Identifying commercial disputes are a common phenomenon in the market economy. As a result of commercial activities, identifying commercial disputes have soon received certain attention from Vietnamese law.
Identifying commercial disputes must know that dispute is a disagreement or conflict of rights and obligations between the parties. Depending on the social relations governed by the law industry, identifying commercial disputes will be different, for example: Civil dispute, labor dispute, land dispute, etc.
The 2005 Commercial Law also introduces the concept of commercial activities, Article 3.1 of the 2005 Commercial Law stipulates: “Commercial activities are activities aimed at making profits, including buying and selling goods, providing epidemic services, services, investment, trade promotion and other lucrative activities. ” According to this regulation, commercial activities are expanded to be all activities with profitable purposes.
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Thus, for the purpose of identifying commercial disputes, it can be understood that: “Commercial disputes are disputes or conflicts that occur between parties when participating in commercial activities.” Identifying commercial disputes has the following characteristics:
Firstly, identifying commercial disputes will find that commercial disputes are disagreements or conflicts over rights and obligations between parties in a commercial relationship. Commercial relations and disagreements between the parties are necessary and sufficient conditions for a dispute to arise.
Secondly, identifying commercial disputes will find that commercial disputes are disagreements or conflicts over rights and obligations between parties must arise from commercial activities.
Thirdly, identifying commercial disputes will find that commercial disputes are mainly those that arise between traders. In addition to the trader who is the main subject as identifying commercial disputes, in certain cases, individuals and organizations other than the trader may also be the subject as identifying commercial disputes: between the company and the members of the company; between members of the company related to the establishment, operation, dissolution, merger, consolidation, division, separation, transformation of the company’s organizational form.
If you have difficulties in identifying commercial disputes, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective civil litigation service.