Thứ Sáu, 29 tháng 3, 2024

Employment lawyers in Vietnam

 



The slowing of global and Vietnam economy emerged from global geographical tensions, uneven recovery from pandemic (Covid-19), disruption of supply chain, and inflation depresses business investment, hence leads to weaker employment demand, and contributes to increasing potential employment disputes. Companies whom face increasing cost encounter the needs to reduce workforce, cut salary, and avoid bonus to streamline operation. Employee impacted by inflation look out for informal jobs that lack social protection. Many of the issues could be foreseen and hence disputes could be avoided if there are adequate agreements in place with the advice of employment dispute lawyers in Vietnam based on laws and the balanced benefits approach to neutralize the conflicts.



Our employment practice at ANT Lawyers helps clients with the following:

Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts.

Employment documents: drafting, negotiating and amending labour contracts, office rules and collective labour agreements.

Licensing requirements: advising on the obtaining of work permits for expatriates, registration of office rules and collective labour agreements.

Labour dispute: mediating and reconciling labour disputes, representing clients before Vietnamese courts for settlement of personal and collective labour disputes, representing employee in employment dispute matters in Vietnam for best interests protection.

You could learn more about ANT Lawyers Labour and Employment Dispute Resolution Practice or contact our Labour Dispute Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529 or talk to our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Thứ Hai, 25 tháng 3, 2024

The Benefits of Mediation Services

 



The process of integrating with market economy is developing strongly, which creates many opportunities for businesses to extend their operation and cooperate with international companies. As a result, dispute arising is inevitable. To coincide with benefits, especially information confidentiality under parties’ agreement, commercial mediation is one of the commercial alternative dispute resolution which is more and more popular.


Commercial mediation is a dispute resolution negotiated by parties and the mediator is the third party as an intermediary to support parties to resolve dispute under the regulations of Decree 22/2017/ND-CP on February 24th, 2017. Following the regulations, commercial mediation can be negotiated by parties before, after or at any time of dispute resolution process. By Decree 22, commercial mediation is applied in cases of a dispute between parties with at least one party practicing commercial activities or another dispute under the laws can be resolved by the commercial mediation. Moreover, participating in commercial mediation is voluntary and all the information of mediation shall be kept secret under parties’ agreement, provided that agreement’s content is legal.

Commercial mediation is becoming a popular dispute resolution because of its simple and flexible procedure, economical cost for parties. Parties have chance to choose a suitable procedure and avoid complicated legal procedure. Under the law on parties’ self-determination to choose any mediator and a place to proceed procedures, which helps parties select a mediator with professional skills on dispute resolution. Furthermore, parties could reach an agreement with good will and cooperating spirit. Both still continue to develop and protect business relationship because of parties’ benefits. Under the Decree, all the information involving dispute must be kept secret, unless parties have written agreement or current law has other regulations.

Under the law, parties are entitled to choose a mediator to resolve dispute. According to Decree 22/2017/ND-CP, commercial mediators include commercial case mediators and mediators from commercial mediation institutions selected by the parties or appointed by a commercial mediation institution at the request of disputing parties to support them to resolve dispute pursuant to regulations of this Decree. A person who wants to become a mediator must qualify conditions of Article 7 of Decree 22. Apart from general moral standards following Law on Civil, mediators must have a university or higher qualification and at least two years of working experience in their educated discipline, also mediation skills as well as legal understanding, knowledge of business and commercial practice. Instead of bringing the case to court, which parties cannot predict the result, even inextricable, choosing a mediator who is knowledgeable and experienced could help parties resolve dispute smoothly.

Pursuant to Civil Procedure Code 2015, time for resolving commercial disputes belonging to the jurisdiction of the Court could take years. Meanwhile, choosing mediation, parties take less time to resolve dispute. Moreover, dispute is absolutely resolved by parties’ agreement because in the mediating procedure, with mediator’s support, parties can show their decision on dispute resolution. Then, they can save significant cost.

