ANT Lawyers - Vietnam Law Firm

27/05/2026

Negotiating hard on price, scope, and payment in Vietnam is not enough. A weak arbitration clause can strip away your control before the dispute even begins.
In Vietnam, an arbitration clause is a separate agreement, independent from the contract it sits inside. So a terminated or invalid contract does not automatically cancel your right to arbitrate.

Here are the 7 drafting mistakes that put foreign investors at risk:
-Failing to name the form of arbitration or the institution, which hands the choice to the other side.
-Naming one arbitration centre but citing another centre's rules, which can make the clause unenforceable.
-Relying on a verbal or undocumented agreement, when the law requires it to be in writing.
-A signer without authority or legal capacity, which can invalidate both the agreement and the award later.
-Assuming that a broken contract automatically cancels the arbitration clause.
-Ignoring multi-party realities. Vietnam does not recognise the group of companies doctrine, so an affiliate that did not sign is generally not bound.
-Drafting without thinking about enforcement. You can win the award and still face refusal of recognition and enforcement in Vietnam.
The safest time to fix an arbitration clause is before you sign, not after the dispute starts.
Protect your business interests in Vietnam.

15/05/2026

Outbound investment from Vietnam has become an important business growth opportunity supported by a clearer legal framework. Vietnam is gradually creating more opportunities for both local and foreign invested companies to expand abroad through a structured regulatory system, separate approval procedures, dedicated capital accounts, and stricter tax and reporting requirements.

Outbound investment from Vietnam is now a practical choice for business leaders looking beyond Vietnam. Seven rules to know before moving capital, IP, or shares abroad

08/05/2026

A contract is more than a piece of paper. It is a promise, a plan, and a protection mechanism. But when one party does not honor its word, that structure collapses and leads to breach of contract in Vietnam. The law in Vietnam provides detailed rules on how to define, detect, and deal with such failures.
Below are 5 frequently asked questions regarding breach of contract in Vietnam.
Q1: What counts as a serious breach of contract?
A serious breach is one that causes major harm or makes the purpose of the contract impossible to achieve.
Q2: Can I cancel a contract immediately after a breach?
Only if the breach is substantial and the contract allows it. Otherwise, you must send a notice and wait for remedy.
Q3: Can foreign companies sue in Vietnam?
Yes. Foreign parties can bring cases in Vietnamese courts or arbitration forums if the contract allows.
Q4: How long do I have to file a breach of contract claim?
Normally, 2 to 3 years depending on the nature of the contract and the damage. But time starts from when the breach happens.
Q5: Can a force majeure event protect me from liability?
Only if it is clearly unforeseeable, unavoidable, and makes performance impossible, not just harder or more expensive.

08/05/2026

A breach of contract in Vietnam is stressful. But your first response decides a lot.
Stay calm.
Read the contract.
Protect the evidence. Get advice early.
And choose the move that works for your business, not just your frustration.
In this video, we walk you through 6 practical steps to handle contract disputes in Vietnam, from reviewing your agreement and protecting evidence to choosing the right legal strategy and ensuring you can actually recover your money. Stay calm, act smart, and protect your business the right way.

07/05/2026

New decree just changed the rules for FDI projects in Vietnam.
But here is what most managers get wrong about it.
Decree 96/2026/ND-CP took effect on March 31, 2026. It replaced Decree 31/2021, Decree 19/2025, and Decree 239/2025.
Yet most foreign-owned companies do not need to amend their IRC or ERC right now.

So when does this decree actually matter?
It matters the moment you decide to change something about your project.
Review your IRC or ERC if you are planning to:
-Increase investment capital or charter capital
-Add or change project objectives
-Move location, expand land use, or extend duration
-Catch up on a project that is behind schedule
-Bring in a new investor or close an M&A deal
-Reconcile operations that have drifted from filed records

Decree 96/2026/ND-CP does not force existing FDI companies in Vietnam to amend their IRC or ERC immediately. Existing licenses remain valid. The decree applies the moment a company files a future amendment.

Is your FDI project in Vietnam planning any changes in the next 12 months? Share your situation in the comments.

07/05/2026

Discover why arbitration is becoming the go-to method for resolving international disputes in Asia. In this video, we answer seven common questions about arbitration, from its advantages and enforceability in Vietnam to how virtual hearings are transforming dispute resolution across the region.

22/04/2026

Contract disputes in Vietnam go beyond contract terms, involving strict evidentiary standards, local legal practice, and enforcement realities. Issues like payment delays, delivery failures, and damage claims require careful handling.

