Dispute resolution practice at ANT Lawyers in Viet Nam

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us for inquiries through email ant@antlawyers.vn, call our office at +84 4 3520 2779 or talk to our partner directly at  + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

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DEBT RECOVERY SERVICE IN VIETNAM

Debt recovery is always a big problem for businesses and individuals. In order to promote the production process, the process of debt recovery is always one of the concerns with the business leaders.

One of the the appropriate method is the intervention of law. ANT Lawyers Co., Ltd is a leading legal consultancy in Vietnam, with a team of experienced lawyers and legal experts that have participated and solved many debt recovery cases for businesses and individuals.

We will:

– Study the case to find the legal basis and debt data that should be handled;

– Assess the payment capability of the debtor to creditor;

– Represent the client to exposure debtor to negotiate, persuade and require debt repayment;

– Advice and instruct customer the most beneficial solutions in accordance with the law;

– Implement civil proceedings, economic proceedings or criminal proceedings against law enforcement agencies, depending on the type of entity and the nature of the transactions arising overdue debts;

In case of debt recovery through litigation, we will help customer:

– Draft petition and other papers relating to the recovery of debt;

– Represent client (individuals and organizations) to submit the petition to the Court and the competent authorities to recover the debt as stipulated by law;

– Appoint attorney to participate in protecting the legitimate rights and interests of clients (individuals and organizations) at the Court at all levels;

– Represent client (individuals and organizations) to participate in judgment enforcement

If you need help in addressing debt recovery and litigation issues, please either email us at ant@antlawyers.vn or call to our office at: +84 8 35202779.

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Corporate and Mergers and Acquisitions ( M&A) Legal Services in Vietnam

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

Incorporation service: advising on business structure, drafting documents, negotiation with local companies and authorities and obtaining licenses and approvals.

Post-licensing procedures: advising on the obtaining of various registration, approvals and permits for foreign invested companies in Vietnam.

Management: advising on the operation of the board of management of a joint venture company or a wholly foreign owned capital, the appointment of key management personnel.

Due diligence: reviewing documents and issuing due diligence reports on the legal status and operation of both domestic companies and foreign invested companies in Vietnam.

Commercial contracts: drafting, negotiating and amending many types of commercial contracts including lease agreements, sales and distribution agreements, agency agreements and service contracts.

Let ANT Lawyers help your business in Vietnam.                   

Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at  + 84 912 817 823.

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WHAT ADMIRALTY AND MARITIME LEGAL MATTERS IN VIETNAM INVOLVE?

Admiralty and maritime lawyers in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

When legal proceeding arises from a maritime casualty or dispute admiralty and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

Additionally admiralty and maritime lawyers in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle is as folllowing:

• Casualty Defense, Investigation and Litigation
• Collisions
• Cargo damage
• Personal injury and death (seamen, longshoremen and passengers)
• Property damage
• Product liability
• Shipowner’s limitation of liability
• Marine Liability Insurance
• Commercial Disputes
• Bills of Lading
• Charter party disputes
• Vessel mortgage foreclosure
• General Average and Salvage Claims
• Vessel Regulatory Matters
• Regulatory compliance
• Civil fines and penalties
• Security issues
• Maritime Contracts
• Contracts of affreightment, bills of lading and charter parties
• Drafting and advice
• Recreational Boating
• Injuries and Property Damage
• Product Liability
• Sales and documentation
• Subrogation

ANT Lawyers has law been partnering with a number of UK, US, and Australian law firms in advising clients in admiralty and maritime in Vietnam.

Send us request via email at ant@antlawyers.vn or call us at +848 3522779.

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FORMS OF DISPUTES AND APPROACHES TO SETTLEMENT

Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties.

The formation of market economy in Vietnam took place in the context of the development in the width and depth of the economic ties at a significant fast pace that make Vietnam an important part of the world supply chain.  Vietnam suppliers could sell the goods and services to the world and the foreign supplier could also export their goods and services to Vietnam market.  Further, as the Vietnam market opens up, foreign investors could invest through various forms of investments in Vietnam i.e. acquire equities in Vietnam companies, establish business in Vietnam.  During this process, disputes are an inevitable result which has been growing in scale and complexity.

