VDD LAWYERS’ legal counselling services on Commercial Litigation help clients with the following:

Service 1: Dispute settlement and Litigation
Service 2: Request for the cassation procedure

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Service 1: Dispute settlement and Litigation

The scope of work for the litigation either at a competent court or arbitration body in Vietnam includes any and/or the following four steps:

Step 1: Assessing the Client legal position in the Dispute with the opposing party(ies)

  • Verifying and assessing the documents and information provided by the Client;
  • Searching, checking and analysing the relevant laws and legal instruments related to the Dispute;
  • Drafting and sending draft legal opinion to determine the legal position of the Client in the Dispute;
  • Answering any question of the Client to the legal opinion or making further clarifications to the legal opinion under request of the Client or revising/supplementing to make it clearer (if necessary); and
  • Finalizing the legal opinion and sending it to the Client for the Client consideration and decision of next steps of action.

 

Step 2: Preparing supporting documents for the litigation

  • Drafting the power of attorney from the legal representative of the Client to authorize an attorney of VDD LAWYERS to represent for the Client to handle the dispute;
  • Reviewing all related documents provided by the Client and, if necessary, discussing and/or meeting with the Client to clarify any unclear issues relating to the dispute, as well as possible methods of approach;
  • Drafting and sending several conciliation letters to the opposing party(ies);
  • Working with the opposing party(ies) to clarify legal issues and evidence to protect the rights and interests of the Client;
  • Arranging various meetings to negotiate with the opposing party(ies) for the purpose of settling the dispute;
  • Recommending methods for settlement of the Dispute which are suitable to the Client’s situation;
  • Drafting mutual agreement for dispute settlement or reviewing the draft mutual agreement for dispute settlement drafted by the opposing party(ies); and
  • Arranging and witnessing the signing of the mutual agreement between the disputing parties.

 

Step 3: Litigation actions

In case the dispute cannot be settled by mutual agreement of the disputing parties and the opposing party(ies) files a petition file at the court or arbitration body to settle the dispute, VDD LAWYERS will carry out any and all the following actions:

  • Acting as the authorized representative of the Client to participate in all procedural stages at the court (including the first instance and appeal stages) or arbitration body;
  • Working with the court or appointed arbitrators, the opposing party(ies) and other related parties to collect the documents and evidence to defend the Client at the court or arbitration body;
  • Representing the Client in reconciliation with the opposing party(ies) at the court or arbitration body to settle the dispute;
  • Drafting and lodging supporting documents to defend the Client at the court or arbitration body;
  • Defending and protecting the legitimate rights and interests of the Client at the first instance and appeal hearings (court) or arbitration hearing (if any); and
  • Receiving the court judgment or arbitration decision, translating it into English (if requested) and sending it to the Client. 

 

Step 4: Enforcement 

If the Client wins at the court/arbitration and wants to enforce the court judgment or arbitration award, the scope of work in this step will include:

  • Preparing complete dossiers for the enforcement requirement;
  • Submitting the dossiers of enforcement requirement to a judgment executing body;
  • Contacting with the person in charge of the judgment executing body to push the enforcement process;
  • Solving all the matters arising out during the enforcement process; and
  • Implementing all the necessary procedures until the judgment is enforced completely.

 

Service 2: Request for the cassation procedure

  • Drafting a request letter on cassation against the Appellate Judgment to the Chief Judge of the People’s High Court and the Chief Prosecutor of the People’s High Procuracy;
  • Supporting the Client’s staff to submit the request letter together with relevant documents to the People’s High Court and the People’s High Procuracy;
  • Preparing and submitting additional explanatory letters, documents or other evidence as requested by the People’s High Court and the People’s High Procuracy to clarify the Client’s request on cassation against the Appellate Judgment; and
  • Attending working sessions, hearings summoned by the People’s High Court and the People’s High Procuracy to protect the Client’s request on cassation against the Appellate Judgment.