Languages in Arbitration Proceedings in Vietnam

 What are Languages in Arbitration Proceedings in Vietnam?

Article 10 of the Vietnam Law on Commercial Arbitration says that if both parties are Vietnamese, the language used in arbitration proceedings to settle a dispute is Vietnamese, or a language agreed upon by both parties if one of them is a foreign-owned business. Specifically:

Except for disputes in which at least one party is a foreign-invested enterprise, the language of arbitration is Vietnamese for disputes with no foreign component. A dispute party may employ an interpreter if it is unable to speak Vietnamese.

For questions including unfamiliar components or debates to which no less than one party is an unfamiliar contributed undertaking, the gatherings will agree on the language to be utilized in arbitral procedures. The arbitration council will decide on the language to be used in arbitration proceedings if they do not have such an agreement.

Arbitration lawyers in Vietnam can also help clients with a variety of issues, such as choosing an arbitrator, choosing the rules for the arbitration, choosing an ad hoc or institutional arbitration, choosing a location for the arbitration, and getting an arbitral award enforced.

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Dispute settlement method for employee when separating enterprises in Vietnam

In Vietnam, reorganization of an enterprise means the division, separation, consolidation, merger or transformation of an enterprise. In particular, when separating enterprises, in addition to legal issues related to enterprise separation procedures, registration for newly formed enterprises, the introduction of a plan for the employees of the separated company is also a matter of concern. The transferor company and the transferee company need to allocate and use the existing labor force accordingly. It is important to ensure the interests of workers. Specifically, in case of continuing to employ employees, when separating an enterprise, the next employer is responsible for continuing to use up the existing workforce and proceeding with the labor contract amendment and supplement. All of this might lead to potential disputes which lawyers would be involved to provide legal advice from the early stage.

Dispute settlement method for employee when separating enterprises in Vietnam

If the enterprise does not use up all the employees or the labor demand of the company does not run out of the existing number of employees, the enterprise must develop a suitable plan to use employees in accordance with the law. Specifically, an employment plan must contain the following main contents: The list and the number of employees to be continued to be used, the employee sent for retraining to continue using; List and number of employees to retire; The list and number of employees who are transferred to part-time work; the employee must terminate the labor contract; Measures and financial resources to ensure implementation of the plan. Enterprises should note that when developing plans for the employment of employees, there must be the participation of organizations representing labor collectives at the grassroots level.

In case it is imperative that the employees quit their job, the enterprise must pay the employee a job loss allowance so that the interests of the employee will still be guaranteed when separating the enterprise. The Labor Code has specified as follows: An employer shall pay a job-loss allowance to an employee who loses his/her job and has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month’s wage for each working year, but must not be lower than 2 months’ wage. The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance in accordance with the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee. The wage used for the calculation of job-loss allowance is the average wage in accordance with the labor contract during 6 months preceding the time the employee loses his/her job.

It is important to have proper and proactive discussion with impacted employee and avoid disputes impacting the company’s reputation. Dispute lawyers in Vietnam could be of help for advice and preparation.

ANT Lawyers is a Labour Dispute Law Firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

Source ANTLawyers: https://antlawyers.vn/library/what-are-potential-disputes-over-the-settlement-method-for-employees-when-separating-enterprises.html 

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How Probation is Regulated in Vietnam Labor Code?

 How Probation is Regulated in Vietnam Labor Code?

An agreement between an employee and employer for a probationary position for a predetermined amount of time in accordance with legal requirements is known as probation. Both the employer and the employee should go through a trial period before signing a labor contract to see if they can work together in the long run. The Labor Code and other relevant guidelines should be followed during the probation. The Labor Code 2019 comes into force as of January first, 2020, various new guidelines likewise are given in association with the probation, which each organization ought to audit the matter with labour dispute lawyers in Vietnam for compliance.

Concerning conditions which are allowed to go into a trial contract, this agreement isn't material to the work term which is under multi month. The Labor Code 2012 doesn't need that the trial arrangement should be specified in the work contract. As a result, an employer and employee may negotiate the probation, as well as their respective rights and responsibilities during the probation period. If the parties are in agreement about the probation, they can sign a probation contract. The employer is required to sign an employment contract with the employee if the probation work meets the requirements. It is clear from these provisions that a separate probationary contract between the employer and employee is required.

When the probation period is over and the employee satisfies the employer's recruitment requirements, the labor contract should be signed. Employer and employee may agree on a separate probationary contract or the probation that is outlined in the labor contract, as per the most recent provisions of the Labor Code for 2019. If the labor contract includes a probationary period, the employer is obligated to continue carrying out the current agreement once the employee has met all of the requirements. In that case, a new labor contract must be signed.

Based on the nature and complexity of the job, the Labor Code decided how long the probation period had to be. For positions requiring a college degree or higher, the probationary period was previously limited to no more than 60 days. Currently, executives can extend their probationary period by up to 180 days. The owner of a sole proprietorship, the partner of a partnership company, the chairperson or member of the Board of Members, the President of a company, the President or member of the Board of Directors, the Director/General Director, or the holder of another managerial position prescribed in the company's charter (applicable to the enterprise without state capital) are examples of executives who play a significant part in the business and operation of the businesses.

Another amendment to the cancellation of the probationary contract, the Labor Code 2019 removed the limitation of the right to cancel. Accordingly, during the probationary period, each party has the right to cancel the probationary contract or labor contract entered into without prior notice and compensation. On the contrary, the employee and the employer may cancel the probation if the probationary job does not meet the requirements that the parties have agreed upon under the Labor Code 2012.

