9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
.svg)
.svg)
Commercial disputes are inevitable issues in the daily business operations of enterprises. When disputes between the parties cannot be resolved through mediation and require resolution, the Court is usually the authority to examine and resolve these disputes.
Thus, what are the legal provisions governing the procedures for resolving business and commercial disputes at the Court between the parties? What are the steps involved? What is the statute of limitations for filing a lawsuit? All the above content will be specifically explained by BKC Law Company as follows:
Pursuant to Article 30 of the Civil Procedure Code 2015:
“Article 30. Business and Commercial Disputes under the Jurisdiction of the Court
1. Disputes arising in business and commercial activities between individuals and organizations with business registration, all having profit-making purposes.
2. Disputes over intellectual property rights and technology transfer between individuals and organizations, all having profit-making purposes.
3. Disputes between a person who is not yet a member of the company but has a transaction for transfer of capital contribution with the company or company members.
4. Disputes between the company and its members; disputes between the company and its managers in limited liability companies or members of the Board of Directors, Director, General Director in joint-stock companies, between members of the company with each other related to the establishment, operation, dissolution, merger, consolidation, division, separation, asset transfer of the company, transformation of the company’s organizational form.
5. Other disputes over business and commerce, except cases falling under the jurisdiction of other agencies or organizations as prescribed by law.
According to the above regulations, if the dispute between the parties falls under one of the above cases, a lawsuit petition and accompanying dossier may be submitted to request the competent court to resolve it in accordance with the regulations.
Pursuant to Clause 3, Article 150 of the Civil Code 2015:
“The statute of limitations for filing a lawsuit in business and commercial cases is the period during which the party (subject) has the right to file a lawsuit requesting the court to resolve the case. If that period expires, the party wishing to file a lawsuit loses the right to file a lawsuit, except where the law provides otherwise”.
The statute of limitations for filing a lawsuit in business and commercial cases is 02 (two) years in cases where the law does not provide for a statute of limitations for filing a lawsuit. The statute of limitations for filing a lawsuit in business and commercial cases is calculated from the date the plaintiff knew or should have known that their legitimate rights and interests were infringed.
According to the above regulations, if the law does not provide for a statute of limitations, business and commercial cases have a statute of limitations for filing a lawsuit of 02 (two) years. Therefore, the plaintiff must file the lawsuit in business and commercial cases within 02 (two) years from the date they knew or should have known that their rights and interests were infringed.
The lawsuit dossier at the Court includes the following documents and papers:
Pursuant to Clauses 1, 2, 3, Article 35 of the Civil Procedure Code 2015 on the jurisdiction of District-level People’s Courts:
”1. District-level People’s Courts have jurisdiction to resolve according to first-instance procedures the following disputes:
[…]
b) Business and commercial disputes stipulated in Clause 1, Article 30 of this Code;
[…]
2. District-level People’s Courts have jurisdiction to resolve the following requests:
[…]
c) Business and commercial requests stipulated in Clauses 1 and 6, Article 31 of this Code;
[…]
3. Disputes and requests stipulated in Clauses 1 and 2 of this Article involving foreign parties or assets abroad or requiring judicial entrustment to representative agencies of the Socialist Republic of Vietnam abroad, to foreign courts or competent authorities shall not fall under the jurisdiction of District-level People’s Courts, except for cases stipulated in Clause 4 of this Article.
[…]”
Pursuant to Clauses 1, 2, 3, Article 35 of the Civil Procedure Code 2015 on the jurisdiction of District-level People’s Courts:
”Article 37. Jurisdiction of Provincial-level People’s Courts
1. Provincial-level People’s Courts have jurisdiction to resolve according to first-instance procedures the following cases:
a) Civil, marriage and family, business and commercial, labor disputes stipulated in Articles 26, 28, 30 and 32 of this Code, except disputes falling under the jurisdiction of District-level People’s Courts as stipulated in Clauses 1 and 4, Article 35 of this Code;
b) Civil, marriage and family, business and commercial, labor requests stipulated in Articles 27, 29, 31 and 33 of this Code, except requests falling under the jurisdiction of District-level People’s Courts as stipulated in Clause 2 and Clause 4, Article 35 of this Code;
c) Disputes and requests stipulated in Clause 3, Article 35 of this Code.
2. Provincial-level People’s Courts have jurisdiction to resolve according to first-instance procedures civil cases falling under the jurisdiction of District-level People’s Courts as stipulated in Article 35 of this Code when the Provincial-level People’s Court takes up the case on its own when deemed necessary or at the proposal of the District-level People’s Court”.
