Contract Disputes in Vietnam: 8 Contract Matters Foreign General Counsels Must Get Right

  

Introduction: Contract Disputes in the Recognition and Enforcement of Foreign Arbitral Awards in Vietnam

When you discuss about contract disputes in Vietnam, most of the time, you might think about what happens when a deal goes wrong.  You could go on and discuss breaches, delays, non payment, termination, or damages.

We now take a different starting point.

We talk about what happens after a dispute has already been decided, often by arbitration, and one party believes it has won and now proceed to recognition and enforcement stages in Vietnam.

Contract Disputes in Vietnam: 8 Contract Matters Foreign General Counsels Must Get Right

In practice, many foreign companies in Vietnam follow a familiar path:
1. A contract is signed and performed.
2. A dispute arises.
3. The parties go to arbitration.
4. An arbitral tribunal issues an award.
5. The winning party moves to enforce or recognize and enforce that outcome in Vietnam under New York Convention.

At this final stage, something unexpected would happens.

Vietnamese courts do not simply look at the arbitral award.
They may look back at the contract itself, sometimes in detail, to assess whether the agreement was valid, properly authorized, and compliant with Vietnamese law.

This means that even when:
• the contract has been used for years,
• the parties have fully performed,
• and an arbitral tribunal has ruled on the merits,

the contract can still become the central issue again at the recognition and enforcement stage in Vietnam.

Why Need To Think Early About Enforcement in Contract Disputes in Vietnam

When it comes to the time to enforce an arbitral awards issued by Vietnam arbitration or to recognize and enforce a foreign arbitral awards in Vietnam, the issue would arise.  Although many contract disputes in Vietnam do not fail on commercial merits, they fail because the contract itself cannot survive judicial review.

Vietnamese courts and arbitral tribunals emphasize:

• authority,
• written consent,
• legal form,
• and documentary integrity.

As a result, contract disputes in Vietnam often shift away from who breached question to more basic questions:

• Did a valid contract exist?
• Who had authority to bind the company?
• Can the agreement be proven cleanly?

For foreign general counsels, it is important to think about enforceability long before a dispute arises.

How Contract Design Shapes Contract Disputes in Vietnam

International arbitration theory emphasizes autonomy, separability, and minimal court intervention. But in contract disputes in Vietnam, decision makers often apply a stricter, document driven approach.

Vietnamese courts typically ask:

1. Was the contract validly formed?
2. Was it signed by the right person?
3. Is the arbitration clause clearly binding?
4. Does the contract comply with mandatory law?
5. Can the contract be proven without ambiguity?

If any answer is uncertain, the dispute escalates regardless of commercial fairness.

8 Contract Matters That Define Contract Disputes in Vietnam

1. Authority to Sign the Contract

One of the most frequent triggers of contract disputes in Vietnam is lack of signing authority.

We see in many cases, contracts are often signed by sales managers, project leaders, or foreign executives without valid authorization.

Vietnamese law applies a strict test that authority must exist at the time of signing.

For instance, in a Hanoi court case, an arbitral award was annulled because the contract was signed by a project director without proper authorization. The company had performed the contract for years, but the court focused solely on authority at signing, not later conduct.

Therefore, the general counsels need to make sure they verify the legal representative or require a valid Power of Attorney before execution. Authority risk is dispute risk.

2. Power of Attorney: Form, Scope, and Legalization

In cross border contract disputes in Vietnam, defective Powers of Attorney are a recurring problem.

Common issues include:

• expired POAs,
• POAs lacking arbitration authority,
• foreign POAs not consularly legalized.

Vietnamese courts treat representation capacity as a foundational legal requirement.

For instance, a Ho Chi Minh City court set aside an arbitral award after finding that a foreign Power of Attorney used in the arbitration had not been properly legalized. The court viewed this as a violation of basic legal order.

Therefore, the company’s general counsels should treat POAs as jurisdictional documents, and not forget to legalize, authenticate properly.

3. Contract Formation: Clear Written Consent Matters More Than Performance

Foreign companies often assume that performance proves agreement.

In contract disputes in Vietnam, this assumption is risky.

Problems arise when:

• contracts are unsigned,
• arbitration clauses appear only on invoices or many times in small letters in terms and conditions,
• email exchanges are treated as final agreements.

Vietnamese courts prioritize clear written consent.