Another benefit of dispute resolution is that parties decide themselves how to resolve dispute and can know the result. This is a prominent advantage of dispute resolution compared with other resolutions, which have unpredictable result. Importantly, mediation is a private procedure so that parties’ name is not revealed publicly during mediating procedure, decrease hazards to parties’ business reputation.

According to Investment Climate Advisory Services of the World Bank Group, Alternative Dispute Resolution Center Manual: A Guide for Practitioners on Establishing and Managing ADR Centers, mediating resolution has brought many benefits. For individual benefits, mediation reduces the need for enforcement proceedings to ensure one party complies with an agreement, since the parties enter into their settlement agreements consensually. For private sector benefits, mediation enhances private sector development by creating a better environment for business. It lowers the direct and indirect costs that businesses incur in enforcing contracts and resolving disputes.

Thứ Sáu, 22 tháng 3, 2024

Dispute Resolution with the Help of Arbitration Lawyers in Vietnam

 




Dispute Resolution Through Arbitration

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handling disputes requires the skills from litigation law firm with dispute lawyers in Vietnam whom bring in experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes. If the agreement between parties refer to arbitration as a method of dispute resolution, then it is suggested to engage arbitration lawyers in Vietnam for advice and representation.

Litigation at court or dispute through arbitration

In Vietnam, most of contracts refer to litigation at court as a method of dispute resolution. The overload of works the court might make dispute resolution taking over a long period of time, discouraging disputants to use litigation at court. Thing has changed over the last 10 years or so after the introduction of Law on Arbitration. In the current business environment, many lawyers have been introduced to arbitration as an effective ways to resolve disputes whom in term refer clients to use arbitration clause in the contract.
Valid arbitration agreement in the contract

For a dispute to be referred to arbitration, there must be a valid arbitration agreement in writing, either as an arbitration clause within a contract or a separate agreement. If the agreement is included within the context of a contract, the arbitration clause is considered independent, and any modification, extension, or termination of the contract does not affect the validity of the arbitration clause. Vietnamese law allows for a written arbitration agreement to take the form in any written form, so long as the writing clearly indicates the parties’ intent to resolve any dispute via arbitration. If a dispute falls within the scope of a valid arbitration agreement, but a party attempts to initiate court proceedings, the residing court does not have jurisdiction over the matter, and must drop the case. Moreover, an arbitration agreement does not have to stipulate specific dispute matters and/or the arbitration organization authorized to resolve disputes without supplemental agreement. Even if there is a valid arbitration agreement, Vietnamese Arbitration Law stipulates that in order for a dispute to go to arbitration, it must also fit into one of three categories:

(1) Disputes arising from “commercial activities”;

(2) Disputes where at least one party is engaged in commercial activities;

(3) Other disputes where the law stipulates that arbitration is a permissible means of resolution.

In category (1), the term “commercial activity” is defined in Commercial Law as “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.” The types of disputes that often fall into the second category are noncommercial disputes, such as civil disputes, where at least one party to the dispute is engaged in commercial activities. However, this category does not apply in disputes between a good/service provider and a consumer. In this case, the law allows the party to choose between litigation and arbitration. Even the agreement includes a standard arbitration clause in the supply of goods or services contract, the dispute may not be arbitrated without the consumer’s consent. The final category of disputes permissible for arbitration gives legislators discretion to expand or maintain the types of disputes resolved through arbitration. An example of a category (3) dispute is a dispute arising from investment activities governed by the Law on Investment.

Arbitration has become an extremely popular method of dispute resolution, as many businesses prefer it over the high costs of litigation.
How arbitration lawyers in Vietnam could help?

Arbitration lawyers in Vietnam at ANT Lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients throughout the process. The arbitration lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

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.

Real Estate Dispute Law Firms in Vietnam Discuss Land Disputes

 




What Procedures for Conciliation and Settlement of Land Dispute?

