As trade and investment between China and Vietnam continue to grow, disputes between Chinese enterprises and Vietnamese partners are becoming increasingly common. When negotiation fails, many Chinese companies ask the same question:
Is it difficult for a Chinese company to file a lawsuit in Vietnam?
The short answer is: it is possible, but it is not simple without proper legal preparation and local strategy. The difficulty does not lie in nationality itself, but in procedure, evidence, language, enforcement, and timing.
Understanding these factors early can make the difference between a recoverable claim and a costly dead end.
Under Vietnamese law, foreign companies—including Chinese enterprises—have the right to:
Initiate civil and commercial lawsuits
Participate in arbitration proceedings
Enforce judgments and arbitral awards (subject to legal procedures)
There is no legal prohibition preventing Chinese companies from suing Vietnamese entities. However, legal rights on paper do not always translate into smooth outcomes in practice.
Many Chinese companies worry about fairness or bias. In reality, most difficulties arise from procedural and practical issues, such as:
Strict filing requirements
Evidence standards
Language barriers
Enforcement complexity
Vietnamese courts and arbitration institutions focus heavily on documentation and procedural compliance. Even strong claims can fail if procedures are not followed correctly.
Court proceedings in Vietnam are conducted in Vietnamese.
For Chinese companies, this creates several challenges:
Contracts may be in Chinese or English
Evidence exists in multiple languages
Certified Vietnamese translations are required
Legal meaning may change during translation
In disputes, the Vietnamese version of documents often prevails. Misinterpretation or inaccurate translation can significantly weaken a claim.
This is one of the most underestimated risks for Chinese plaintiffs.
Whether a lawsuit is difficult often depends on how the contract was drafted.
Common problems include:
Generic templates used without adapting to Vietnamese law
Ambiguous dispute resolution clauses
Missing governing law or jurisdiction provisions
Poorly defined payment, delivery, or acceptance terms
Vietnamese courts rely heavily on the written contract. Commercial practices or verbal understandings common in China may carry little legal weight if not properly documented.
Chinese companies often face challenges with evidence because:
Transactions rely on informal confirmations
Approvals are given through messaging apps
Internal records are not centralized
Vietnamese courts require clear, consistent, and legally acceptable evidence. Missing or inconsistent documentation can delay proceedings or weaken claims.
Early legal guidance helps companies organize and preserve evidence properly.
Many Chinese companies assume that going to court is the default option. In reality, the contract may:
Require commercial arbitration
Limit court jurisdiction
Specify foreign arbitration institutions
Filing a lawsuit in the wrong forum can lead to dismissal and wasted time.
In some cases, arbitration may be faster and more enforceable, especially for cross-border disputes. In others, Vietnamese courts may be the only viable option.
Choosing the correct mechanism requires legal assessment before filing, not after.
One of the biggest misconceptions is that winning a lawsuit automatically leads to recovery.
Chinese companies often struggle with:
Locating assets of Vietnamese defendants
Delays in enforcement procedures
Defendants restructuring or dissolving entities
Limited leverage after judgment
A favorable judgment without enforceability offers little commercial value.
This is why enforcement strategy must be considered before initiating legal action.
Many Chinese companies wait too long before seeking legal advice.
By the time lawyers are involved:
Evidence may be incomplete
Informal concessions may have weakened claims
Limitation periods may be approaching
Early legal involvement significantly improves outcomes by preserving leverage and options.
In practice, Chinese companies find litigation in Vietnam difficult because:
Legal advice is sought too late
Contracts were not drafted for Vietnamese enforcement
Language risks were underestimated
Strategy focused on winning, not enforcing
These issues are not unique to Chinese companies—but they appear frequently in cross-border disputes.
Many companies engage lawyers only when disputes escalate.
This reactive approach leads to:
Higher legal costs
Limited strategic options
Repeated disputes across transactions
Disputes with Vietnamese partners are rarely isolated events.
Ongoing legal consultancy allows Chinese companies to:
Structure contracts properly from the start
Monitor performance and risk early
Receive legal input before disputes escalate
Prepare evidence continuously
Choose dispute resolution mechanisms strategically
Instead of reacting to crises, companies manage risk proactively.
Chinese companies operating factories, sourcing goods, or trading in Vietnam face cumulative legal risk.
Without continuous legal oversight:
Small issues turn into major disputes
Recovery becomes harder over time
Legal exposure increases unnoticed
Preventive legal management is essential for long-term operations in Vietnam.
DEDICA provides ongoing legal consultancy services and dispute support for Chinese enterprises operating in or trading with Vietnam.
DEDICA assists clients by:
Reviewing and drafting enforceable contracts
Advising on dispute resolution strategy
Supporting negotiation and pre-dispute stages
Representing clients in Vietnamese courts and arbitration
Managing enforcement and asset recovery strategy
DEDICA’s approach focuses on practical enforceability, local insight, and long-term risk control, not just litigation.
It is not legally difficult for Chinese companies to file lawsuits in Vietnam—but it can be practically challenging without proper preparation and local legal strategy.
Most difficulties arise from language issues, contract weaknesses, evidence gaps, enforcement planning, and late legal involvement.
By engaging ongoing legal consultancy, Chinese companies can reduce these risks, improve enforcement prospects, and approach disputes in Vietnam with clarity and confidence.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
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