-to-day business, basic knowledge of the rules of evidence is essential for any company. It will be difficult for your business to succeed if you do not know how to preserve evidence of agreements with your partners or of their potential breaches of such agreements. However,...
Remedies for Breach of Contract
- 28 January 2021
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- by Stephen Le
It is common knowledge that a well-drafted contract will help to minimize disputes in business transactions, but not everyone fully understands what constitutes a well-drafted contract. Is a contract that clearly regulates the obligations of the parties sufficient? No, a well-drafted contract will not only let the parties know what to do; but should also force them to do what they promised, regardless of whether they want to do so or not. To achieve that, all...
Judgement Enforcement in Vietnam
- 12 May 2020
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- by Stephen Le
Obtaining a court judgement or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgement or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgement or arbitral award can be enforced will determine the real winner of the lawsuit. The Booklet of ‘Judgement Enforcement in Vietnam’ will help you...
Late Payment Interest in Commercial Lawsuits
- 03 April 2020
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- by Stephen Le
The most concerned issue in commercial lawsuits over late performance of payment obligation for goods, services, return of deposit, advance, etc. is how the Court will determine late payment interest. In practice, the late payment interest is decided based on the first-instance hearing date. Before the First-instance Hearing The interest is pursuant to Article 306, the 2005 Commercial Law, which means the late payment interest rate is the average interest rate applicable to overdue debts in the...
Evidence indicating Asanzo’s four violations of Vietnamese Law
- 15 November 2019
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- by Public Media
Electronics company Asanzo is alleged to have committed violations related to the deception of consumers, origin of exported goods, counterfeiting of trademarks and evading taxes. On October 28, the General Director of Vietnam Customs, Mr. Nguyen Van Can (Member of National Steering Committee 389) chaired a conference with the participation of relevant ministries and agencies to present evidence of the violations by Asanzo Group Joint Stock Company. The Deputy General Director of Vietnam Customs – Mr....
Submission of New Evidence During Dispute Settlement
- 30 September 2019
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- by Stephen Le
When settling litigation disputes in Vietnam, concerns may arise as to whether there exists any evidence that the opposing party has not previously submitted to the Court and whether there is any time limit for submission of documents or evidence. This Insight will cover the evidentiary rules and regulations under the Civil Procedure Code and how these rules are applied by the courts in practice. Provisions of the 2015 Civil Procedure Code on time limits for...
Reasons Failing Labor-Restructuring Lawsuits
- 26 July 2019
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- by Hannah Huynh
Lay-offs due to restructuring are very common in today’s business climate. However, this can also result in many lawsuits filed by the employees against the company by claiming that the restructuring was unlawful and the company had illegally unilaterally terminated the labor contracts. Here are 03 mistakes that companies often make during the restructuring process which will often result in losing a lawsuit at Court. Failure to Prove ‘having actual changes to the organizational structure’ The...
Arbitration’s Jurisdiction Over Non-Disclosure Agreement
- 26 June 2019
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- by Hannah Huynh
Early in 2018, i.e. on February 19th, 2018, the Vietnam International Arbitration Center (‘VIAC’) issued Arbitral Award No.75/17 HCM (‘Arbitral Award 75′) concerning a dispute over a Non-Disclosure and Non-Compete Agreement (‘NDA’) between Company X (plaintiff – employer) and Ms. Do Thi Mai T (defendant – employee). According to Arbitral Award 75, the VIAC made a judgment in favor of Company X and compelled the employee to compensate Company X for her violation of the signed...
