Businesses and investors
Civil, commercial and labour litigation
NLP Law Firm, based in Hà Nội, advises and represents businesses and individuals in civil, commercial and labour disputes: assessment before a claim is brought, negotiation, mediation, proceedings in court and in commercial arbitration, appeals, and judgment enforcement. In labour relations, we do not represent both sides in the same matter.
NLP Law advises and represents businesses and individuals in civil, commercial and labour disputes: assessment before a claim is brought, negotiation, mediation, bringing a claim or taking part in proceedings in court and in commercial arbitration, appeals, and moving on to judgment enforcement once a judgment or decision takes legal effect.
We represent clients in court, in arbitration and before state agencies in disputes over contracts, loans, deposits, compensation for damage, internal corporate disputes and employees’ rights. In labour relations, we advise either the employee or the employer, and do not represent both parties in the same matter.
Who is this service for?
This service is for businesses and individuals involved in disputes over contracts, compensation for damage, internal corporate matters or labour relations, whether you are bringing the claim or being sued.
- Businesses in dispute with a counterparty over the quality of goods or services, timelines, payment or contractual penalties.
- Businesses and individuals who have just received a notice of acceptance of a case brought against them.
- Individuals with disputes over loan, deposit, lease or service contracts.
- Individuals and families who have suffered damage to property or health caused by another person’s conduct.
- Companies, members and shareholders in conflict over management rights, contributed capital, shares or the liability of managers.
- Employees who have been dismissed, whose employment contracts have been terminated, or who have not been paid their wages or had their social insurance contributions paid.
- Businesses preparing to take disciplinary action or to terminate employment contracts, or already in dispute with employees.
What types of matters do we handle?
We act for plaintiffs, defendants or persons with related rights and obligations, both before a claim is filed and after a notice of acceptance of the case has been received. Common types of matters on which we provide advice and representation:
- Contract disputes between businesses over the quality of goods and services, timelines, payment, contractual penalties and compensation for damage.
- Businesses sued in court by customers, counterparties or other related persons.
- Disputes between individuals over loan, deposit, lease or service contracts where one party fails to perform as agreed.
- Claims for compensation for non-contractual damage to property or health, such as traffic accidents or construction work on a neighbouring site.
- Disputes between a company and its members, shareholders or managers, and between members or shareholders themselves.
- Individual labour disputes over dismissal, unilateral termination of employment contracts, wages, allowances and social insurance.
- Reviewing the grounds and procedure before a business issues a disciplinary dismissal decision or unilaterally terminates an employment contract.
The descriptions above are general types of matters intended to give you a sense of the scope of our support; they are not specific matters we have handled.
What stages does our work follow?
The work is divided into five stages; you can start with us at any stage, even after receiving a notice of acceptance of the case or after a first-instance judgment has been issued.
- Intake and assessmentChecking for conflicts of interest; identifying your procedural status; reviewing contracts, evidence and correspondence between the parties; assessing the limitation period, the jurisdiction of the Regional People’s Court or of arbitration, any mandatory pre-action procedures and the practical prospects of enforcement; giving an initial opinion, the options and a written quotation.
- Negotiation and mediationDrafting letters to the other party; representing you in negotiations within the scope of your authorisation; taking part in mediation at court, conciliation during proceedings and mediation by a labour mediator; reviewing settlement agreements and mediation records before you sign them; drafting a petition for the court to recognise an out-of-court mediated settlement where needed.
- Court and arbitration proceedingsDrafting the statement of claim or the written opinion, counterclaims and personal statements; submitting evidence; requesting interim measures, the collection of evidence, expert examination and valuation; attending court sessions and the first-instance hearing; for labour disputes, taking part in resolution before the labour arbitration council; for disputes subject to an arbitration agreement, drafting the statement of claim or the statement of defence and taking part in the arbitral proceedings.
- After a judgment or awardAnalysing the first-instance judgment or decision and the appeal deadline; drafting the appeal and attending the appellate hearing at the provincial People’s Court; for arbitral awards, assessing the award and, where there are grounds, drafting a petition asking the court to set it aside.
- Enforcement and completionOnce the judgment or decision takes legal effect, explaining the procedure for requesting judgment enforcement, or drafting the request for judgment enforcement if you instruct us to continue; reporting the outcome, returning original documents and noting any remaining deadlines.
Our principles in resolving disputes
- You decide whether to bring a claim, mediate, withdraw a claim or appeal; the lawyer reaches agreement with the other party only within the scope of your authorisation.
- The Firm checks for conflicts of interest before accepting a matter and does not represent parties with opposing interests in the same matter.
- We use only evidence and measures permitted by law.