Pursuant to Article 203 of the Civil Procedure Code 2015 on the time limit for resolving business and commercial cases:
“Article 203. Trial Preparation Period
1. The trial preparation period for various types of cases, except cases resolved under summary procedures or cases involving foreign elements, is prescribed as follows:
[…]
b) For cases stipulated in Articles 30 and 32 of this Code, the period is 02 months from the date of case acceptance.
For cases of a complex nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the trial preparation period, but not exceeding 02 months for cases under point a of this clause and not exceeding 01 month for cases under point b of this clause.
Where a decision is issued to temporarily suspend resolution of the case, the trial preparation period shall be recalculated from the effective date of the Court’s decision to resume resolution of the case.
[…]
4. Within 01 month from the date of the decision to bring the case to trial, the Court must open the trial session; in cases with justifiable reasons, this period is 02 months”.
According to the above regulations, the Court’s trial preparation period is 02 (two) months from the date of case acceptance. For cases of a complex nature or due to force majeure events or objective obstacles, the Court may extend the trial preparation period by 01 (one) month. The time limit for opening the trial session is 01 (one) month from the date the Court issues the decision to bring the case to first-instance trial. In cases with justifiable reasons, this period is 02 months.
Court fees are the charges for resolving business and commercial cases that the parties must pay to the competent authority to have the case examined and resolved. Court fees include first-instance court fees and appellate court fees:
The levels of court fees and charges are promulgated as follows:
|
No. |
Name of court fee |
Amount |
|
I |
Criminal court fees | |
|
1 |
First-instance criminal court fee |
VND 200,000 |
|
2 |
Appellate criminal court fee |
VND 200,000 |
|
II |
Civil court fees | |
|
1 |
First-instance civil court fees | |
|
1.1 |
For civil, marriage and family, labor disputes without valuation |
VND 300,000 |
|
1.2 |
For business and commercial disputes without valuation |
VND 3,000,000 |
|
1.3 |
For civil, marriage and family disputes with valuation | |
|
a |
Up to VND 6,000,000 |
VND 300,000 |
|
b |
From over VND 6,000,000 to VND 400,000,000 | 5% of the disputed asset value |
|
c |
From over VND 400,000,000 to VND 800,000,000 | VND 20,000,000 + 4% of the disputed asset value exceeding VND 400,000,000 |
|
d |
From over VND 800,000,000 to VND 2,000,000,000 | VND 36,000,000 + 3% of the disputed asset value exceeding VND 800,000,000 |
|
đ |
From over VND 2,000,000,000 to VND 4,000,000,000 | VND 72,000,000 + 2% of the disputed asset value exceeding VND 2,000,000,000 |
|
e |
From over VND 4,000,000,000 | VND 112,000,000 + 0.1% of the disputed asset value exceeding VND 4,000,000,000. |
|
1.4 |
For business and commercial disputes with valuation | |
|
a |
Up to VND 60,000,000 |
VND 3,000,000 |
|
b |
From over VND 60,000,000 to VND 400,000,000 | 5% of the disputed value |
|
c |
From over VND 400,000,000 to VND 800,000,000 | VND 20,000,000 + 4% of the disputed value exceeding VND 400,000,000 |
|
d |
From over VND 800,000,000 to VND 2,000,000,000 | VND 36,000,000 + 3% of the disputed value exceeding VND 800,000,000 |
|
đ |
From over VND 2,000,000,000 to VND 4,000,000,000 | VND 72,000,000 + 2% of the disputed value exceeding VND 2,000,000,000 |
|
e |
From over VND 4,000,000,000 | VND 112,000,000 + 0.1% of the disputed value exceeding VND 4,000,000,000 |
|
1.5 |
For labor disputes with valuation | |
|
a |
Up to VND 6,000,000 |
VND 300,000 |
|
b |
From over VND 6,000,000 to VND 400,000,000 | 3% of the disputed value, but not less than VND 300,000 |
|
c |
From over VND 400,000,000 to VND 2,000,000,000 | VND 12,000,000 + 2% of the disputed value exceeding VND 400,000,000 |
|
d |
From over VND 2,000,000,000 | VND 44,000,000 + 0.1% of the disputed value exceeding VND 2,000,000,000 |
|
2 |
Appellate civil court fees | |
|
2.1 |
For civil, marriage and family, labor disputes |
VND 300,000 |
|
2.2 |
For business and commercial disputes |
VND 2,000,000 |
|
III |
Administrative court fees | |
|
1 |
First-instance administrative court fee |
VND 300,000 |
|
2 |
Appellate administrative court fee |
VND 300,000 |
|
No. |
Name of charge |
Amount |
|
I |
Charges for resolving civil matters | |
|
1 |
