Mediation is a voluntary process allowing the parties to play the primary roles in discussing their disputes in good faith. Mediation can be conducted by both parties or with the assistance of a professionally trained person (mediator). Generally, the mediation process is implemented prior to initiating legal proceedings before the courts or arbitration centers.

We put your business objectives first and therefore look for time and cost-saving dispute resolution solutions. Instead of immediately initiating long and complicated legal proceedings, we suggest that the parties promote and implement negotiation, conciliation, and mediation. At all times, our lawyers act in good faith to try to reach a settlement of the dispute – to protect the Clients’ interests. If negotiation and conciliation are not effective, our experienced lawyers are prepared to guide and support Clients in litigating and resolving disputes before the courts or arbitration centers.

How we can help:

  • Pre-litigation mediation: Prior to filing a lawsuit before the courts or arbitration centers, mediation stands as an opportunity for both parties to negotiate (without a presence of a mediator). Our lawyers will work directly or side-by-side with Clients to work with the other parties regarding the settlement of the dispute.
  • During mediation: In case the dispute is resolved at a mediation center, PLF can send a legal expert to represent our Clients to work with other parties and mediators during the mediation process.
  • Drafting request: PLF will draft letters to partners requesting the performance of obligations, express expectations, and give warnings of further legal action. On the contrary, we also help the receiving party to analyze requests, and arguments to propose action plans, draft responses, and request more information.
  • Direct negotiations: PLF will participate as a lawyer or represent Clients in work sessions and negotiations with other parties.
  • Dispute evaluations: PLF will request information related to the dispute to analyze and evaluate the possibility of a lawsuit based on current legal regulations. This service is usually applied when a party has breached a contractual obligation but is not sure if the debt can be recovered, when the breach occurred a long time ago or in cases where clients are not sure if they can win the case;
  • Post-Mediation: In case the parties successfully agree to settle the dispute, PLF will help clients to ensure that the statement agreed by the parties or adopted by the mediator is carried out.

How to proceed?

  • Organize direct meetings with our team to clarify our Clients’ requirements, targets, and concerns regarding disputes;
  • Obtain documents, evidence, and information;
  • Access, evaluate, analyze, preserve and verify evidence, regulations, key issues;
  • Provide action plans and strategies to resolve the dispute, and determine a range of solutions for a dispute settlement;
  • Prepare all documents and statements related to the dispute settlement;
  • Advise Clients on actions, arguments of the parties, and issues arising during the process of resolving the dispute;
  • Prepare for mediation sessions including undertaking risks analysis taking into account the interests of Clients and developing action plans to achieve final results;
  • Provide English translation of documents issued by mediators or other parties;
  • Report to Clients on the status of the case or propose termination of mediation in favor of litigation;
  • 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.

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.

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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.

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