Commercial Contracts.
Legal perspectives.
Analysis, updates and practical guidance for businesses, investors and foreign professionals in Vietnam.
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Commercial Contracts
Essential points for drafting and negotiating contracts.
Court or arbitration: choosing the dispute resolution mechanism in a commercial contract
The Vietnamese court system changed from 1 July 2025 and jurisdiction over arbitration matters has been concentrated in three courts.
When a commercial contract is breached: steps to take before initiating a lawsuit
Commercial remedies under the Law on Commerce 2005, the 8% cap on the penalty for breach, interest on late payment, force majeure and fundamental change of circumstances, gathering evidence, and the 2 year statute of limitations for commercial disputes.
Choice of governing law clauses in contracts with foreign counterparties
A governing law clause is effective only where the relationship has a foreign element, mandatory rules are respected and the clause is coordinated with dispute resolution and enforcement strategy.
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