With the deepening of international economic integration, more and more foreign partners are doing business with Vietnam companies in many business fields. In the process of cooperation, it is inevitable that there will be disputes that may arise between the parties. Therefore, in the event of a dispute over a business and commerce contract, what should foreign partners pay attention to when suing a Vietnam company in a Vietnam Court. Let’s find out some information related to the lawsuit against a Vietnam company on a business and commerce contract dispute at a Vietnam Court according to the first-instance procedures in this article.
1. Which Vietnam Court is competent to settle disputes according to first-instance procedures?
According to the provisions of Article 469; clause 1, Article 30; point c, clause 1, Article 37 and point a, clause 1, Article 39 of the 2015 Civil Procedure Code, the Vietnam Court is competent to accept and settle disputes on business and commerce contracts according to first-instance procedures between the plaintiff – a foreign company and the defendant – a Vietnam company is the provincial People’s Court where the Vietnam company’ head office is located.
2. How is the first-instance court fee advance that the plaintiff must pay for the court to accept and settle the case stipulated?
Clause 2, Article 7 of Resolution No. 326/2016/UBTVQH14 stipulates the level of court fee advances as follows: “The first-instance civil court fee advance in a civil case without calculating the value is equal to the first-instance civil court fee level in a civil case without calculating the value. The first-instance civil court fee advance in a civil case caculating the value equal to 50% of the first-instance civil court fee level in civil case having the value with the value estimated by the court based on the value of the disputed property requested by the involved parties to settle but must be at least not lower than the first-instance civil court fee in a civil case without calculating the value”.
Please refer to and estimate the first-instance court fee advance according to the following list of first-instance court fees on business and commerce disputes:
|Order No.||Type of court fees||Amount to be paid|
|1.||For disputes on business and commerce without calculating the value||VND 3,000,000|
|2.||For disputes on business and commerce calculating the value|
|a.||From VND 60,000,000 or less||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|
|dd.||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|
Note that plaintiffs only have to bear first-instance court fees if their claim is not accepted by the Court. In case the plaintiff’s request is partially or fully accepted by the Court, the plaintiff will be refunded part or all of the corresponding court fee advance paid.
The above is some information related to the lawsuit against a Vietnam company on a business and commerce contract dispute in a Vietnam Court according to first-instance procedures that KAV Lawyers wishes to share with Clients. In case Clients have questions or need legal advice related to the lawsuit against a Vietnam company on a business and commerce contract dispute in a Vietnam Court, please contact KAV Lawyes through the following information:
Tel.: (+84) 28 6270 7075 or (+84) 949 761 861
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