Land disputes or real estate disputes or property disputes in Vietnam are among the most complicated disputes which arise regularly in daily life in Vietnam. Resolving these kinds of disputes might take time and the lawyers at real estate dispute law firms in Vietnam could help identify the root causes and propose suitable approach for conciliation and settlement.
What types of land disputes in Vietnam?

The disputes related to land, real estate and property are normally of high value and are very diverse which may be dispute over land use right, ownership of house attached to land use right, disputes over rights to land usage rights resulted from inheritance, disputes on division of property during divorcedisputes of transfer and transformation transaction, leasing, sub-leasing, mortgage relating to property or land use rights.

What are land dispute resolutions in Vietnam?

Land use right dispute means a dispute over the rights and obligations of land users among two or more parties in a land use right relationship.

In case of conflict over land, what should parties do to settle dispute? If negotiation or mediation work, that is great. What if the alternative dispute resolutions do not help? Hence land dispute can be settled at court or settlement procedures at state administrative agencies.

Firstly, for some type of land disputes, conciliation procedure at commune-level People’s Committee of the locality where the disputed land is located is mandatory condition and procedure.

In particular, if conciliation by parties cannot be achieved, the parties may send a petition for conciliation to the commune-level People’s Committee of the locality where the disputed land is located.

The conciliation procedure carried out at the commune-level People’s Committees shall be completed within 45 days from the date which the commune-level People’s Committees receives a petition for settlement of land dispute. The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.

If the conciliation at a commune-level People’s Committee fails, land dispute shall be settled according to one of the following two cases.

If the land dispute in which the party possesses a certificate or any of the papers prescribed in Article 100 of Land law and the dispute over assets attached to land shall be settled by the People’s Court.

If the land dispute falls under cases which the party does not possess above papers, the parties may choose between the following two options of settlement: filing a written request for dispute settlement with a competent People’s Committee or filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures.

For the later, when the party choose to settle at competent People’s Committee, the chairperson of the district-level People Committee is responsible for the settlement of disputes among households, individuals and communities. If the parties disagree with the settlement decision, they are entitled to claim with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures.

In case one party is an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the parties disagree with the settlement decision, they are entitled to file claim with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures.

It should be noted that the legally effective decision on dispute settlement must be strictly abided by the parties. If the parties fail to comply, the decision shall be enforced.

The settlement of land disputes in which the disputing parties have no certificate or any of the papers prescribed in the Land Law and the Decree detailing a number of articles of the land law shall be based on the following grounds:

Evidences on the origin and use process of the land presented by the disputing parties;

Actual land areas currently used by the parties in addition to the disputed land area and the average land area per household member in the locality;

Conformity of the current use status of the disputed land with land use plans already approved by competent state agencies;

Preferential treatment policies toward persons with meritorious services to the State; Regulations on land allocation, land lease and land use rights recognition.
How lawyers at real estate dispute law firms in Vietnam could help?

In Vietnam, the people do not own land. Only land usage rights can be bought and sold. As said, disputes on land, property, real estate in Vietnam might be complicated due to the complexity of law and related regulations on land, the culture of land usage in Vietnam over the time.

Some types of land disputes must be reconciled at commune-level People’s Committee of the locality where the disputed land is located is mandatory condition and procedure. For other types of property and real estate disputes, the disputants could file the claim petition at court immediately. Understanding the difference of dispute resolution might be an issue. It is suggested to consult with lawyers at real estate dispute law firms in Vietnam for advice and representation at early stage for dispute avoidance or dispute resolution.

ANT Lawyers, a professional 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.

Thứ Năm, 21 tháng 3, 2024

Best Practices for Drafting Commercial Contracts in Vietnam

 



As an investor in Vietnam, one learns quickly that the one of the cornerstone of successful risk management for business operations is a well-drafted commercial contract. The robustness of commercial contracts often reflects the resilience of a business against the complexities of the Vietnamese market.


