Mr. Nguyen Anh Vu, residing in District 8 -Ho Chi Minh City asked: In May 2019, my husband and I bought an apartment from Company X., expected to handover home in June 2020. However, up to now, the agreed deadline has passed but this project has not been completed or handed over. Because I couldn't wait any longer, my husband and I wanted to buy an apartment in another project, so I repeatedly requested Company X to refund the amount we I have paid and compensated according to the signed Apartment Purchase Contract (referred to as Contract) but not resolved. I intended to sue in Court but was advised to sue at the Arbitration Center because the dispute resolution clause in the Contract stated "all disputes arising during the implementation of the contract will resolved at Arbitration Center ". In fact, this is a pre-prepared general contract form that Company unified application, so I personally did not pay attention and was not informed in advance by Company X. about the terms of settlement at the Arbitration Center . Up to now, when checking the signed Contract, I learned that the settlement cost at the Arbitration Center is much higher than at the Court. So can I sue in Court or do I have to request settlement at the Arbitration Center as in the Contract?
09/07/2024 - FAQ
My name is Nguyen Van Minh – a staff working at the Department of Planning and Investment of X province under contract regime. I and 03 of my friends contributed capital to establish Anh Hao limited liability company. After a period of operation, there have been many conflicts within the company. Mr. Tran Ngoc Nguyen – Manager of the company, who contributed capital to establish the company made an unfair profit on behalf of the company, making a huge negative impact on the company. Thus, Mr. Tran Ngoc Nguyen was dismissed from his position as director in the meeting of the board members. After that, he filed a lawsuit in court stating that I am the Department of Planning and Investment’s staff who is not eligible to contribute capital to establish the company. Then, am I allowed to contribute capital to establish the company?
23/08/2023 - FAQ
Mr. Truong Van Nhi living in Cam Le district, Da Nang City asked:
Our company signed a construction contract with The A company in Quang Nam. The contract was signed by The A company's Chairman of the Board. When signing the contract, we knew that the Chairman does not have the right to sign, but because of the sensitivity, we did not request the authorization letter. When the contract was implementing approximately 60% of the workload, some issues arose that both parties could not be consensus. Thus, the Manager - Legal representative of The A company - requested to cancel the contract because the person who signed the contract didn't have authority. We would like to understand clearly that, is the contract in the above circumstance seem as an invalid contract?
19/07/2023 - FAQ
*Question: Mr. Binh living in Hai Chau District, Da Nang City asked: In December 2020, my company and the X company signed a commodity trading contract. However, The X company did not perform the signed contracts’ obligation but seize our deposit blatantly. Therefore, in October 2021, we filed a lawsuit in The H Commercial Arbitration Center to force the X company to return the deposit, pay for the compensation for the actual damages incurred and the penalty of contract violation.
19/07/2023 - FAQ
Mr. Truong Thanh Nhat asked: “In July 2017, my company signed a building materials trading agreement which has the value of up to one billion dongs with A company and the time limit for payment is until late December 2017. However, when the time for payment expired, A company only paid 700 millions dongs, then my company requested A company many times to pay but A company did not reply. Actually, my company decided to sue A company for paying the remaining debts, however, I found out that the statute of limitations for lawsuits expired. I wonder if there is any possibility that I sue A company for repayment? If so, are there any disadvantages to my company? What should my company do to defend our maximum rights?”
14/06/2022 - FAQ
Mr. Ngo Van Quan – President of X Company asked: “My company signed a goods trading agreement with Y Company. The agreement was signed by Mr. Phan Hoa – Vice president of Y company. Because of the trust I conducted to directly sign without checking an authorization letter (minutes on debt confirmation was also signed by Mr. Hoa). The agreement had stamps of both companies. Up to now, my company has delivered full of goods and issued VAT invoices but Y company has not paid the remaining debt (only paid 60%) with the reason that the agreement and minutes on debt confirmation are invalid because they were signed by the vice-president who is not authoritative. In this case, are the agreement and minutes on debt confirmation invalid? Can we recover the debt?”
26/04/2022 - FAQ
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