First-instance charge for requests regarding civil, marriage and family, business and commercial, labor matters |
VND 300,000 |
|
2 |
Appellate charge for requests regarding civil, marriage and family, business and commercial, labor matters |
VND 300,000 |
|
II |
Other court charges | |
|
1 |
Charge for requesting recognition and enforcement in Vietnam of foreign court judgments and decisions; foreign arbitral awards | |
|
a |
Charge for recognition and enforcement in Vietnam of foreign court judgments and decisions; foreign arbitral awards |
VND 3,000,000 |
|
b |
Charge for appeal against the Court’s decision on recognition and enforcement in Vietnam of foreign court judgments and decisions; foreign arbitral awards |
VND 300,000 |
|
2 |
Charge for requests related to Vietnamese commercial arbitration resolving disputes in accordance with commercial arbitration law | |
|
a |
Charge for requesting the Court to appoint or replace an arbitrator |
VND 300,000 |
|
b |
Charge for requesting the Court to review the arbitral tribunal’s award on the arbitration agreement, on the arbitral tribunal’s jurisdiction to resolve the dispute; registration of ad hoc arbitral awards |
VND 500,000 |
|
c |
Charge for requesting the Court to apply, change, cancel provisional emergency measures related to arbitration; requesting the Court to collect evidence, summon witnesses |
VND 800,000 |
|
d |
Charge for appeal against the Court’s decision related to arbitration |
VND 500,000 |
|
3 |
Charge for filing a petition to open bankruptcy procedures |
VND 1,500,000 |
|
4 |
Charge for examining the legality of a strike |
VND 1,500,000 |
|
5 |
Charge for arresting seagoing vessels |
VND 8,000,000 |
|
6 |
Charge for arresting aircraft |
VND 8,000,000 |
|
7 |
Charge for performing judicial entrustment of foreign courts in Vietnam |
VND 1,000,000 |
|
8 |
Charge for judicial entrustment abroad |
VND 200,000 |
|
9 |
Charge for issuing copies of documents, photocopying documents at the Court |
VND 1,500 per A4 page |
The above is BKC Law Company’s article on the procedures and steps for resolving commercial disputes at the Court. To receive support, consultation, and quick implementation of procedures to protect the legitimate rights and interests of enterprises, please contact our Attorneys immediately.
Not found
0 (0) Vietnam Entry Visa (Entry Visa) Service for Chinese Nationals provides a fast and convenient solution for Chinese citizens...
0 (0) Establishing a company with Japanese capital in Vietnam offers numerous attractive business opportunities and serves as a solid...
0 (0) E-Commerce Business License is a mandatory requirement for individuals and organizations to legally operate in the field of...
0 (0) Procedure for Establishing a Chinese Company in Vietnam requires foreign investors to comply with Vietnamese legal regulations. Vietnam...
0 (0) When deciding to invest and establish a Chinese company in Vietnam, foreign investors must thoroughly understand the legal...
0 (0) The procedure for applying for an entry visa to Vietnam for Chinese citizens is a critical process to...
0 (0) Currently, There are many cases of transferring land and houses that are mortgaged at the bank. However, not...
0 (0) Grounds for Exemption from Criminal Liability According to Article 29 of the Criminal Code 2015 (as amended in...
0 (0) Based on the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Children....
0 (0) Currently, Vietnam is evaluated as a country with a dynamic economy, high growth, and deep, strong integration into...
0 (0) I. Types of Divorce in Vietnam Mutual Consent Divorce: This is the case where both husband and wife...
0 (0) Enterprise Legal Consultation Services in Binh Tan District can provide in-depth legal support for businesses operating in this...
0 (0) What is Divorce? Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014: “Divorce...
0 (0) Litigation attorney services in Binh Tan District aim to support clients in safeguarding their legitimate rights and interests...
0 (0) Criminal defense attorney services in Binh Tan District are increasingly in demand, as within a dynamic city like...
0 (0) Resolving land disputes in Binh Tan District, Ho Chi Minh City, is a complex and sensitive issue in...
0 (0) In the context of a rapidly developing economy, legal consultation services for commercial contract disputes in Binh Tan...
0 (0) Currently, inheritance consultation services in Ho Chi Minh City assist clients in properly planning their inheritance to ensure...
