Under Vietnam law, there are three methods for determining compensation. First, the total damage calculation as outlined above. This is the most damaging to the breaching party. Second, limitation by law. Third, agreement by the parties. Total damages for breach of contract include physical damage, spiritual damage, the benefits that would have been enjoyed by [...]
Indochine Counsel has recently updated its chapter in the Kluwar Online Enforcement of Foreign Judgments for 2020. You can access last year’s edition here: http://www.kluwerlawonline.com/toc.php?pubcode=efj As I had the opportunity to work on this, I thought I would list a few highlights of the procedure using that source as a reference. Below is a discussion [...]
Criminal liability accrues to a commercial legal person if the violating act was performed (1) in the name of the legal person, (2) for the benefit of the legal person, (3) under the direction, management or approval of the legal person, and (4) the relevant statute of limitations has not expired. Criminal prosecution of a [...]
For those familiar with shareholding companies where venture capital (VC) is better established than in Vietnam, the concept of voting preference shares is familiar. I remember in law school discussing the differences in classes of shares for startups and shareholding companies, and the idea that classes of shares are treated differently from each other. That [...]
Formalities. Time consuming, seemingly needless, but so very important. When I was in Laos, I worked for an investment fund that offered some private parties loans. I was in charge of securing those loans. I did my due diligence, researched the secured transaction law--which was fairly simple--and drafted sufficient contracts to protect the fund. But [...]
I'm not going to point to specific articles, because I haven't kept track of them, but lately it's becoming apparent that Vietnam is nearing a purge of projects that have failed to realize. It's happened in the past, when a project is on the books for investment development and nothing happens, or very little happens. [...]
The Europe-Vietnam Free Trade Agreement (EVFTA) was signed by representatives of both parties on Sunday in Hanoi. While this is not the final step for execution of the agreement, this is a major milestone and will, more than likely, lead to adoption by the EU. In this article, here, Nicolas Audier discusses the benefits of [...]
Snow. For the last two days I've been snowbound in my house, unable to go anywhere on the roads, and without my computer. To me, at least at first glance, this appears to be a case of force majeure, an instance where I can claim a lack of liability for breach of contract in writing [...]
Now, I'm going to discuss something that I'm borrowing from Dan Harris over at Chinalawblog, even though I haven't actually read the article. I'm going off of the headline and regardless of what Dan Harris said, I can come up with my own reasons for this distinction. First, don't let a foreign lawyer draft your [...]
Indochine Counsel is proud to announce its contribution to A Guide to Practical E-Discovery in Asia, a multi-jurisdictional guide to E-discovery in the Asian region. Authored by Bryan Tan, Michael Lew, and Benjamin Ang the Guide covers nine jurisdictions in the region from Korea and Japan to Vietnam, Singapore, and Indonesia. The Vietnam chapter is [...]