Disputes & Debts

Commercial contract disputes, hard-to-recover debts, internal corporate disputes or land disputes — the common thread is that limitation periods and evidence decide the outcome. This overview page systematizes the groups of disputes ANT Legal commonly handles, the resolution methods from negotiation to courts/arbitration, and the time milestones that must not be missed.

Common groups of disputes

  • Commercial contract disputes: breach of payment, delivery or quality obligations; penalties for breach and damages. The limitation period for commercial disputes is 2 years (Article 319 of the Commercial Law 2005), unless otherwise provided by law.
  • Debt recovery: overdue debts from sale, service, loan or deposit contracts. The process usually comprises: demand letter and negotiation → lawsuit → judgment enforcement.
  • Internal corporate disputes: disputes among shareholders or capital-contributing members over governance, profit distribution or capital transfer.
  • Land and housing disputes: boundary disputes, inheritance, contracts for transfer of land use rights.

Dispute resolution methods

  1. Direct negotiation: fast, low-cost, preserves business relations — should be the first step in most debt cases.
  2. Mediation: at a commercial mediation center or through a mediator; successful mediation outcomes are recognized.
  3. Commercial arbitration (Law on Commercial Arbitration 2010): single-instance proceedings, awards are final and binding, suitable for disputes involving confidentiality or foreign elements — but only applicable where the parties have a valid arbitration agreement.
  4. Courts: filing with the competent People’s Court; the limitation period for civil cases is 3 years (Article 184 of the Civil Procedure Code 2015). Once the limitation period expires, the respondent may request its application to dismiss the claim.
  5. Civil judgment enforcement (Law on Civil Judgment Enforcement 2008, as amended in 2014): where a legally effective judgment or decision exists but the losing party does not voluntarily comply, the judgment creditor requests the enforcement authority to organize enforcement; the limitation period for requesting enforcement is 5 years (Article 30).

Key factors deciding the success of a dispute

  • Evidence: contracts, appendices, handover minutes, payment vouchers, emails/messages exchanged — collect and preserve as soon as signs of a dispute arise.
  • Limitation periods: correctly determine when the limitation period starts and the events that interrupt it.
  • Dispute resolution clause in the contract: choice of court or arbitration, applicable law — check from the outset to select the correct forum and avoid dismissal for lack of jurisdiction.
  • Assets securing enforcement: alongside filing, consider requesting provisional urgent measures to prevent asset dissipation.

How does ANT Legal assist?

  • Assessing the case and determining a suitable resolution method (negotiation, mediation, arbitration, courts);
  • Drafting demand letters, notices and negotiation instruments;
  • Drafting statements of claim, preparing files and evidence; representing clients in proceedings before Courts and Arbitration;
  • Requesting judgment enforcement and coordinating with enforcement officers during the enforcement process.

Related content

Facing a dispute or holding a hard-to-recover debt? Limitation periods wait for no one — contact ANT Legal via Hotline/Zalo 0966.475.966 for a case assessment and a suitable proposed approach.

This content is for general reference only and does not replace legal advice for a specific file.