Question 1

Should I choose the Court or VIAC to resolve a dispute?

Accepted Answer

VIAC is suitable when: the transaction has an international element; absolute confidentiality is required; specialized commercial arbitrators are needed; the award needs to be enforced abroad (New York Convention — 170 countries). The Court is suitable when: the dispute is purely domestic; the disputed value is small; provisional emergency measures are needed immediately; or the contract has no arbitration clause. Important note: VIAC only has jurisdiction if the contract contains an arbitration clause.

Question 2

What is the limitation period for filing a commercial dispute lawsuit?

Accepted Answer

Commercial disputes: 2 years from the time you become aware that your lawful rights and interests have been violated (Article 319, 2005 Commercial Law). General civil disputes: 3 years (Article 429, 2015 Civil Code). Intellectual property infringement (civil): 2 years from when the infringement is discovered. IMPORTANT: once the limitation period expires, the right to sue is lost — act as soon as you discover an infringement.

Question 3

How much does it cost to pursue a commercial lawsuit?

Accepted Answer

Costs include: an advance court fee of 2% of the disputed value (minimum VND 300,000), or a VIAC fee of about 2-5% of the disputed value; plus LTV Law's legal fees (contact us for a quote based on the complexity and value of the case). If you win, the court may order the losing party to bear some or all of the litigation costs.

Question 4

What are provisional emergency measures, and when should they be applied?

Accepted Answer

Provisional emergency measures (Article 114, 2015 Civil Procedure Code) allow the freezing of the opposing party's assets and bank accounts while awaiting trial, to prevent asset dissipation before enforcement. They should be applied as soon as there are signs that the opposing party is transferring real estate unusually, withdrawing funds from accounts, dissolving the company, or transferring assets. LTV Law files urgent requests for provisional emergency measures within 24-48 hours.

Question 5

Where are internal shareholder disputes resolved?

Accepted Answer

Disputes between a shareholder and the company, or among shareholders themselves (concerning dividends, voting rights, information, or share transfers), fall under the jurisdiction of the provincial Court under Article 30 of the 2015 Civil Procedure Code. We recommend first attempting internal negotiation or convening an extraordinary meeting of the general assembly of shareholders/members; if that fails, LTV Law will assist with filing suit.

Question 6

Can a VIAC arbitral award be appealed?

Accepted Answer

An arbitral award is FINAL and has no ordinary right of appeal. However, it may be set aside by a court (Article 68, 2010 Law on Commercial Arbitration) in the following cases: the arbitration agreement is invalid; the composition of the arbitral tribunal was improper; there was a serious violation of arbitral procedure; or it violates Vietnam's public policy. To enforce the award in Vietnam: file a request for recognition at the provincial Court.

Question 7

If the opposing party is a foreign company, where should I sue?

Accepted Answer

If the contract has already chosen a Vietnamese court or VIAC: file suit in Vietnam as agreed. If the contract contains no such clause: the Vietnamese Court has jurisdiction if the defendant has its headquarters, a branch, or assets in Vietnam (Article 469, Civil Procedure Code). A Vietnamese court's judgment must be recognized by the foreign court to be enforced abroad — this is usually complex. LTV Law recommends including a VIAC arbitration clause in every contract with an international element.

Question 8

What kinds of disputes does LTV Law have experience with?

Accepted Answer

LTV Law has deep expertise in: commercial and service contract disputes; intellectual property disputes (trademarks, copyright, patents); shareholder and internal corporate disputes; investment and M&A disputes; and labor disputes. With over 10 years of litigation experience before the Court and VIAC, we have successfully represented clients in hundreds of commercial disputes across many sectors.

Cost item	Fee
Advance court fee (civil court)	2% of the disputed value (minimum VND 300,000)
VIAC fee (reference)	~2-5% of the disputed value
Initial case assessment consultation	Free
LTV Law litigation representation fee	Contact for quote
Negotiation/mediation fee	Contact for quote

Commercial Litigation

Quick information

3 Methods for Resolving Commercial Disputes

Negotiation / Mediation

VIAC Arbitration

The People's Court (Court)

Limitation Period — Important to Know

Types of Disputes LTV Law Handles

Commercial Dispute Resolution Process

Documents to Prepare