- We assess the strengths and weaknesses of each matter candidly and do not promise results in advance.
- Matter and client information is kept confidential under the Law on Lawyers, even after the contract ends.
- Important documents are approved by a lawyer before they are issued.
What documents should you prepare?
When you first contact us, a brief summary of your request is all we need. After checking for conflicts of interest, the Firm will let you know which documents to provide; copies are sufficient for a preliminary assessment. Documents commonly used to assess a matter include:
- Contracts and appendices; delivery, acceptance and contract close-out records; invoices and payment records.
- Emails, messages and minutes of meetings between the parties, clearly showing the time and source.
- Procedural documents already received, such as notices of acceptance of the case, summonses, judgments and decisions.
- For internal corporate disputes: the charter, the register of members or register of shareholders, resolutions and meeting minutes.
- For labour disputes: the employment contract, the internal labour regulations, the disciplinary or termination decision, minutes of the disciplinary meeting, payroll records, statements showing salary received and the social insurance contribution history.
- For compensation claims: medical records, invoices for expenses, photographs, and records or documents issued by competent authorities.
- Your own documents: identity card or passport; for businesses, the Enterprise Registration Certificate and the letter of authorisation.
- Documents in a foreign language, together with translations if available.
Who does the work?
- Lawyer in charge of this service group: Lawyer Nguyễn Duy Linh, Director. Criminal, civil and commercial litigation; debt recovery.
- Also involved: Đinh Thị Phượng, Lawyer; Đàm Thị Thu Hoài, Litigation Specialist; Bùi Cẩm Ly, Litigation Specialist, Administration and HR.
Frequently asked questions
I have just been sued and received a notice of acceptance of the case. What should I do first?
You should contact the Firm as soon as you receive the notice of acceptance; after checking for conflicts of interest, the Firm will let you know which documents to send. The Civil Procedure Code sets a short time limit, counted from the date of receipt of the notice, for the defendant to submit to the court a written opinion together with documents, evidence and any counterclaim; the court grants an extension only where the application is justified, and a counterclaim must be made before the opening of the session for checking the submission of, access to and disclosure of evidence, and for conciliation. The court applies the limitation period only at the request of one or more parties, made before the first-instance court issues its judgment or decision resolving the matter.
Does a dismissed employee have to go through mediation before bringing a claim?
It is not mandatory. Disputes over disciplinary dismissal or over the unilateral termination of an employment contract do not have to go through mediation by a labour mediator before the court is asked to resolve them, and where there are grounds the employee may ask the court to suspend the implementation of the dismissal decision or of the decision to unilaterally terminate the employment contract. The limitation period for asking the court to resolve an individual labour dispute is shorter than that for a civil contract dispute, so the limitation period should be assessed from the outset.
Can I ask the court to stop the other party from dissipating assets while the case is being resolved?
Yes, where there are grounds. You may ask the court to apply interim measures such as attachment, a prohibition on transferring property rights, a prohibition on changing the current state of the disputed property, or the freezing of the obligor’s accounts or assets. For these measures, the applicant must provide security in the amount set by the court and must pay compensation if the request proves to be wrongful and causes damage, so we assess the grounds and the risks before you decide.
Does the Firm act for employees or for businesses?
Both. We advise and represent either employees or employers, but do not represent both parties in the same matter. The Firm checks for conflicts of interest when it receives a request, before discussing the details of the matter.
Does the Firm commit to an outcome or to a timeframe for resolving the case?
No. We assess the strengths and weaknesses of each matter candidly and do not promise results or timelines in advance. The time taken depends on the court, the arbitral tribunal and how the matter develops; the written quotation sets out the expected timeline for the work the Firm carries out.
How are fees determined?
Fees are agreed for each matter and clearly set out in the legal services contract, using a fee calculation method permitted under the Law on Lawyers. Court fees and charges, arbitration costs, enforcement fees and amounts payable to state agencies are not lawyers’ fees; estimated amounts are stated in the quotation. An agreement on fees is not a commitment or guarantee of any particular outcome.
Related
General information only; not a substitute for advice on a specific matter.
NLP Law
Book a consultation
Call our hotline or email us to book a consultation. Detailed capability statements for each service group are available on request.
Head office: Ground Floor, No. 10 Cầu Đất Street, Hồng Hà Ward, Hà Nội · Hotline: 0825 108 668 · Email: nlplawfirm.hn@gmail.com
Matter and client information is kept confidential under the Law on Lawyers, even after the contract ends.
Please do not send details of your matter, documents or sensitive information by email or through the form at this stage. After checking for conflicts of interest, the Firm will let you know which documents to send. View the Personal Data Protection Policy.