Software Litigation Lawyers in Vietnam

How US Authorities Could Request for Help on Taking the Evidence in Vietnam for Civil or Commercial Matters? The Evidence Collection Convention is a multilateral Hague Conference convention that was signed on March 18, 1970 and went into effect on October 7, 1972. The objective of the Convention is to facilitate the collection of evidence and to harmonize the methods of evidence collection between States. Evidence Law in Vietnam On May 3, 2020, Vietnam became a party to the Convention on the Collection of Evidence Abroad. After becoming a member of this Convention, Vietnam only applies and accepts requests for evidence collection by a written request as described in Chapter I of this Convention. As a result, Vietnam does not use the process of gathering evidence carried out by a diplomatic officer, consular officer, or authorized person in Chapter II of the Convention. Procedures for collecting evidence between the United States and Vietnam under the Hague Convention Both Vie...

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires  litigation dispute law firm in Vietnam  with  dispute lawyers in Vietnam  having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes. Arbitration Law Firm in Vietnam  In the current business environment, most business agreements could contain a clause stipulating that disputes arisen must be resolved in arbitration. For a dispute to be referred to arbitration, there must be a valid arbitration agreement in writing, either as an arbitration clause within a contract or a separate agreement.  If the agreement is included within the context of a contract, the arbitration clause is considered independent, and any modification, extension, or termination of the contract does not affect the validity of the arbitration clause. Vietnamese law allows for a written arbitration agreement to take ...

Authors might find their copyright are infringed in Vietnam and would need legal services from a local legal and  intellectual property firm  to advise. Signals of Copyright Infringement in Vietnam A literary, artistic or scientific work is an achievement from hard intellectual labor of the author. However, after publishing works, many authors find others use, print or trade their works without their prior written permission. The copyright infringement action can cause many material damages for authors when their intellectual labor achievements are used by others without prior asking and annual royalties. To ensure the rights of authors, the law strictly forbids from infringing and stipulates particularly as follows: Appropriating copyright in a literary, artistic or scientific work. Impersonating an author. Publishing or distributing a work without permission from the author. Publishing or distributing a work of joint authors without permission from the co-authors...

How Guardianship of Minors is Regulated in Vietnam Laws? Guardianship under Vietnam laws aims to protect the legitimate rights and interests of groups that are not yet fully developed physically or mentally. There are two forms of guardianship prescribed by law: natural guardians and guardians appointed by a competent state agency, in which natural guardians can only be individuals. This type of guardianship is defined by the provisions of the guardian, the ward, and the rights and obligations of the guardian towards the ward and their property. There are potential disputes in finance or caring responsibility among people having responsibility of guardship therefore it is important to understand the order of natural guardians when life event happens that trigger the need for guardianship. Hence, having the advice form civil or marriage and  family dispute lawyers in Vietnam  with understanding of the matters is very important. Minors (a person under 18 years old) wh...

Regulations on Pay to Employees Working During Lunar New Year Holiday Under the provisions of Article 106.1 of the Labor Code 2012, overtime is a period of work outside normal working hours prescribed by law or according to a labor agreement or regulation. Depending on the needs and agreement of the two parties, the enterprise may request employees to work overtime during lunar new year (Tet) holiday, but must not exceed 12 hours in a day and must pay overtime as prescribed by law. According to Article 25 of Decree No. 05/2015 / ND-CP, the salary for overtime work on lunar new year holiday for employees is prescribed as follows: An employee who works overtime in the daytime of the lunar new year holiday is entitled to at least 300% of the normal day salary, excluding the salary on that new year holiday if the employee receives wages. Employees who work overtime at night during lunar new year holiday, apart from enjoying 300% of the normal daily salary, excluding the salary, if the empl...

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.   Register patent in Vietnam Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a  patent for an invention or a utility  model shall be a prior prevention of an infringement.   Under the laws on Intellectual Property of Vietnam: “Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions: -It is novel -And it is susceptible of industrial application. With highly professional staff and great experience in IP ...

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute occurs. Currently, there are 4  dispute resolution methods in international trade  as follows: negotiation, mediation, commercial arbitration and court. Dispute Law Firm in Vietnam Negotiation Negotiation is a settlement method which is usually applied in international dispute settlement. In particular, the parties discuss together, struggle, compromise and agree to settle the dispute. The result of the negotiation is that the dispute could be resolve or not. Negotiation is conducted in two ways: The two parties directly meet each o...

Arbitration award is final and binding upon the parties. The arbitral award takes effect from the date of its issuance and is not subject to appeal and protest which is a feature of dispute resolution through commercial arbitration. Therefore, the regulations on annulment of arbitral award should be carefully implemented to closely monitor these awards, ensure compliance with the laws and protect the interests of the parties involved. This is an important matters to discuss when lawyers specializing in dispute through commercial arbitration encounter when requested by the client to assist the  enforcement of the arbitral awards  under Vietnam laws. Arbitral award enforcement law firm in Vietnam Annulment of arbitral award also known as setting aside is means that the Court as a juridical authority is entitled to review such award upon request of parties in dispute in case there is a ground proving that the arbitral award belongs to one of the annulment cases under the laws...