1. What is an economic contract?

Current law does not define the concept of an economic contract, but through the legal provisions on commercial activities in the 2005 Commercial Law, an economic/commercial contract can be understood as follows.
Clause 1, 2 Article 3 of the 2005 Commercial Law stipulates:
"1. Commercial activity is a profit-making activity, including buying and selling goods, providing services, investing, promoting trade, and other profit-making activities.
2. Goods include:
a) All types of movable property, including future-formed property;
b) Objects attached to land.”
From the above provisions, it can be understood that an economic contract, also known as a commercial contract, is an agreement between traders or between traders and related parties to establish, change, or terminate rights and obligations between the parties in commercial activities, specifically activities aimed at making a profit, including buying and selling goods, providing services, investing, promoting trade, and other profit-making activities. In which, goods include:

• All types of movable property, including future-formed property.
• Objects attached to land.

2. What is an economic contract dispute?

In the spirit of the Commercial Law 2005 and the Enterprise Law 2020, an economic contract/commercial dispute can be understood as a disagreement between the parties about one or more parties not performing or not properly performing the obligations they committed to in commercial activities, causing damage to the legitimate interests of one or more other parties.

3. Types of common economic contract disputes occur

In the process of participating in commercial relations, when the parties have disagreements, conflicts in the process of performing the rights and obligations, one of the parties realizes that their rights and interests are not commensurate, then a commercial dispute will inevitably occur. Commercial disputes can be classified based on different characteristics as follows:

• By territorial scope, commercial disputes can be divided into domestic commercial disputes and international commercial disputes.
• By the number of parties involved in the dispute, there are two-party commercial disputes and multi-party commercial disputes.
• By the field of dispute, commercial disputes include disputes related to contracts, intellectual property rights, investment, finance, and many other fields.
• By the implementation process, commercial disputes can occur during the negotiation, drafting, signing of contracts, and during the implementation of contracts.
• By the time of dispute occurrence, there are current commercial disputes and anticipated future commercial disputes.

Article 30 of the  Civil Procedure Code 2015, commercial disputes are divided into 05 types:
i. Disputes arising in business, commercial activities between individuals, organizations that have business registration with each other and all have a profit motive: Commercial disputes differ from ordinary civil disputes in the same field in two factors:

• Subject: For disputes arising in business, commercial activities, the disputing parties all have business registration, while for civil disputes, the participating subjects are not required to have business registration.
• Purpose of participating in the transaction: For commercial disputes, the disputing parties all aim to seek profit, while for civil disputes, the parties are not required to have a profit motive.

The most common commercial dispute is the dispute about the contract of sale of goods, accordingly, there are many reasons leading to the occurrence of disputes about the contract of sale of goods, such as:

+ Disputes over the contract of sale of goods related to the subject signing the contract.
+ Disputes arising from the seller's violation of the delivery schedule.
+ Disputes because the seller delivers goods that are not of the right type, quality, not enough quantity as committed in the contract.
+ Disputes arising from the buyer's violation of the payment obligation.
…

ii. Disputes over intellectual property rights, technology transfer between individuals, organizations with each other and all have a profit motive: Intellectual property rights, technology transfer between individuals, organizations with each other arise when the legal rights and interests of one of the parties are infringed. To distinguish from civil disputes in the same field, we can base on the differences here:

• For commercial disputes related to intellectual property, technology transfer between individuals, organizations with each other and all have a profit motive, the dispute relates to the rights and obligations of the parties in the contract;
• As for civil disputes in the field of intellectual property rights, the dispute usually relates to the protection of copyright arising outside the contract.

iii. Disputes between people who are not yet members of the company but have transactions on the transfer of contributed capital with the company, members of the company.
iv. Disputes between the company and the members of the company; disputes between the company and the manager in the limited liability company or members of the Board of Directors, director, general director in the joint-stock company, between the members of the company with each other related to the establishment, operation, dissolution, merger, consolidation, division, separation, handover of company assets, conversion of the company's organizational form.
v. Other disputes about business, commerce, except for cases under the jurisdiction of other agencies, organizations as prescribed by law.

