The process of bringing a dispute to court is known as litigation when the parties cannot resolve the dispute on their own. There is a wide range of litigations including commercial, M&A, corporate, shareholder, employment, intellectual property, and debt recovery.
Litigation before the courts
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 to clarify our Clients’ 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 including lawsuit petition, self-declarations, applications, and other relevant documents at the request of the Court or to protect the Client’s legitimate rights and interests;
- Anticipate and prepare defenses to allegations and crossclaims for Clients;
- Negotiate and communicate with the parties and the judges regarding settlement offers;
- Advise 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;
- Take notes and copy documents and evidence presented by other involved parties or collected by the court;
- Represent clients at trial or appeal hearings and other working sessions including the filing/withdrawal/change of lawsuit petitions; submitting/receiving court fees in advance, and procedural costs (if any); participating in testimonies, confrontations, meetings to verify the handover, access, disclosure of evidence and conciliation, and court sessions; provide or receive relevant documents and evidence;
- Provide English translation of documents issued by the court or other parties;
- Report on the process of disputes;
- Minimize the impact of the dispute on the Clients’ business operations;
- 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.
Bui Cong Thanh
Managing Partner
Alex Ho Thanh
Senior Associate
Nguyen Thi Phong Lan
Senior Associate
La Thi My Huong
Associate
Le Thi Tuyet Mai
Junior Associate
Le Tan Canh
Paralegal
Nguyen Ngoc Tri
Paralegal
Doan Thi My Trinh
Senior Accountant
Phan Thi Chuc Y
Accountant
Banh Anh Nguyen
Admin - HR
Hua Thi Minh Thu
Communications Administrator
Ho Nhat Dan Ngan
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.
