Dispute Resolution & Litigation

Practice Overview

Vietnamese dispute resolution operates across three primary channels: litigation before the People's Courts, commercial arbitration before centres such as the Vietnam International Arbitration Centre (VIAC), and administrative resolution through specialised agencies. Each channel has distinct procedural rules, timelines, cost structures, and enforceability characteristics. The choice of forum is one of the most consequential decisions in a dispute, and it should be informed by the nature of the claim, the identity of the counterparty, the value at stake, and the need for confidentiality.

Court litigation in Vietnam follows a civil law procedure with distinctive features. First-instance economic courts handle disputes involving businesses, with the right of appeal to the provincial-level courts and further cassation review by the Supreme People's Court. The Civil Procedure Code 2015 introduced significant reforms, including tighter deadlines for evidence submission, expanded mediation requirements, and clearer rules on the admission of expert testimony. That said, Vietnamese courts still place heavy weight on documentary evidence, and oral testimony — particularly from foreign witnesses — faces admissibility challenges that require careful preparation.

Commercial arbitration has grown in importance as foreign-invested enterprises increasingly prefer neutral, confidential fora. VIAC remains the dominant institution, though the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC) are frequently designated in cross-border contracts. Vietnamese courts generally enforce arbitral awards under the Law on Commercial Arbitration 2010, which aligns with the New York Convention. However, challenges to enforcement do arise, particularly where the arbitral tribunal's jurisdiction is contested or where public policy objections are raised.

Pre-litigation strategy is where the greatest value is often created. We conduct thorough case assessments before any formal proceeding is initiated, evaluating the strength of claims and defences, identifying documentary and testimonial evidence, and modelling the range of potential outcomes. Where appropriate, we pursue negotiated settlements or structured mediation before the costs and reputational exposure of litigation accumulate. Our experience indicates that a significant percentage of commercial disputes are resolvable at the pre-action stage when both parties have access to credible legal analysis.

Enforcement of judgments and arbitral awards in Vietnam presents practical challenges that should inform strategy from the outset. The Civil Judgment Enforcement Agency (CJEA) is responsible for executing court judgments, but its effectiveness varies by province and case complexity. Asset tracing is complicated by Vietnam's land use right system, the prevalence of nominee arrangements, and the limited public availability of corporate ownership information. We advise clients on asset preservation measures — including preliminary injunctions and security attachments — at the earliest stage of a dispute to prevent the dissipation of recoverable assets.

Key Capabilities

• Economic & Civil Litigation — Representation before People's Courts at district, provincial, and appellate levels.
• Commercial Arbitration — VIAC, SIAC, and ad hoc arbitration proceedings, including award enforcement actions.
• Pre-Action Strategy — Case assessment, evidence review, and settlement negotiation before formal proceedings.
• Judgment Enforcement — Execution of court judgments and arbitral awards through the CJEA and asset tracing.
• Preliminary Remedies — Applications for asset preservation, injunctions, and security attachments.
• Administrative Disputes — Challenges to regulatory decisions, licence revocations, and tax assessments.

Our Process

Important Considerations