Most should agree that disputes shall be construed as the dissent, inconsistencies or conflicts of interests, rights and obligations between the parties in the economic relations at different levels. Accordingly, economic disputes can have the following basic forms:

1. Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes,intellectual property disputes, and disputes over contract for supply of goods or services…

2. Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…

3. Disputes between countries in the implementation of the international bilateral and multilateral agreements.

In Vietnam, as the disputes arise, parties involved could consider resolving the matters through negotiation, mediation, arbitration, or taking court actions after taking consideration of various factors including cost, time, and the complexity of the disputes.  Litigation law firm in Vietnam with skillful dispute lawyers should be consulted to provide the suitable advice for dispute resolution.

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MANDATORY ANNOUNCEMENT OF COSMETIC PRODUCT

Business owners being organizations and individuals responsible for launching cosmetic products on the market are only allowed to put into circulation when the competent state agencies approve and the business owners must bear full responsibility for the safety, efficiency and product quality. Competent state agencies will conduct post-trade test when the products are being sold to the market.

Cosmetics are substances or preparations used in contact with the external parts of the human body (skin, hair, nails, lips and external genital organs) or the teeth and oral mucosa with the main purpose is to clean, perfume, change appearances, form, adjust body odor, or protect body or to keep the body in good condition.  The following will provide conditions and list of cosmetic types subject to mandatory annoucement.

1. Conditions to apply:

– Organizations and individuals responsible for launching the product into circulation on the market must have function to doing cosmetics business in Vietnam

– The announcement of the features of cosmetic products (intended use of the product) must satisfy the ASEAN guidelines on disclosure features of cosmetic products

2. Kinds of cosmetic that have to announce the distribution of cosmetics:

Kinds of cosmetic products must disclose the circulation of cosmetic products:

– Cream, emulsion, lotion, gel and oil for skin (hand, face, feet)

– Face mask (with the exception of chemistry peeling products)

– Tinted (liquid, paste, powder)

– Makeup powder, after shower powder, toilet powder

– Bath soap, deodorant soap

– Perfume, toilet perfume

– Products for bath or shower (salt, foam, oil, gel)

– Hair removal products

– Deodorants and anti-perspirants

– Shaving products (cream, foam, lotion)

– The makeup and makeup remover products for face and eyes

– Products used for lips

– Products for take caring teeth and mouth

– Products for nail care and adorn

– The products used to clean the outside

– Sun cream products

– Products for tanning without sun

– Skin whitening products

– Anti-wrinkle products

– Other products

Some products which are not classified as cosmetics:

Anti-mosquito products, air freshener, fabric softener, bleach, toilet, oxygen liquid, antiseptic alcohol 700, alcohol 900, denture cleaning products that are not exposed to the oral cavity, fake eyelashes, liquids to take care of eyes/nose/ears, against nasal congestion product, anti-snoring products, vaginal lubrication gel, ultrasound gel, the product in contact with the genital, rectal enema, anesthesia , reduce/control the swelling/edema, dermatitis treatment, allergy relief, anti-fungal, anti-virus products, stimulate hair/eyelash growth, the product removed/reduced fat/ reduced body size, weight loss products, prevent/stop hair growth products, stop sweating process, permanent tattoo ink, remove keloid scars reduction products, wound cleaning products.

To get the best advice for announcing cosmetic products procedures in Vietnam, please contact us atant@antlawyers.vn or call us at + 84 835202779.  To learn more about us, please visit www.antlawyers.vn 

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

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HIGH-TECH CRIME IN VIETNAM

The Vietnam Public Security have arrested a number of foreigners using of fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.

Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.

It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts.  The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common.  Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violation of Vietnam Criminal Code.

Currently, under the provisions of the Vietnam Criminal Code, Article 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for a stricter sanctions to deter and prevent it from spreading.

However the Vietnam law experts have also admitted that the current Vietnam Penal Code also have limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.

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