These FAQs highlight key concerns, including dispute triggers, recoverable damages, choice of resolution methods, limitation periods, and practical strategies to help businesses navigate disputes effectively in Vietnam.

21/04/2026

Arbitration in Vietnam is a legally recognized method of resolving commercial disputes outside the court system, producing a final, binding award under the Law on Commercial Arbitration.

But winning an arbitration means nothing if you cannot enforce and collect.
Here are 7 realities foreign companies must get right:

-Draft a valid arbitration clause with the exact institution name, seat, language, and scope
-Treat the process as structured, not informal, because deadlines and notice requirements carry real consequences
-Choose your tribunal, seat, and language deliberately since each one shapes cost, timing, and outcome
-Build your evidence file early because incomplete records can destroy a strong commercial position
-Consider interim measures and court support before the final hearing, not after
-Plan enforcement before you file, including where the assets sit and whether your award will be recognized
-Align your contract strategy with your dispute strategy from the start

Vietnam is a contracting state to the New York Convention, meaning arbitral awards may be enforceable across 170+ member jurisdictions.
But that only works when the clause, the process, the evidence, and the enforcement path are all handled properly.

13/04/2026

Most foreign companies don't lose contract disputes in Vietnam because of weak facts.
They lose because the contract was never drafted with a real dispute in mind.
Here are 8 risks that keep catching foreign businesses off guard:
-The wrong person signed the contract. If the signer lacked proper authority under Vietnamese enterprise registration rules, the entire agreement can be challenged, even years later.
- The dispute clause was copied from a template. A vague or conflicting dispute resolution provision can lead to months of jurisdictional arguments before anyone discusses the merits.
-The governing law was chosen by accident. Whichever party's template came first often dictates the law, without considering where performance or enforcement actually happens.
- Delay weakened the position. Waiting too long gives the other side time to prepare while your evidence grows stale and limitation periods tick away.
-Termination was premature. Not every breach justifies cancellation. Terminate over a minor breach, and you may become the defendant.
-Recovery expectations were unrealistic. Penalties have a statutory cap. Damages require strict documentary proof. Liquidated damages clauses may not survive under Vietnamese law.
-Enforcement was treated as automatic. Winning a judgment or award is one thing. Collecting is a separate process with its own obstacles.
-Contract governance was neglected. The file you build during good times is the one you rely on when things change.
A contract dispute in Vietnam is a legal event shaped by choices made long before the first hearing.
The companies that manage these disputes well are not the most aggressive. They are the most prepared.

What is the biggest contract risk you have faced when doing business in Vietnam? Share your experience below.

09/04/2026

Most buyers and sellers skip legal counsel until a dispute has already erupted. By then, the damage is done.

A real estate dispute in Vietnam occurs when parties disagree over property ownership, contract terms, deposit conditions, or handover obligations during a transaction.

Here are the most common triggers for property disputes in Vietnam:
-The market price shifts and one party tries to cancel the deal
-The seller refuses to hand over the property after the sale is completed
-The developer changes the property design without the buyer's consent
-The property quality fails to match what was promised in the contract
-Fraudulent acts during the buying or selling process

What many foreign investors overlook is that Vietnamese law sets strict conditions for a valid property transfer. The property must be free from ownership claims, not under government recovery orders, and not seized for enforcement. Both buyer and seller must meet specific legal eligibility requirements.

For foreign buyers, additional rules apply, including proving eligibility to own property in Vietnam under current regulations.

Have you encountered challenges in a property transaction in Vietnam? Share your experience below.

07/04/2026

Most businesses in Vietnam don't lose contracts in court.
They lose them the moment they stop paying attention to the details.
A breach of contract occurs when one party fails to perform, performs late, delivers substandard work, or violates legal requirements. In Vietnam, the consequences are real and the courts are getting stricter.

Here's what every business operating in Vietnam should know:
-Late deliveries, missed payments, and unauthorized subcontractors are among the most common triggers
-Vietnamese law provides four key remedies: specific performance, contract termination, damage compensation, and penalty clauses
-Courts and arbitrators examine everything from emails to chat messages as evidence
-You typically have 2 to 3 years to file a claim, starting from when the breach happens
-Force majeure only protects you if the event was truly unforeseeable and unavoidable, not just inconvenient.

The legal landscape in Vietnam is evolving fast. Compliance requirements are tightening. Arbitration is growing. And handshake deals no longer hold up.
The smartest move? Prevention. Draft clear contracts. Include dispute resolution clauses. Document everything. And when something goes wrong, act fast with qualified legal counsel.

The companies that win tomorrow are the ones managing contract risks today.