Here are insights into drafting commercial contracts to safeguard interests and navigate risks.
Drafting Commercial Contracts in the Vietnamese Market

The art of drafting commercial contracts in Vietnam requires an in-depth understanding of the local legal environment. The Vietnamese market, burgeoning with opportunities, also comes with its share of risks. Every draft commercial contract should be seen as a shield, tailored to protect against these risks.

The first step is ensuring that every draft commercial contract adheres to Vietnamese laws and customs. This is pivotal because a contract that overlooks local regulations is like a ship without an anchor—it won’t stand up to legal scrutiny when you need it most. A draft commercial contract should encompass clauses that are compliant with local laws, from labor codes to tax regulations.
Commercial Contract Types and Their Risks

In Vietnam, each draft commercial contract type comes with its unique set of risks. For instance, a Joint Venture Agreement is crucial when entering partnerships with local entities to target new clients or develop products. However, while drafting commercial contracts, it’s essential to include clauses that address profit distribution and conflict resolution, which are often points of contention.

Similarly, a Shareholders’ Agreement must be meticulously drafted to prevent power imbalances and ensure that the company’s and investors’ best interests are upheld, especially when dealing with the issuance of shares or company establishment.

When it comes to Supply Agreements, a key risk is the reliability of local suppliers to be considered while drafting commercial contracts. Ensuring that every draft commercial contract includes terms for quality control, delivery timelines, and penalties for non-compliance can mitigate these risks. This vigilance is essential in Vietnam, where supply chains are still developing.

Strategies for Risk Management While Drafting Commercial Contracts

1. Due Diligence: Before drafting a commercial contract, conduct thorough due diligence. Understand the market trends, legal frameworks, and the potential partner’s reputation.

2. Clarity and Detail: A draft commercial contract should be clear and detailed, avoiding ambiguity that could be exploited. Define terms, roles, obligations, and deliverables with precision.

3. Risk Allocation: Define and allocate risks fairly in the draft commercial contract. This includes foreseeing scenarios like market volatility, regulatory changes, or potential disputes.

4. Dispute Resolution Mechanisms: In the Vietnamese context, it’s advisable to include clear dispute resolution clauses in your draft commercial contract. Consider arbitration in Vietnam or a neutral country, as court systems can be challenging for foreigners due to language and legal differences.

5. Protection of Intellectual Property: Vietnam’s integration into the global economy has made intellectual property rights increasingly significant. Draft commercial contracts must include clauses to protect these rights, especially in Joint Ventures or Technology Transfer Agreements.

6. Flexibility for Changes: Include provisions in your draft commercial contract that allow for renegotiation or termination in response to changes in Vietnamese law or economic conditions.

7. Insurance and Guarantees: Require insurance or bank guarantees, particularly in Construction or Manufacturing Agreements, to cover unforeseen events.

8. Compliance with International Standards: Align the terms in your draft commercial contract with international best practices and standards, which can help navigate cross-border transactions.

9. Local Legal Counsel: Engage a local Vietnamese lawyer experienced in drafting commercial contracts to review and advise on your drafts. This can ensure the contract’s enforceability.

10. Regular Reviews: The dynamic nature of the Vietnamese market means regular reviews of your commercial contracts are necessary to ensure they remain relevant and effective.

Drafting commercial contracts in Vietnam is not merely a transactional task—it’s a strategic one. Each draft commercial contract must be approached with diligence, foresight, and a deep understanding of the Vietnamese business milieu. The right contract serves as a lifeline in turbulent times and a roadmap to success in calmer waters. By incorporating these best practices, investors can approach the Vietnamese market with confidence, secure in the knowledge that their commercial interests are protected to the greatest extent possible.
ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Thứ Tư, 20 tháng 3, 2024

Infrastructure Energy in Vietnam



Vietnam’s energy sector is booming, attracting international investors and companies eager to participate in the country’s ambitious energy projects. Navigating the complex legal landscape of this dynamic industry requires expertise and a deep understanding of the local regulations. ANT Lawyers, an energy law firm in Vietnam, provide legal advice in energy law and is here to guide you through the intricacies of the sector.



