If two parties have
a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before
considering to file a lawsuit against the other at a court in Vietnam.
To implement their right
to sue, the plaintiff must prepare and submit the claim at the competent court
in Vietnam. The dispute lawyers in Vietnam with experience and understanding the
litigation process should be invited at the early stage to advise,
represent and prepare to defend the client. The claim filing should
include the petition and the supporting documents. The petition is the
most important legal document for the court to review and resolve the claim of
the plaintiff, as such it should be carefully prepared to meet the requirements
of the form, authority, and further contain information about the plaintiff,
defendant, summary of the case and the request of the plaintiff.
The contents of the
petition must be presented in full, brief, clear, and in logic. The
plaintiff should provide all documents, and evidence to prove the merit of the
claim including contract, purchase order, separate terms and conditions,
appendixes (if any), minutes of meetings of negotiations, invoices, delivery
proof, legal status of plaintiff and defendant, documents to determine the
legal status of the representative of the plaintiff such as appointment
decision, power of attorney. In order for the document issued in foreign
country to be valid in Vietnam, the documents presented have to be original or
notarized, legalized and authenticated copy and translated into Vietnamese in
accordance with Vietnam laws.
When the claim has been
filed at the competent court in Vietnam provided all conditions of acceptance
are met, the court will notify the plaintiff or its representative know
the court fees. When the applicant advance the court fee, the case will be
recorded and brought into the process for settlement.
At the trial preparation
process, the case will be assigned to a judge whom after studying would request
parties to present additional necessary papers and documents relating to the
case. Parties or their representative would then be requested to meet the
judge to provide further information or testimony or attend
reconciliation. If the disputing parties resolve disputes with
each other, the court will make a record to acknowledge the successful
reconciliation and issue the decision to recognize the agreement of
the parties. Where reconciliation fails, the court records that and
shall issue the decision to bring the case to trial.
Disagreements or
disputes arise when parties can not agree on issues related to contract
provisions, expected outcome or performance starndards...There are cases
when the dispute is over a debt obligations matters which a debt recovery law firm could assist at an early stage to manage
the collection process pre litigations including negotitions and managing
expectations of both sides.
ANT Lawyers, a law
firm in Vietnam will be available
to assist the clients when required to handle dispute matters out of court, at
court or through arbitration in Vietnam.
How ANT Lawyers Could
Help Your Business?
Contact Us for ADR & Mediation Services provided by
qualified mediators and lawyers, supported by field experts.
Via email ant@antlawyers.vn,
office tel (+84) 24 32 23 27 71 or talk to our partner directly at + 84
912 817 823.
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