4. Solution of resolving economic contract disputes

Article 317 of the Commercial Law 2005 stipulates four forms of commercial dispute resolution as follows:
- First solution is resolving dispute bynegotiation: The parties will discuss, self-arrange, remove the disagreements to eliminate the dispute without the need for assistance or judgment of any third party.
At this stage, the lawyer resolving the commercial contract dispute can represent the client to negotiate with the disputing partner. Along with that, the lawyer will consider the benefits, risks to propose a negotiation plan suitable for the client's initial desire, after agreeing on the negotiation plan, the lawyer is also the person who clearly presents the proposed viewpoint of the client to the partner.
The lawyer resolving the commercial contract dispute is also the person who analyzes the benefits, difficulties when the dispute arises; analyzes the advantages of the proposal to ensure a balance of interests of both parties, thereby, achieving negotiation results.
The advantage of resolving economic contract disputes by negotiation: It is the simplest, quickest, and least costly way to resolve disputes. In this way, all disputing parties achieve their goals, there is no confrontation between the parties, so the cooperative relationship between the parties is maintained; The parties keep their business secrets and reputation; Because it originates from the voluntariness with the goodwill of the parties, the negotiation plan is easily implemented by the parties.
- Second solution is resolving dispute by conciliation: It is the solution of resolving disputes with the participation of a third party as a mediator to assist, persuade the disputing parties to find solutions to eliminate the dispute that has arisen.
The resolution of disputes over the contract of sale of goods by conciliation has the presence of a third party (chosen by the disputing parties) as a mediator to assist the parties in finding the optimal solution to eliminate the dispute.
As the negotiation, the lawyer can also be the representative who analyzes the risks, consequences of the dispute and proposes a plan to the client and partner.
The advantage of this solution is similar to negotiation mentioned above.
- Third solution is resolving disputes by the Court: It is the solution of resolving commercial disputes at the adjudicating agency in the name of state power, carried out according to a strict, tight procedure. The court's effective judgments are enforced by the coercive power of the state.
The court only resolves commercial disputes when requested by the disputing parties and the dispute is under the court's jurisdiction. The court's judgment is by verdict, decision in the name of the State.
In this stage, the lawyer resolving the commercial contract dispute will help the client:

+ Evaluate the entire profile
+ Identify and determine the types of disputes
+ Advise clients to understand the provisions of relevant laws
+ Advise on collecting records, evidence
+ Determine the court's jurisdiction to resolve the dispute
+ Apply the law to resolve the dispute issue
+ Advise on how the dispute resolution process is carried out?
+ The profile needs to be prepared
+ Advise on dispute resolution options

The advantage of resolving economic contract disputes by the Court: The court in the name of the State to resolve disputes, so the court's judgment is guaranteed to be enforced by the Enforcement Agency; The resolution is accurate, fair, objective, and in accordance with the law because it can go through many levels of trial.
- Fourth Solution is resolving disputes by Commercial Arbitration: It is the solution of resolving disputes through the activities of arbitrators as independent third parties to end conflicts by issuing an arbitration award that obliges the parties to respect and implement.
When resolving disputes by Commercial Arbitration, the Arbitrator only resolves commercial disputes when requested by the disputing parties and the dispute must be under the jurisdiction of the arbitrator. Just like in the litigation stage at the Court, the lawyer resolving the contract dispute at the Commercial Arbitration will also assist the client in tasks to ensure the client's legitimate rights and interests in this stage.
The advantage of resolving economic contract disputes by Arbitration: Arbitration procedures are simple, quick, the parties are proactive about the time, place of dispute resolution, do not go through many levels of trial (The decision of the Arbitration has immediate enforcement value); The appointment of arbitrators, the establishment of the Arbitration Council will help the parties choose good, experienced Arbitrators who understand the dispute issue; The principle of non-public Arbitration trial creates conditions for the parties to keep their business reputation; Arbitration in the name of the parties, not in the name of the State, so it is very suitable to resolve disputes with foreign elements.