For instance, in a dispute involving long term supply, a court rejected arbitration jurisdiction because the arbitration clause appeared only on delivery notes. Continuous performance did not cure the lack of formal agreement.

Therefore, if it is not clearly agreed in writing, the general counsels expect it to be challenged in a contract dispute in Vietnam.

4. Arbitration Clause Quality and Party Binding

Defective arbitration clauses are a major source of escalation in contract disputes in Vietnam.

Typical issues include:

• incorrect party names,
• references to affiliates instead of contracting entities,
• conflicting dispute resolution clauses.

Vietnamese courts could interpret arbitration clauses narrowly and literally.

For instance, a Vietnamese court refused to recognize arbitration jurisdiction where the clause named a parent company instead of the actual contracting party, even though the commercial relationship was clear.

Therefore, general counsels would note that arbitration clauses are not boilerplate

5. Contract Scope and Dispute Scope Alignment

Many contract disputes in Vietnam arise when tribunals are asked to decide matters outside the contract’s scope.

Examples include:

• reliance on side letters,
• NDAs not covered by the arbitration clause,
• claims based on improperly executed amendments.

Tribunal authority derives strictly from party consent.

For instance, in one annulment case in Vietnam, a court held that the tribunal exceeded its mandate by deciding issues not expressly submitted by the parties, even though the issues were commercially connected.

It is important for the general counsels to remember to align contract scope and dispute scope carefully.

6. Mandatory Vietnamese Law and Contract Legality

Some contract disputes in Vietnam arise because the contract violates mandatory law.

High risk areas include real estate, financial, banking and other conditional sectors.

Even a favorable arbitral award cannot legitimize illegality.

For instance, a court in Vietnam declined to support an arbitral outcome where the underlying contract involved an unlicensed business activity, holding that enforcement would violate fundamental legal principles.

Therefore, for general counsels, compliance review is part of contract governance, not a post dispute exercise.

7. Contract Amendments and Post-Signing Governance

Disputes often arise from what happens after signing.

Common issues include:

• amendments signed by unauthorized persons,
• side letters contradicting the main contract,
• informal email modifications.

Courts may question whether such changes were validly made.

Therefore, for general counsels, it is necessary to apply the same authority and execution standards to amendments as to the original contract.

8. Contract Execution and Documentary Integrity

In Vietnam, a contract must not only exist, it must be provable.

This is not about litigation evidence created later.

It concerns execution discipline from day one.

Weaknesses include:

• inconsistent language versions,
• missing annexes,
• poor document retention.

For instance, in Vietnam, a court questioned enforcement where the parties submitted inconsistent versions of the contract, with unsigned annexes and unclear signing sequences. The dispute shifted from breach to existence.

Therefore, for the general counsels, documentary integrity is a contract issue, not a litigation issue.

Step-by-step: Manage Contract Disputes in Vietnam

Step-by-step: Manage Contract Disputes in Vietnam

Step 1: Confirm the parties and the signing authority

• Verify the Vietnamese counterparty’s legal name, registration number, and legal representative.
• Decide who will sign on your side and whether a Power of Attorney is needed.

Step 2: Lock the commercial deal terms

• Scope of work.
• Acceptance criteria.
• Payment milestones.
• Delivery terms.

Step 3: Choose governing law and dispute resolution strategy early

• Governing law of the contract.
• Arbitration vs court; if arbitration, specify institution, seat, language, number of arbitrators.

Step 4: Draft the arbitration clause like it’s the most valuable paragraph

• Ensure the clause binds the correct entities
• Ensure it covers contract, non contract claims, side letters, and amendments.

Step 5: Check Vietnam mandatory law

• Conditional sectors, foreign exchange, payment flows, interest, penalties, data protection and privacy regulations if relevant.
• If something is sensitive, add compliance representations and a lawful performance clause.

Step 6: Control amendments and side communications

• Make sure no amendment unless in writing and signed by authorized representatives.

Step 7: Execute cleanly and preserve documentary integrity

• Signed signature pages, stamped where used, annexes initialed, signed.
• Consistent bilingual versions and specify which language prevails.
• Centralized storage, originals and signing evidence.

Step 8: Build a dispute ready record while the relationship is still friendly

• Delivery, acceptance records, change orders, meeting minutes, payment confirmations.

