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SPA Disputes Guide

SPA Disputes in Unlisted Joint-Stock Companies: Identifying Key Risks and Protecting the Buyer’s Interests

Share acquisitions in unlisted joint-stock companies involve significant legal and commercial risks. This article examines common SPA disputes and the key considerations for Buyers in legal due diligence, transaction negotiations and SPA drafting, with a focus on contractual risk allocation and investment protection. Introduction Share acquisitions in unlisted joint-stock companies (Private M&A transactions) are a […]

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Recognition and Enforcement of Foreign Arbitral Awards in Vietnam: Grounds for Refusal, Court Practice and Practical Risk Management

1. Introduction: Winning an International Arbitration Does Not Guarantee Recovery of Assets in Vietnam For foreign businesses with counterparties, assets or commercial operations in Vietnam, international arbitration is often chosen as a neutral dispute resolution mechanism capable of facilitating cross-border enforcement. However, even after obtaining a favourable award from an international arbitral institution, the successful […]

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Domestic Sale of Goods Disputes in Vietnam: Legal Risks and Practical Solutions for Businesses.

1. Overview: Commercial Disputes Often Begin with Operational Issues Contracts for the sale of goods underpin a wide range of business activities in Vietnam, from the supply of raw materials, machinery and components to manufacturing, distribution and retail operations. Despite the existence of a signed contract and an established commercial relationship, disputes may arise from […]

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Decree No. 318/2026/ND-CP: Interest Rate Derivative Contracts with Netting Provisions in Bankruptcy Proceedings

Under the legal framework on recovery and bankruptcy, the treatment of financial contracts incorporating netting and settlement mechanisms presents specific legal considerations, as such transactions may simultaneously involve payment obligations, collateral and the determination of net asset values between the parties. Decree No.318/2026/ND-CP of the Government establishes specific exceptions for interest rate derivative contracts containing […]

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Domestic Producers’ Rights in Vietnam’s Trade Remedy Proceedings: Legal Framework and Practical Considerations

In compliance with its commitments under the World Trade Organization (“WTO”) concerning trade remedy measures, the Standing Committee of the National Assembly of Vietnam promulgated: (i) Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Importation of Foreign Goods into Vietnam; (ii) Ordinance No. 20/2004/PL-UBTVQH11 on Anti-Dumping of Goods Imported into Vietnam; and (iii) Ordinance No. 22/2004/PL-UBTVQH11 […]

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Legal framework for creditors’ applications to commence bankruptcy proceedings under the 2025 Law on Recovery and Bankruptcy

Law No. 142/2025/QH15 on Recovery and Bankruptcy (the “2025 Law on Recovery and Bankruptcy”) establishes a new framework for addressing insolvency of enterprises and cooperatives. The Law gives creditors a number of important rights to take an active role in initiating and participating in bankruptcy proceedings. For creditors, bankruptcy proceedings are not merely a last […]

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DISPUTE RESOLUTION MECHANISMS IN PUBLIC–PRIVATE PARTNERSHIP (PPP) INVESTMENTS IN VIETNAM: KEY CONSIDERATIONS FOR FOREIGN INVESTORS AND PPP PROJECT COMPANIES

Overview Dispute resolution mechanisms applicable to public–private partnership (“PPP”) investments in Vietnam currently comprise two principal avenues: (i) petition (complaint) mechanisms; and (ii) litigation and dispute resolution proceedings. These mechanisms are governed primarily by the Law on Investment in the Form of Public–Private Partnership No. 64/2020/QH14 dated 18 June 2020, as amended (“PPP Law”), and […]

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Dispute resolution in Vietnam.

The parties involved in the disputes, depending on the actual situation of such case, may choose a Foreign court or a Foreign arbitration agency, International arbitration agency to handle the dispute. For judgments, decisions made by Foreign courts or awards made by Foreign arbitration agency related to the enforcement in Vietnam. One of the parties […]

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