If the parties cannot resolve the conflicts on their own, they can request for a commercial arbitration center to settle the dispute, instead of the national court. Commercial arbitration can refer to domestic and international commercial arbitration. Nowadays, using arbitration for dispute resolution is preferred to the traditional court because it offers the presence of specialized and experienced arbitrators, modern processes and confidentiality, as well as the possibility to save time.
Arbitration
How we can help:
- Commercial disputes: PLF participates in resolving disputes arising from business and commercial activities such as goods/products sale and purchase contracts, product and service contracts, OEM contracts; payment disputes; disputes during contract performance; disputes regarding compensation for damage and penalty; and other related disputes;
- Investment disputes: PLF helps Clients to resolve disputes arising from investing activities such as contributions, profit distributions, operations, shareholders’ agreements, internal disputes between investors, transfer of investment projects, and other related disputes;
- Intellectual property disputes: PLF helps resolve intellectual property disputes related to trademarks, industrial designs, patents (inventions, utility solutions), copyrights, industrial property rights and transfer of copyright. PLF assists Clients in litigation concerning the use of protected rights, the cessation of infringement and the claims for damages;
- Labor disputes: PLF helps resolve labor disputes such as disciplinary; layoffs; illegal unilateral termination; probationary contracts; training contracts; compensation for training costs; compensation for damages or benefits upon labor contracts termination; confidential information obligations; and other related disputes.
- Internal corporate disputes: PLF helps resolve disputes between members or shareholders and the company, between managers (chairman, director, members of the board of directors) among themselves or with the company regarding management and operation; disputes over the valuation of contributed assets or capital contribution; disputes over the transfer of shares or capital contribution; disputes over the distribution of profits; disputes over corporate restructuring; and other related disputes;
- M&A disputes: PLF helps resolve disputes arising directly or indirectly from mergers and acquisitions, including contractual disputes; confidentiality obligations; deposit; escrow activities; payment; property transfer; prerequisites; post-closing obligations; and other matters related to or arising out of the M&A transactions;
- Debt claims: PLF helps Clients to file lawsuits against the debtors to request payment.
How to proceed?
- Organize direct meetings with our team to clarify our Client’s requirements, targets, and concerns regarding disputes;
- Obtain documents, evidence, and information;
- Access, evaluate, analyze, preserve and verify evidence, regulations and key issues;
- Provide action plans and strategies to resolve the dispute, and determine a range of solutions for the dispute settlement;
- Prepare all documents and statements related to the dispute settlement;
- Anticipate and prepare defenses to allegations and crossclaims for Clients;
- Negotiate and communicate with the parties and the judges regarding settlement offers;
- Advice clients on actions, arguments of the parties, and issues arising during the process of resolving the dispute;
- Undertake risks analysis taking into account the interests of Clients and develop action plans to achieve final results;
- Represent Clients at working sessions at arbitration center;
- Provide English translation of documents issued by arbitration center or other parties;
- Report on the process of disputes;
- Minimize the impact of the dispute on the business operations of Clients;
- Provide a CRM account so our Clients can monitor the legal services and procedures;
- Hand over all documents to Clients when our services are completed.
Thanh Bui (James)
Managing Partner
Lan Nguyen (Megan)
Senior Associate
Huong La (Anna)
Associate
Mai Le (Sica)
Junior Associate
Nguyen Nguyen (Tony)
Junior Associate
Canh Le (Billy)
Paralegal
Trinh Doan (Anna)
Senior Accountant
Y Phan (Rachel)
Accountant
Nguyen Banh (Mia)
Admin - HR
Thu Hua (Hana)
Communications Administrator
Ngan Ho (Isabel)
Communications Administrator
Most Frequent Questions & Answers
Finding expert guidance in our FAQs section, which address common concerns and provide insights into corporate legal, accounting, and secretarial matters.
Registering a 100% foreign-owned company in Vietnam is possible. However, foreign investment is subject to regulatory limitations applied on each specific business sector.
In most cases, investors shall implement the following steps to establish a company:
Step 1: Obtaining an Investment Registration Certificate, abbreviated IRC (if any non-Vietnamese investors).
Step 2: Obtaining an Enterprise Registration Certificate, abbreviated ERC or BRC for Business Registration Certificate.
The company is established but the following steps are required for regulatory compliance:
Step 3: Post establishment procedures.
Step 4: Obtaining sub-licenses (if any).
IRC stands for Investment Registration Certificate which shall be obtained (in most cases) when a foreign investor wants to set up a project (such as establishing a company) in Vietnam at the beginning.
ERC stands for the Enterprise Registration Certificate which every company in Vietnam must have. In other jurisdiction it is sometimes referred to as the “Incorporation Certificate” or “Company Certificate”.
Joint Stock Company (“JSC“) and Limited Liability Company (“LLC“) are the most common types of company in Vietnam since they offer the following advantages:
- Limitation in liabilities of their shareholders/ members/ proportionate to their capital contribution;
- Flexible management structure;
- Conversion from JSC to LLC and conversely is possible.
In general, there is no minimum capital required by law when registering a company in Vietnam. Only some conditional business sectors such as real estate trading, banking or education have specific capital requirements.
However, the capital shall be sufficient in light of the intended business sectors and scale of operation.
For non-conditional business sectors, we usually need from 6 to 8 weeks to setup a foreign-invested company and 1 week for a Vietnamese-invested one.
However, especially for foreign-owned companies, the time can be extended due to various reasons such as additional requirements from the licensing authorities.
Contact Our Legal Team for Expert Guidance & Support
We welcome inquiries, consultation requests, and any legal concerns you may have. Please do not hesitate to contact us for reliable guidance and exceptional service.
