What Is Commercial and Business Dispute?

In the process of integrating into the world economy, demand on knowing what is commercial and business dispute are inevitable and tend to be increasing and diversifying. To clearly understand what is commercial and business dispute, this article will make the following issues clear:

1. Concepts

Article 3.1 of the Commercial Law 2005 states: “Commercial activities mean activities for the purpose of generating profits, including: sale and purchase of goods, provision of services, investment, commercial promotion and other activities for the profit purpose.”

As such, answering for the question  what is commercial and business dispute, it can be understood commercial business disputes are disputes or conflicts that occur between parties when participating in commercial activities.

In order to answer for the question what is commercial and business dispute, it can be referred to the court’s authority to resolve disputes. Accordingly, what is commercial and business dispute, that means disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits. what is commercial and business dispute in the field of intellectual property, that is disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits. what is commercial and business dispute in the field of company internal, that is disputes between persons who are not members of a company but involve in transaction in transfer of capital holding and the company and/or its members; disputes between a company and its members; disputes between a limited liability company and its manager or between a joint-stock company and members of its Board of Directors, its Director or its General Director, or among members of a company regarding the establishment, operation, dissolution, merge, consolidation, total division, partial division, property transfer and/or organizational transformation of the company. what is commercial and business dispute if the dispute is not subject to the defined cases, that  is disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

2. Subject

When at least one party of a dispute is a trader, what is commercial and business dispute. This is also a commercial and business dispute. Most commercial disputes take place between merchants but there are also some cases where individuals, organizations other than traders can also be the subject of commercial disputes such as: between companies and 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.

After knowing what is commercial and businessdispute, if you need a legal assistance in relation to commercial and business dispute, 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 Da Nang. 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 Intellectual Property, Labor and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective legal service.