More Featured Articles

Other Insights

Enforcement of Foreign Courts’ Judgements and Arbitral Awards in Vietnam

  • 02 August 2021
  • |
  • by Stephen Le

Vietnam’s Code of Civil Procedure (CCP) provides that, in order for any foreign courts’ judgements, decisions or foreign arbitral awards (foreign judgements and arbitral awards) to take effect in Vietnam, they must be made in courts that are recognised and enforced under Vietnamese law. However, not all foreign judgements and arbitral awards of said description will be accepted and considered for recognition by the Vietnamese Court. Whether or not the Vietnamese Court will take into consideration...

03 reasons failing labor-restructuring lawsuits

  • 26 July 2021
  • |
  • 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. Other issues associated with restructuring can be found in LeTran’s Insight...

A Brief View of the Vietnam Bankruptcy Law

  • 28 October 2020
  • |
  • by Stephen Le

Most people think that bankruptcy is bad and try to avoid it. However, bankruptcy is a powerful legal tool and if using it the right way, it can solve your problems, whether you are a creditor or a debtor. If you are a creditor, why should you file for bankruptcy? Creditors often file normal lawsuits to collect the debts instead of using bankruptcy proceedings because (i) bankruptcy is very complicated and (ii) bankruptcy will invite other...

Legitimising Electronic Signatures

  • 13 October 2020
  • |
  • by Stephen Le

As cross-border transactions are becoming increasingly common, businesses and individuals are turning to electronic means to save time and costs. Instead of waiting for documents to be transported by courier around the globe, the relevant parties can finalize and execute their contract in a matter of seconds, in the comfort of their own base. The steady rise of globalization, coupled with the social distancing protocol of COVID-19, is further accelerating the popularity of electronic signatures in...

Rules of Evidence in Vietnam and the Difference With the Us

  • 10 September 2020
  • |
  • by Stephen Le

Rules of evidence in civil litigation in Vietnam and the differences with the United States 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...

Remedies for Breach of Contract

  • 28 August 2020
  • |
  • by Hannah Huynh

Effectively using remedies in contract drafting – an analysis from a litigation viewpoint 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...

Financial Liabilities When an Occupational Accident Occurs

  • 03 August 2020
  • |
  • by Hannah Huynh

Conditions for an accident to be deemed an “occupational accident” Pursuant to the provisions of the 2015 Law on Occupational Safety and Hygiene, an accident will be considered an “occupational accident” if it satisfies the following 03 conditions: The victim of such accident is: – An employee working under a labor contract; probation contract; traineeship, or apprenticeship; – An official, public servant, public employee, or employee working in the People’s Armed Forces; – An employee working...

Employee Service Contracts vs. Labor Contracts

  • 30 July 2020
  • |
  • by Stephen Le

In order to avoid the obligations of social insurance, health insurance and unemployment insurance towards their employees, as well as to avoid being subject to liability as provided by the labor law, many companies propose that their employees sign contracts for the provision of services instead of labor contracts.  Is the signing of a service contract between a company and an employee (an individual) lawful under Vietnam law? As will be fully explained below, whether a...

Avoiding Legal Traps in Settlement Negotiations

  • 17 July 2020
  • |
  • by Stephen Le

In litigation, you will almost certainly be involved in settlement negotiations at some point. However, most people, when approaching settlement negotiations, usually focus solely on how to get the best deal and forget to keep their guard up in the event negotiations fail. As a result, people tend to fall into legal traps set by the opposing party during mediation or informal discussions and lose their case later. It should always be kept in mind that...

More insights