0 (0) In the context of a rapidly developing economy, legal consultation services for real estate procedures in Binh Tan...
0 (0) In the context of a rapidly developing economy, legal consultation services for enterprises in Binh Tan District are...
0 (0) Legal consultation services in Binh Tan District assist clients in resolving complex legal issues, ranging from advisory services...
0 (0) Attorneys specializing in inheritance consultation play a crucial role in assisting and guiding clients through legal issues related...
0 (0) Legal services for foreigners in Ho Chi Minh City are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In Ho Chi Minh City, legal services for foreigners are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In Ho Chi Minh City, APEC card application services are provided by numerous professional and reliable entities, enabling...
0 (0) The dissolution of a foreign-invested enterprise is a complex process that requires careful consideration. The decision to dissolve...
0 (0) The merger of foreign enterprises into the Vietnamese market presents substantial opportunities but also encounters numerous challenges. Evaluating...
0 (0) The establishment of branches of foreign companies in Vietnam has opened significant opportunities for business development within the...
0 (0) Fast-track unilateral divorce refers to one spouse requesting termination of the marriage without the consent of the other,...
0 (0) The current personal income tax (PIT) situation for foreigners in Vietnam is relatively clear, with specific regulations outlined...
0 (0) The cost of hiring a lawyer for comprehensive land law consultation is a matter of significant interest to...
0 (0) Disputes arising from land use rights transfer contracts often occur due to disagreements between the parties regarding contract...
0 (0) Transfer of shares by foreign investors in Vietnam requires strict compliance with legal regulations regarding ownership ratios and...
0 (0) When deciding to dissolve the representative office of a foreign company in Vietnam, this is not only a...
0 (0) Fast-track divorce is the termination of the marital relationship pursuant to a legally effective judgment or decision of...
0 (0) When a foreign-invested company decides to change or supplement its investment business lines, this transition is not only...
0 (0) In the context of rapid socio-economic development, the termination of foreign investment projects in Vietnam marks an important...
0 (0) Work Visa for Foreigners in Ho Chi Minh City offers valuable opportunities for foreigners seeking a career in...
0 (0) In the modern era of globalization, obtaining a work permit for foreign workers is a mandatory requirement to...
0 (0) When an enterprise or organization wishes to continue employing foreign workers, extending the work permit is an essential...
0 (0) In the context of rapid economic development, the need to register foreign loans in 2024 has become increasingly...
0 (0) In modern society, the need for legal services has become more widespread than ever. Hiring a lawyer is...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a criminal case...
0 (0) In today’s challenging business environment, the service of a dedicated corporate lawyer has become an indispensable tool for...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a land dispute...
0 (0) In the context of rapid socio-economic development, the need to convert the land use purpose of a project...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a civil case...
0 (0) In the context of rapid socio-economic development in Ho Chi Minh City, resolving internal enterprise disputes has become...
0 (0) Establishing a media company with foreign capital in Vietnam has become more attractive than ever, especially amid globalization...
0 (0) Establishing a construction company with foreign capital in Vietnam requires strict compliance with a series of legal conditions...
0 (0) In the context of socio-economic development, resolving labor contract disputes has become increasingly common, affecting the rights of...
0 (0) In the context of deepening global economic integration, remitting profits from Vietnam abroad by foreign investors has become...
0 (0) Establishing a logistics company with foreign capital in Vietnam has become an attractive trend for international investors. With...
0 (0) Establishing a real estate company with foreign capital in Vietnam is a complex process. With the rapid development...
0 (0) In the context of rapid urban development and increasing land use demand, land disputes have become a common...
0 (0) Establishing a technology company with foreign capital in Vietnam has become an attractive trend amid the context of...
0 (0) The procedure for dissolving a branch of a foreign company in Vietnam is an important process to ensure...
0 (0) Outward investment has become a crucial strategy in the context of deepening globalization. Many enterprises, from small to...
0 (0) With Vietnam’s rapidly developing economy and increasingly attractive investment environment, the country has drawn significant interest from foreign...
0 (0) Establishing a company in the United States is not only an important step in the entrepreneurial journey but...
0 (0) Establishing a company in Canada not only offers attractive business opportunities but also opens the door to one...
0 (0) Establishing a company in Singapore has become an attractive option for many entrepreneurs and investors due to its...
0 (0) Establishing a Company in Hong Kong has long been renowned as a leading financial and commercial hub in...
0 (0) Establishing a branch of a foreign-invested company in Vietnam requires meeting numerous detailed conditions and procedures to ensure...
