#37 Commercial Disputes in Vietnam: Court or Arbitration, 8% penalty, and recovering money after winning

Welcome back to The Lawyers Talk channel from BLawyers Vietnam. I’m Huynh Kim Thanh, and I’m glad to be with you in today’s episode No. 37 of the BLawyers Vietnam podcast. Before we begin, let’s imagine a very practical situation: your business has delivered the goods, provided the services, and fulfilled its contractual obligations, but the other party delays payment, avoids responsibility, or even terminates the contract without prior notice. At that point, the question is not only “who is right and who is wrong”, but also: what should the business do to protect its interests effectively?Today’s topic is about the questions that BLawyers Vietnam most frequently receives from clients who wish to resolve a commercial dispute in Vietnam. Instead of discussing legal rules in a dry or purely technical manner, we will approach this topic from a practical business perspective: how to choose the right dispute resolution forum, how to make penalty and late payment interest clauses truly meaningful, and how to make sure that winning a case does not remain only a judgment or award “on paper”.A commercial dispute is a dispute arising from commercial activities between parties who are referred to as “traders” in Article 6 of the Law on Commercial 2005. Accordingly, Article 3 of the Law on Commercial 2005 defines commercial activities as activities carried out for profit-making purposes, including the sale and purchase of goods, provision of services, investment, trade promotion, and other profit-making activities. So, when a dispute arises within the scope of these activities, it can take many different forms depending on its underlying nature. For example, this can include a dispute over goods delivered that fail to meet agreed quality standards, or a dispute arising from a party’s prolonged delay in payment, or a dispute arising when a party unilaterally terminates a contract without prior notice, or simply an outstanding debt that has never been fully resolved. Whatever the situation, how a business prepares for and responds to it from the very beginning will largely determine the final outcome...Read more, please click here: https://www.blawyersvn.com/37-commercial-disputes-in-vietnam-court-or-arbitration-8-penalty-and-recovering-money-after-winning/⁠﹌﹌﹌﹌﹌﹌﹌﹌The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, or if you would like to collaborate and use BLawyers Vietnam’s legal advisory services, please contact us at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠[email protected]⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. We will be delighted to hear from you.📀 By: Thanh HuynhIf you like this Podcast episode, please consider donating to us at Paypal by the following link: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://www.paypal.com/paypalme/BLawyersVietnam⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠You may also follow the content of our Legal news, Legal articles and Monthly Newsletters on social media platforms by visiting:BLawyers Vietnam Website: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠blawyersvn.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam LinkedIn: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠linkedin.com/company/b-lawyers-vietnam⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam Facebook page: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠facebook.com/BLawyersVietnam⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam Twitter (X): ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠twitter.com/BLawyers_VN⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam Apple Podcasts: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Podcasts.apple.com/vn/podcast/the-lawyers-talk⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam Spotify: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Spotify.com/show/BLawyersVietnam⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam Google Podcasts: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Podcasts.google.com/feed/BLawyersVietnam⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠BLawyers Vietnam YouTube Podcasts: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://www.youtube.com/@blawyersvietnam3376/podcasts