The primary purpose of probationary periods is to determine whether an employee and employer are compatible at the outset of an employment relationship. To avoid a potential dispute in Vietnam, businesses as employers must have a clear understanding of the principles of entering into a labor contract and a probationary contract.

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Dispute Attorneys in Hanoi

ANT Lawyers law firm could assist clients on dispute resolution matters throughout Vietnam from office in Hanoi.

Dispute attorney in Hanoi

We have dispute attorneys in Hanoi with qualification and experience to assist client to resolve dispute in Vietnam.

We have been representing clients in dispute in various sectors i.e. dispute in international trade, dispute in commercial transactions, dispute in partnership or shareholder agreement, dispute in property sales and purchase, dispute in intellectual property, dispute in finance, dispute in maritime matters.

Our expertise, experience, and understanding of Vietnam culture allow us to offer client a suitable and flexible solutions to the matters, taking into consideration of commercial perspective of the issues the client face, and take the client throughout the stages of litigation proceeding at Vietnam national or provincial courts, and arbitration centers.

If possible, we advise client on alternative dispute resolution, including mediation, which our lawyers are well trained and certified internationally in US and EU with adaption of skills to Vietnam cultures to help client resolve conflicts without formal proceeding to save cost, time and maintain the relationship between disputed parties.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

ANT Lawyers - a dispute law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services.

You could learn more about ANT Lawyers Dispute Practice or contact our dispute attorney in Hanoi, for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529.

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How to Resolve Disputes Settlement through Arbitration in Vietnam?

 How to Resolve Disputes Settlement through Arbitration in Vietnam?

Arbitration, mediation, negotiation, and litigation are all methods of dispute resolution. In order to resolve disputes, a litigation dispute law firm in Vietnam needs dispute lawyers who have the expertise and experience necessary to resolve complex cross-border, commercial, and civil disputes.

Most business agreements could include a provision stating that disputes must be resolved through arbitration in the current business environment. A valid written arbitration agreement, either as an arbitration clause in a contract or a separate agreement, is required for a dispute to be referred to arbitration. The arbitration clause is treated as independent if it is included in a contract, and the arbitration clause's validity is unaffected by contract modifications, extensions, or terminations. As long as the parties clearly state their intention to resolve any dispute through arbitration, Vietnamese law permits a written arbitration agreement to take any form. The residing court is required to drop the case if a dispute falls within the scope of a valid arbitration agreement and a party attempts to initiate court proceedings. Additionally, the arbitration organization authorized to resolve disputes without supplemental agreement is not required to be specified in an arbitration agreement. Even if there is a valid arbitration agreement, the Vietnamese Arbitration Law states that a dispute must also fall into one of three categories before it can be arbitrated:

(1) disputes arising from “commercial activities”;

(2) disputes where at least one party is engaged in commercial activities;

(3) other disputes where the law stipulates that arbitration is a permissible means of resolution.

The definition of the term "commercial activity" in category (1) can be found in Commercial Law No. “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes,” according to 36-2005-QH11 (31 December 2005). Noncommercial disputes, such as civil disputes, in which at least one party is engaged in commercial activities, frequently fall into the second category. However, disputes between consumers and providers of goods or services do not fall under this category. The law stipulates that the party may select arbitration or litigation in this instance. The dispute cannot be arbitrated without the consent of the consumer, even if the agreement includes a standard arbitration clause in the contract for the supply of goods or services. Legislators have complete discretion over whether or not to expand or maintain the categories of disputes that can be resolved through arbitration. A dispute arising from investment activities governed by the Law on Investment is an illustration of a dispute in category (3).

Due to the fact that many businesses would rather avoid the high costs of litigation, arbitration has grown in popularity.

Arbitration lawyers in Vietnam at ANT Lawyers - a Vietnam law firm with accreditation in national and international arbitration practice can assist in providing clients with legal advice and guidance throughout the process of resolving disputes. The intervention attorneys could likewise exhort the clients on different issues from decision of authority, decision of assertion rules, specially appointed or institutional discretion, spot of mediation, implementation of arbitral honor.

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When Arbitration Lawyers in Vietnam Could Settle a Dispute?

 When Arbitration Lawyers in Vietnam Could Settle a Dispute?

Under the Law on Business Mediation powerful Jan first, 2011, and other directions, on a basic level, discretion must be utilized in questions among parties that emerge from business exercises, debates among parties something like one of whom conducts business exercises, and different debates among parties which are specified by regulation to be settled by intervention in Vietnam. From drafting the arbitration agreement to resolving the arising dispute, an arbitration lawyers in Vietnam should be consulted.

Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arises.

At the point when the court is mentioned to determine one of the debates of the above sorts which a legitimate discretion understanding exists, the court will look at records encased with the request to decide and in the event that the court observes that the question is under a mediation understanding and such assertion understanding is substantial the court will give a choice to end the settlement, return the request and reports.

The question will be dealt with by the court however it is under a discretion arrangement, except if generally concurred by the gatherings concerned or endorsed by regulation: the court gives a choice to dissolve the arbitral honor or the choice made by the arbitral council; or on the other hand there is a choice to suspend the arbitral council or mediation focus from settling questions; or on the other hand the mediation arrangement isn't suitable.

ANT Lawyers, a Vietnam-based law firm, will be available to help clients resolve disputes outside of court, in court, or through arbitration lawyers in Vietnam.

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