The procedures and process for resolving commercial disputes in Vietnam are a major concern for many businesses as legal risks continue to increase. Disputes arising from contracts, payments, profit sharing, and other commercial activities—if not handled properly—may lead to financial losses, loss of business partners, and serious damage to corporate reputation. So where should businesses begin, which approach should they choose, and how can they best protect their legitimate rights and interests?
Commercial disputes do not usually “explode” suddenly; instead, they often stem from minor conflicts that accumulate during business cooperation. A clear understanding of the commercial dispute resolution process in Vietnam helps businesses remain proactive and avoid being caught off guard when legal risks arise.
In practice, many commercial disputes in Vietnam originate from familiar but often overlooked issues, such as:
Poorly drafted contracts with unclear terms and insufficient mechanisms for handling breaches
One party’s failure to perform payment, delivery, or service obligations
Different interpretations of rights and obligations under the contract
Changes in legal policies or market conditions that make the original agreement no longer suitable
The most concerning issue is that many businesses only recognize these risks when disputes have already escalated, resulting in significant financial and time losses.
Under current regulations, commercial disputes in Vietnam may be resolved through various methods, including:
Negotiation between the parties
Commercial mediation
Resolution by commercial arbitration
Litigation before a competent court
Each method has its own advantages and disadvantages. Choosing the wrong approach from the outset may cause businesses to lose the opportunity to recover their rights or unnecessarily prolong the dispute.
After determining the most appropriate method, businesses must clearly understand the relevant procedures to avoid mistakes related to documentation, time limits, and jurisdiction.
Negotiation and mediation are often the first steps in the commercial dispute resolution process in Vietnam. These methods are flexible, cost-effective, and help preserve business relationships.
The basic process includes:
Parties exchanging viewpoints, claims, and proposed solutions
Engaging a neutral mediator (such as a lawyer or mediation organization), if necessary
Preparing a written settlement agreement if consensus is reached
However, the biggest risk of this method is that the agreement may lack enforceability if it is not carefully drafted from a legal perspective.
Commercial arbitration is a popular choice for businesses, especially in contracts involving foreign elements. A prerequisite is the existence of a valid arbitration clause in the contract.
The arbitration process typically includes:
Filing a request for dispute resolution
Establishment of the Arbitral Tribunal
Exchange of statements of defense and evidence
Arbitration hearings
Issuance of the arbitral award
The advantages of arbitration include confidentiality, faster resolution, and final and binding awards. However, arbitration costs may be high for complex disputes.
In many cases, court litigation is the last resort when other methods fail to achieve results.
The court dispute resolution process includes:
Preparing a complete lawsuit dossier with proper jurisdiction
Filing the claim and paying the court fee advance
Mandatory court-led mediation stage
First-instance and appellate trials (if appealed)
Enforcement of the judgment
Although court judgments are highly enforceable, the process is often lengthy and requires a well-structured legal strategy to avoid additional risks.
Many businesses only seek legal counsel after disputes have already escalated. In fact, a well-prepared legal strategy from the outset can help businesses resolve commercial disputes more quickly, at lower cost, and while preserving their reputation.
DEDICA Law not only assists businesses once disputes arise, but also supports them by:
Reviewing and drafting well-structured contracts to minimize dispute risks
Assessing legal risks before selecting dispute resolution methods
Representing clients in negotiations and mediations to optimize outcomes
Representing clients in arbitration or court proceedings with clear legal strategies
With extensive experience handling complex commercial disputes, DEDICA understands that each business requires a tailored legal solution—there is no one-size-fits-all formula.
When working with DEDICA Law, clients will receive:
Clear advice on commercial dispute resolution procedures and processes
Advance assessment of timelines, costs, and chances of success
Regular updates on case progress
A client-centered approach focused on business objectives and interests
We believe that dispute resolution is not merely about winning or losing, but about safeguarding the long-term, sustainable development of businesses.
Do not let hidden legal risks disrupt your business operations. Contact DEDICA Law today for a tailored legal strategy, helping you resolve commercial disputes in Vietnam effectively and safely.
Contact DEDICA Law Firm for in-depth legal consultation!
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