5. Some notes to avoid economic contract disputes

In order to limit the risks of disputes between the parties in the economic contract, individuals, organizations need to note the following issues:
- First, choose a partner: To avoid disputes arising right in the contract negotiation stage, clients should choose a partner who has long-standing prestige in the market, has an enthusiastic, professional working attitude and a good cooperative spirit.
- Second, draft an economic contract tightly, suitable for contract performance: Before signing the contract, individuals, organizations should learn about the provisions of the law or choose a legal consultant, who has experience in the field of legal advice, drafting, reviewing the terms in the contract, explaining clearly the legal issues to make contributions, amend and supplement the provisions in the contract, ensure the content of the agreement of the parties in the contract is tightly correct with the provisions of the law, best ensure the rights and legitimate interests of the parties when participating in the conclusion of the economic contract.
In the process of negotiation and signing of the contract: To limit the occurrence of disputes, it is necessary to identify the potential risks mentioned below:
Before entering into a contract, clients need to consider the conditions for the contract to be valid. The content of the contract needs to draft terms that clearly and specifically regulate the rights and obligations of the parties. At the same time, it is necessary to clearly stipulate the penalties for breach of contract and liability for compensation for damages, the level of compensation for damages in specific cases.
Thirdly, strictly comply with the implementation of the contract: During the implementation of the contract, the parties need to comply with the contract and relevant legal regulations; always promptly notify the other party about arising issues. If there is a violation, the parties need to make a record of the incident as a basis for recording the violation of the contract provisions and legal regulations to have a basis for dispute resolution.

6. What does a lawyer do to resolve economic contract disputes?

In economic relations, just a contradiction, such as a party does not perform or does not fully perform its obligations and the parties cannot negotiate, reconcile, will lead to contract disputes. When a dispute arises, the lawyer resolving economic contract disputes will:
Research the economic contract and related documents provided by the client to objectively evaluate the entire case.
Advise and propose dispute resolution options for clients to consider and choose.
Represent or accompany the client during negotiations, conciliation with economic partners to seek ways to resolve arising issues.
Support clients in transactions with related individuals, agencies, organizations to resolve the case and/or collect evidence of the case.
Advise on procedures and prepare lawsuit files at the Court or Commercial Arbitration.
Perform the role of a lawyer to protect the legitimate rights and interests of clients throughout the dispute resolution process at the Court or Arbitration.

7. Why do we need a lawyer to resolve economic contract disputes?

Disputes are things that neither parties want, because it not only causes damage, costs in terms of economy, time of the parties but can also lose credibility, lose future partners... Therefore, to minimize risks, disputes arise during the implementation of the contract:
The lawyer resolving economic contract disputes will advise the contract so that clients perform the correct content and fully the rights and obligations agreed in the contract or as prescribed by law. At this point, clients will understand their rights and obligations to where and what to do to ensure the implementation of the contract without causing disputes.
The lawyer resolving economic contract disputes will explain unclear terms or difficult words. From there, the parties exchange contract adjustments through appendices or other documents to clarify the terms, the meaning of its content.
The lawyer resolving economic contract disputes will check whether the violation behavior has a basis or not and belongs to the cases exempt from liability as prescribed by law or not? Advise on measures, penalty regimes according to the agreement in the contract and as prescribed by law.
The lawyer resolving economic contract disputes will study the profile, document, provide information to clients objectively, honestly about the situation. From there, analyze, explain issues that are or are not in accordance with the provisions of the law, point out legal consequences, propose solutions to protect the legitimate rights and interests of customers in the case.
In addition, the lawyer will advise, explain to clients to understand the origin of the dispute arising from where, is due to the way the business is managed, or due to negligence in the working process of employees, or is due to the fault of the partner... When the lawyer advises to identify and clearly point out the cause, the core of the arising, from there the business will have specific adjustment measures.
Lawyers resolving economic contract disputes support clients in collecting evidence and related documents.
Lawyers resolving economic contract disputes advise and explain to clients the legal provisions regulating dispute relations; The procedural process of dispute resolution at competent agencies.
Lawyers resolving economic contract disputes represent clients in handling work in and out of litigation when disputes arise.