0 (0) In the context of rapid globalization and increasingly fierce competition, increasing the charter capital of a foreign-invested company...
0 (0) In the context of rapid globalization and increasingly fierce competition, adding business lines for foreign-invested companies has become...
0 (0) In the context of rapid globalization and increasingly fierce competition, changing the name of a foreign-invested company is...
0 (0) Change of Principal Office Address for Foreign-Invested Companies is becoming increasingly common in the context of rapid economic...
0 (0) Establishment of a Chinese Company in Vietnam has become a growing trend as an increasing number of Chinese...
0 (0) Handwritten Divorce Petition can serve as a legal document used when one or both spouses wish to terminate...
0 (0) Conversion of a Vietnamese Company into a Foreign-Invested Company is a complex process that offers numerous opportunities for...
0 (0) Transfer of Agricultural Land to Residential Land is one of the legal procedures that many people are interested...
0 (0) Transfer of Red Book (Land Use Right Certificate), also known as transfer of land use rights and ownership...
0 (0) Transfer of Agricultural Land Use Rights is one of the important legal procedures aimed at transferring land use...
0 (0) Before initiating a land dispute lawsuit, it is essential to have a clear understanding of the relevant legal...
0 (0) Division of Inheritance Without a Will is the legal process for distributing the estate of a deceased person...
0 (0) Division of Inheritance by Will is an important aspect of civil law, reflecting the personal will of the...
0 (0) Inheritance Disputes in Ho Chi Minh City represent one of the most complex legal issues, as this metropolitan...
0 (0) Procedures for Division of Inheritance constitute an important legal process that ensures the equitable distribution of a deceased...
0 (0) Procedures for Receiving Inheritance constitute an important legal process that requires a thorough understanding of the law to...
0 (0) Procedures for Receiving Inherited Assets in Ho Chi Minh City constitute an important legal process directly concerning the...
0 (0) A professional land law consultant lawyer will help clients clearly understand their rights and obligations while providing effective...
0 (0) Credit Contract Disputes are a common issue in the financial sector, arising from disagreements between the lender (banks...
0 (0) In civil transactions, disputes over loan of property are inevitable, particularly when the parties fail to comply with...
0 (0) In Ho Chi Minh City, specifically Inheritance Disputes in Binh Tan District represent a frequently encountered legal issue,...
0 (0) Resolution of Land Disputes in Binh Tan District is a matter of significant concern amid the rapid urbanization...
0 (0) <em><span id=”cke_bm_306S”> </span><strong>Resolution of Disputes Arising from Condominium Purchase and Sale in Binh Tan District</strong> is a prevalent legal...
0 (0) Currently, in Ho Chi Minh City, will drafting services are increasingly in demand to meet the growing need...
0 (0) Drafting a Will is a crucial step to protect your rights and those of your family, while ensuring...
0 (0) Investing in Industrial Parks in Vietnam has emerged as an attractive opportunity for both domestic and foreign investors....
0 (0) Declaration of Inheritance is an important legal procedure that confirms ownership rights to assets inherited by heirs following...
0 (0) Will Drafting Services provide a professional solution to express your wishes and legally protect your assets. Drafting a...
0 (0) The law office specializing in land law consultation is a provider of professional and dedicated legal services to...
0 (0) Conditions for Establishing a Foreign-Invested Company in Vietnam encompass the legal requirements and procedures that investors must comply...
0 (0) The law office services in Binh Tan District aim to support clients in ensuring their legal rights and...
0 (0) In recent years, with an increasingly improved business environment and more comprehensive investment support policies, Vietnam has become...
0 (0) A professional and highly experienced team of attorneys specializing in corporate law consultation services in Binh Tan District...
0 (0) Vietnam is currently attracting significant interest from foreign investors establishing companies in the country, thanks to its growing...
0 (0) Investment consulting services in Vietnam are increasingly affirming their essential role in supporting investors—from individuals to organizations—in achieving...
0 (0) Divorce is a complex process that often causes significant stress for the parties involved. Fast divorce services provided...
0 (0) The attorney retainer fee for initiating a lawsuit typically ranges from VND 1,000,000 to VND 5,000,000 per case....
0 (0) The land law consulting office provides professional and dedicated legal services for all clients. With a team of...
0 (0) When confronting inheritance matters, understanding the fees for engaging a professional inheritance attorney is essential to safeguarding your...
0 (0) The outbound investment advisory service has become an indispensable component in today’s context of global economic integration. With...
0 (0) Establishing a Chinese company in Vietnam is becoming a trend as more and more Chinese investors see the...
41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41