When foreign company has a commercial dispute with the Vietnamese partner, SBLaw can assist you to resolve this dispute:
We would like to brief you with our plan in proceeding with legal action against defendant to recover the outstanding amount as follows.
1.Analysis of documents provided by the client and requirement of further documents, if any, for providing legal opinion.
Time scheduled for this work is 01 working hour
2.Preparation of an analysis report/legal advice providing highlight on the legal issues related to debt claim, concerned laws, provisions of the statute of limitations, rules of evidence and burden of proof in the civil proceedings
Time scheduled for this work is 02 working hours.The time calculation for this work begins only after receipt of all the documents asked for
3.Review of the analysis report by the client and reply to the queries raised, if any
Time scheduled for this is 01 working hours.
4.Drafting the legal notice on the basis of the above report and forwarding the same to the client for comments;Issuing legal notice to defendant calling upon to make payment of the outstanding debt;The notice shall be drafted in dual language – English and Vietnamese
Time scheduled for this is 02 working hours.The time calculation for this work begins once the client approves the analysis report
5.Dispatch of the legal notice to defendant to the address provided by the client.Time scheduled for this is 01 working hours.
Time scheduled for this dispatch is maximum of 02 days from the date of the approval of the final draft of the notice.
6. Liaison and negotiations with defendant on behalf of the client after the issue of the notice, if he is prepared to settle the matter.A maximum of three meetings will be held on behalf of the client for settling the dispute.
The negotiations shall be conducted only for a period of one month after the receipt of the legal notice by defendant.The estimated time frame for each meeting is 04 hours.
In case there is no response to the notice or the negotiation fails between the parties then the client shall have to make decision to file a law suit in the competent court for recovery of the debt.
The entire process of recovering the deposit amount and damages shall be dependent on the response of defendant to the notice.
If defendant responds within the time-frame mentioned in the notice, then negotiations towards recovering the debt shall be initiated.
In such a circumstance, as suggested earlier, the provisions of statutes of limitation shall play an important role along with the evidence at hand.
SBLaw shall at the request of the client appraise the client about the procedure and chances of legal proceedings.
SBLaw, if required by the client, shall advise and represent the client to file a lawsuit in the competent court.
The advice shall include appraising the client the right to sue, the documents proving the rights to sue, evidence and protect the rights and legitimate interests in court. Such advice shall be subject matter of another legal proposal.
The Deliverables will include documents prepared in English. Client will review, approve and where necessary sign these documents. SBLaw may provide Vietnamese translations of these documents for communication with defendant.