8. Where can you find a lawyer to resolve economic contract disputes?

At Phong & Partners, we have shaped and always been loyal to the important criteria to build a team of lawyers to resolve economic contract disputes, which are:
Firstly, the standard of morality
Always put "conscience" first;
Always honest and objective;
Always persistent and patient;
Always diligent with work;
Always act for the legitimate interests of customers.

Secondly, the standard of professional skills
Logical thinking skills and legal thinking;
The skill of presenting issues in written and spoken language;
Skills in researching and analyzing legal regulations;
Argument and debate skills;
Negotiation and persuasion skills;
Emotion control skills.
Here are the images of good lawyers in Da Nang at Phong & Partners:
♦ Lawyer Le Ngo Hoai Phong
Lawyer Le Ngo Hoai Phong is the founder - Head of Lawyer Le Ngo Hoai Phong's Office (Phong & Partners). Lawyer Phong is a person with nearly 20 years of experience in the profession, has deep knowledge, skills and legal experience in consulting, litigation and training in many legal fields, especially business, civil, administrative, labor, real estate business, insurance...
Phone: 0905.102425
Email: wind5759@gmail.com
♦ Lawyer Dang Van Vuong
Lawyer Dang Van Vuong - Deputy Head of Lawyer Phong & Partners Office, Head of Phong & Partners Branch in Cam Le - is a member lawyer with deep practical knowledge and experience with over 7 years of experience, especially in the field of business law, investment, labor and trade.
Phone: 0901.955.099
Email: vuongdang.lawyer@gmail.com
♦ Lawyer Phan Thuy Khanh
Lawyer Phan Thuy Khanh - Deputy Head of Lawyer Phong & Partners Office, Head of Phong & Partners Branch in Son Tra - is a member lawyer specializing in the field of administrative law, business law, has practical experience in representing many cases related to land, debt recovery and other legal services, advising clients at home and abroad.
Phone: 0905.205624
Email: phanthuykhanh@gmail.com
♦ Lawyer Ngo Van Binh
Lawyer Ngo Van Binh - Head of Phong & Partners Branch in Lien Chieu - is a lawyer with many years of experience and deep legal knowledge, has nearly 10 years of legal advice, answering through the TV Mailbox program and the program "listening to you" of Da Nang TV.
Phone: 0905.699.268
Hopefully by now you have made the right decision in choosing the best suitable lawyer to solve your problem.
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LAWYER PHONG & PARTNERS IN TAY NGUYEN
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Phone: 0282 2125678 - 0905 530 678
LAWYER PHONG & PARTNERS IN HO CHI MINH CITY
Address: Floor 9, K&M Building, No. 33 Ung Van Khiem, Ward 25, Binh Thanh District, Ho Chi Minh City.
Phone: 0905 102 425
LAWYER PHONG & PARTNERS IN DA NANG CITY
1. Lawyer Phong & Partners in Hai Chau - Thanh Khe
Address: Floor 6 Thanh Loi Building, 249 Nguyen Van Linh, Da Nang.
Phone: 02363 822 678 - 0905 102 425
2. Lawyer Phong & Partners in Son Tra
Address: 01 Dong Giang, Son Tra District, Da Nang
Phone: 0905 205 624
3. Lawyer Phong & Partners in Lien Chieu
Address: 21 Truong Van Da, Lien Chieu District, Da Nang.
Phone: 0961 283 093
4. Lawyer Phong & Partners in Ngu Hanh Son
Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.
Phone: 0905 579 269
5. Lawyer Phong & Partners in Cam Le - Hoa Vang
Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.
Phone: 0901 955 099
Email: phongpartnerslaw@gmail.com
Website: https://phong-partners.com
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