Litigation and Negotiation
Disputes on business and commerce are disputes arise in business, commercial activities between individuals, organizations having business registration and for a profit.
To settle business and commerce disputes, both parties need to make proper decisions considering factors such as aim, nature of disputes and business relationship of parties involved, time and cost for solving disputes. Therefore, in choosing the methods for settling disputes, both parties need to comprehend the nature and evaluate the pros and cons of each option to reach the most proper decision.
Methods of settling business – commerce disputes:
Negotiation
This is the first method that is mostly applied in many cases of settling business and commerce disputes.
Mediation
This is the method that parties negotiate dispute settlement with the support of a third party who is a mediator. The result of mediation depends on good will of parties involved and reputation, experience, skill of mediator. The mediator does not make final decision for the settlement of dispute. It is the agreement of the parties involved that shapes the decision.
Arbitration
Settling disputes through arbitration is an inevitable method in the market economy and is very popular in the business environment. In this method, dispute will be settled through an Arbitration Council or Arbitrator as a third and independent party in order to solve conflicts between the parties by an arbitration award which is compulsory in implementation.
Court
This is the method least chose by the parties and this is usually the last option when negotiation, mediation, arbitration prove to be ineffective.
The scope of legal consultation in civil matters provided by LegalLink focuses on land, civil transactions, marriage and family, inheritance issues.
Our main legal services include:
- Land law: consultation on procedures on land, construction, preparation of documents for issuance of certificate of land use rights, certificate of ownership of houses, permission for change of land use purpose, permission for construction…
- Legal consultation on land law: land use plan, land clearance, compensation, support for resettlement.
- Legal consultation for civil matters: contract on sale of property, contract on exchange of property, contract on gift property, contract on loan property, contract on rent property, contract on borrow property, contract on bailment of property, contract on service, contract on transportation, contract on processing, contract on insurance, contract on mandate, promise of reward and competition for prizes;
- Legal consultation on transaction to secure the performance of civil obligations: pledge of property, mortgage of property, deposit, security collateral, escrow account, guaranty, pledge of trust;
- Legal consultation on civil transaction such as representatives, mandate; performance of task without authorization, compensation for damage outside contract…
- Legal consultation on domestic marital registration domestic and marital registration with foreign elements, common property, separate property of husband and wife; division of common property during marriage period;
- Legal consultation on divorce procedures: marriage relation, property relation, division of rights and obligations to take care of and educate children;
- Legal consultation on identification of rights and obligations between parents and children; among members of family; raising adopted children in the country and raising adopted children with foreign elements; identifying of father, mother for children or identifying children for father, mother; support procedures, guardian among members of family.
- Legal consultation on inheritance, division of estate;
- Represent client on civil disputes: disputes relating to land, divorce, inheritance;
With experience and expertise of consultation on land, inheritance, marriage and family law, our team of lawyers shall always support clients in daily matters through the provision of legal services.
With experience and expertise, lawyer team of LegalLink try our best endeavor to protect legitimate rights and interests of clients and commit to provide exceptional services to clients.
LegalLink delegates our lawyer to represent/offend clients as required in criminal cases, including but not limited to:
- Crimes relating juvenile offenders;
- Crimes of infringement upon national security;
- Crimes of infringement upon human life, health, dignity and honor;
- Crimes of infringement upon citizen’s democratic freedom;
- Crimes of infringement upon ownership rights;
- Crimes of infringement upon the marriage and family regimes;
- Crimes of infringement upon the economic management order;
- Crimes related to environment;
- Crimes related to narcotics;
- Crimes of infringement upon public safety, public order;
- Crimes of infringement upon administrative management order;
- Crimes relating to position;
- Crimes of corruption;
- Crimes of infringement upon judicial activities;
- Crimes of infringement upon the duties and responsibilities of army personnel
When administrative decisions, administrative acts of State authorities or any competent persons in State administrative bodies violate legitimate rights and interests of individuals, organizations, they have the rights to complain, denounce or initiate administrative litigation against that administrative decision, administrative act.
Complain
Citizens, organizations have the right to make complaint on administrative decisions and administrative acts of State authorities or of any competent persons in State administrative bodies on the grounds that those administrative decisions, administrative acts are considered illegal, violating their legitimate rights and interests.
Denounce
This is the act of citizens to inform competent authorities on violated acts of any organizations, bodies causing damages or threatening to cause damages affecting interests of the State, legitimate rights and interests of citizens, organizations.
Administrative litigation
Individuals, organizations have the right to initiate litigation against administrative decision, administrative acts, disciplinary decisions on dismissal, decisions on handling of complaint on decisions on handling of competition cases, making of list of voters.
LegalLink shall delegate lawyer to represent client to exercise complaint rights at administrative bodies or defend client’s legitimate rights and interests in administrative cases.
LegalLink provide legal consultation on labor including but not limited to drafting internal working regulations, regulations on labor, labor contracts, settling labor disputes at the court.
In this area of service, our consultation services include:
- Consult on human resource recruitment, labors; organize human resource recruitment for domestic and foreign invested enterprises, recruitment of foreign labors in Vietnam;
- Organize and arrange human resources tailored with the needs of enterprises;
- Consult on the conditions and procedures to establish Trade union in enterprises, scope of work of Trade union, relationship between trade union and owners of enterprises;
- Consult on salary, reward, insurance regulations in the enterprise and the implementation of these regulations;
- Consult on the drafting of wage scales, wage tables for enterprises; means, procedures for payment of salary, reward for employees, personal income tax of employees.
- Consult on female employees, pregnancy and maternity, insurance for female employees;
- Consult on labor contracts and related issues;
- Consult and draft legal documents including labor contracts, collective bargaining agreement, internal working regulations;
- Consult on the compliance and registration of collective bargaining agreement, internal working regulations and performance of administrative procedures and reports;
- Consult on re-structure of labor resources and settlement of abundant labors, policies for employees in related enterprises;
- Consult on material responsibility, labor discipline, working time and rest time, issues related to health conditions, working conditions, labor safety and labor hygiene;