Our Expertise in Energy Law

At ANT Lawyers, we recognize the critical role that energy plays in Vietnam’s development. Our team of experienced lawyers in Vietnam is dedicated to providing comprehensive legal services tailored to the needs of our clients in the energy sector.

Project Compliance and Advisory

We have a proven track record of advising multinational corporations such as Toshiba Corporation, Mitsui Engineering & Shipbuilding Co., IHI Corporation, and CTCI on compliance and regulatory matters related to energy projects in Vietnam. Whether it’s ensuring compliance with local laws or navigating the complexities of international agreements, our energy lawyers are well-equipped to provide expert guidance.

EPC Consortium Support

Our expertise extends to assisting companies forming Engineering, Procurement, and Construction (EPC) consortiums. In projects like the Van Phong Power Plant in Khanh Hoa Province, where Japanese and Taiwanese companies collaborated, ANT Lawyers played a pivotal role in providing legal advice on compliance, enabling project execution.

Renewable Energy Investment

As Vietnam increasingly embraces renewable energy sources, ANT Lawyers is at the forefront of this transition. We advised ASIA RENERGY in the Thuan Nhien Phong Wind Power Plant project in Binh Thuan Province. Our services included corporate structuring to facilitate investor participation in this wind power project, ensuring compliance with all relevant regulations.
Why chose ANT Lawyers, an energy law firm in Vietnam

In-Depth Industry Knowledge: Our energy lawyers possess an in-depth understanding of Vietnam’s energy sector, including the regulatory framework and industry trends. This knowledge allows us to offer the most relevant and up-to-date legal advice.

Multinational Experience: ANT Lawyers has a record of working with multinational energy companies, making us well-versed in the unique challenges and opportunities faced by international investors in Vietnam’s energy market.

Customized Solutions: We understand that every energy project is unique. Our team tailors legal solutions to meet the specific needs of our clients, ensuring that their interests are protected throughout the project’s lifecycle.

Local Insight: As a Vietnam-based law firm, we possess a deep understanding of the local business environment, culture, and language. This local insight is invaluable when dealing with government authorities and local partners.

Comprehensive Support: From project inception to completion, ANT Lawyers offers comprehensive legal support. Whether it’s corporate structuring, compliance, contract negotiations, or dispute resolution, we are your trusted legal partner every step of the way.
Discover Your Path to Success with ANT Lawyers

In Vietnam’s fast-evolving energy sector, having a knowledgeable and experienced legal partner is essential. ANT Lawyers, with its team of dedicated lawyers, is committed to helping you achieve success in your energy ventures.

Whether you are a multinational corporation looking to invest in Vietnam’s energy projects or a local company seeking legal guidance, ANT Lawyers is here to provide expert advice and ensure your energy endeavors thrive. Partner with us, and together, we’ll power your success in Vietnam’s vibrant energy sector.

We have been involved in several major projects:

– Telecommunications

Nortel Networks Canada, a contractor in HTC infrastructure mobile networks project for Vietnam Mobile operator;

– Construction and Energy Project

Toshiba Corporation,

Mitsui Engineering & Shipbuilding Co.,

IHI Corporation

CTCI Corporation, EPC consortium in Van Phong Power Plant in Khanh Hoa province;

– Energy and power

ASIA RENERGY, in Thuan Nhien Phong Wind Power plant in Binh Thuan province.
ANT Lawyers is a law firm in Vietnam with English speaking lawyers in Hanoi, Danang and Ho Chi Minh City.

As a single, fully integrated, global partnership law firm in Vietnam, we pride ourselves on our approachable, collegiate and team-based way of working.




ANT Lawyers is a member of International Bar Association, Vietnam Bar Federation, Hanoi Bar Association.

ANT Lawyers is an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.

Thứ Hai, 18 tháng 3, 2024

Real Estate Dispute Lawyers in Vietnam Could Help with Property Disputes

 




What Are Real Estate Issues During Transaction: How Real Estate Dispute Lawyers in Vietnam Could Help?

The buyer and seller would neglect to use lawyers until real estate dispute lawyers in Vietnam are needed.

The real estate market is always an attractive market with a large source of potential speculative profits for investors. Because real estate transaction is always high in value, and buying a property for most people is always a life time important decision, and many times with the financial support from the bank, therefore in developed country, real estate lawyers are always involved in all steps of the transaction to ensure the legitimate transfer of the property. When dispute arise, real estate dispute lawyers in Vietnam will then be referred to for advice and representation.

Disputes arisen from deposit agreement, sales and purchase agreement in Vietnam

In Vietnam, in reality, many real estate transitions are conducted by the buyer and sellers themselves without real estate lawyers in Vietnam and there are many disputes arisen from the transactions in regard to property deposit agreement, property sales and purchase agreement between real estate developer and buyer for a new property, or between buyer and the previous property owner for resale property.

Residential property is one of the common types of real estate traded, so when joining in transactions related to property, it is necessary to ensure the conditions for property transfer. The related parties need to comply and meet the requirements of the above conditions for a successful transfer transaction.
Conditions for the property to be transferred: free from claim or dispute from other parties

Conditions for property transfer transaction include the following basic points: the transferred property is not in a dispute, complaint, or claim about ownership; the transferred property shall be within the property ownership period, in the case of property owners with a definite term; the transferred property is not distrained for judgment enforcement or distrained to comply legally effective administrative decisions of competent state agencies; the transferred property is not subject to a decision on land recovery or a notice of house clearance or demolition issued by a competent agency.

For the conditions on the parties to the property transaction, the property transferor needs to meet the following conditions:
Seller of the property has the right to sell or not?

The transferor is the owner of the property or the person permitted or authorized by the owner to carry out the transaction on property according to the provisions of law;

In case of transfer of a commercial house purchase and sale contract, the transferor shall be the person who bought the house from the investor or the person who has received the transfer of the house purchase and sale contract;

If the transferor is an individual, this person shall have full civil act capacity to carry out transactions on housing under the provisions of civil law;

If the transferor is an organization, it shall have legal status, unless the organization donates a house of gratitude or charity.
Can the buyer meet conditions to buy the property?

At the same time, the transferee shall also meet the conditions, specifically including the following conditions:

If the transferee is a domestic individual, this person shall have full civil act capacity to conduct property transactions under civil law and it is not required to them to have permanent residence registration in the place where the housing transferred is located;

If the transferee is a foreign individual or overseas Vietnamese, this person shall have full civil act capacity to carry out transactions on housing under Vietnam law. In addition, this person must be eligible to own houses in Vietnam according to the provisions of law and it is not required to them to have temporary residence registration or permanent residence registration at the place where the housing transferred is located;

If the transferee is an organization, it shall have legal status and not depend on the place of business registration and establishment; if it is a foreign organization, it must be eligible to own a house in Vietnam according to the provisions of law; if the organization is authorized to manage to house, it must have the function of providing real estate services and be operating in Vietnam under the law on real estate business.
What are potential disputes during the property transaction?

There are also disputes arisen from situations in particular:

The market price of the property increase or decrease during the time of transaction and one of the party would like to pull out of the transaction.

The sales and purchase of property is completed and registered at the authority but the seller continue to live there refuse to hand-over the property for some reasons for some unknown time.

The developer might change the design of the property as compared to the property details described in the sales and purchase agreement.

The quality of the property do not meet the specifications in the sales and purchase agreement.

Further, there are fraudulent acts in sales and purchase of property as well which one could also need to carefully pay attention to when entering into property transaction.
How real estate dispute lawyers in Vietnam could help?

As said, there are many situation that dispute could arise in a real estate transaction. It is important to engage real estate law firm specializing in real estate transaction for buying and selling property in Vietnam to avoid potential disputes and protect their best interest for seller and safeguard investment for buyer. When encountering dispute, the buyer or seller need to engage real estate dispute lawyers in Vietnam to handle dispute resolution.