FAQ: Questions Relevant to Contract Disputes in Vietnam

Q1: What causes contract disputes in Vietnam most often?

Authority issues, unclear formation, weak arbitration clauses, amendment chaos, mandatory law conflicts, and poor documentary integrity.

Q2: Can we sign a contract by email or scanned PDF in Vietnam?

Often yes in practice, but enforceability depends on clear evidence of mutual consent and authority. For higher risk deals, use clean execution formalities and preserve a reliable signing trail.

Q3: If we performed the contract, can the other side still argue the contract is invalid?

Yes. In contract disputes in Vietnam, performance does not always cure defects in authority, formation, or mandatory legal requirements.

Q4: What is the number one signing mistake foreign companies make in Vietnam?

Letting a counterparty’s commercial head sign without verifying legal authority or a valid Power of Attorney.

Q5: Do we need a Power of Attorney for a foreign director or manager to sign?

If the signer is not the legal representative shown on the business registry, a Power of Attorney is typically needed.

Q6: Should we choose Vietnam law or foreign law as governing law?

It depends on value of contract, deal type, regulatory exposure, assets location, and enforcement strategy. If performance and assets are in Vietnam, Vietnam law may reduce friction; but many cross border deals choose foreign governing law with a Vietnam seat or offshore seat depending on risk tolerance and of course the cost of disputes in relation to the value of the contract.

Q7: Where should we seat the arbitration (Vietnam vs others)?

Vietnam seat can be efficient for Vietnam centric disputes but is more formalistic. In the region, Singapore and Hong Kong are benchmark pro-arbitration seats with strong non intervention traditions. Choose based on where enforcement will happen and how much court supervision you can accept. 

Q8: Do Vietnamese courts enforce arbitration awards?

Vietnam is a New York Convention state, and enforcement is available, but outcomes depend heavily on clean procedure and strong contract documents.

Q9: What makes an arbitration clause invalid or risky in Vietnam practice?

Wrong party names, conflicting clauses, unclear seat, institution, clauses hidden in unsigned documents, or lack of proof both parties agreed.

Q10: Can a side letter or email change the contract?

It can unless your contract does not allow it.

Conclusion: Contract Governance Is Dispute Strategy

In Vietnam, contract disputes are rarely won by arguments alone.

They are decided by preparation, formality, and discipline.

Strong contracts:

• reduce jurisdictional challenges,
• simplify arbitration,
• improve enforceability.

For foreign general counsels, mastering these eight contract matters is the most effective way to manage contract disputes in Vietnam.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/disputes/contract-disputes-in-vietnam-8-facts.html

Read More

Vietnam PIT Reform for Foreign Employees in 2026, What Benefits Expats Can Actually Feel?

  If you are a foreign expat in Vietnam with work permit, temporary residence card (TRC), employer sponsorship, you might be interested to learn about the new law on personal income tax (PIT) that impact your payslip.  You would also concern when this new law will become effective and whether you would take home less or more money, or you just want to make sure labour compliance is strictly followed by the company.

In here we continue the theme from our earlier post on the proposal on PIT changes, what was coming is now law, and the real question becomes how the Vietnam PIT reform for foreign employees shows up on a payslip, in payroll withholding, and at year end finalization, especially for higher income foreign professionals.

What the Vietnam PIT Reform for Foreign Employees Actually Changed

1. The amended PIT Law was passed on Dec 10th, 2025 and the main effective date is Jul 1st, 2026

Vietnam passed the amended Personal Income Tax law on Dec 10th, 2025, with effect from Jul 1st, 2026. 

2. Some salary or wage provisions apply from the 2026 tax period

The tax authority notes that certain provisions related to wages or salaries for tax resident individuals apply from the 2026 tax period.

3. Family deductions increase from Jan 1st, 2026

Resolution 110/2025/UBTVQH15 raises deductions to:

• VND 15.5m/month for the taxpayer
• VND 6.2m/month per dependent

Effective and applied from the 2026 tax period. 

4. The progressive schedule becomes simpler, and the 35% threshold shifts higher

From Jul 1st, the progressive PIT schedule moves from 7 brackets to 5, and the top 35% rate applies above VND 100m/month (instead of above VND 80m/month under current rules). 

A table illustrating Vietnam’s progressive personal income tax rates by income level

Why the Vietnam PIT Reform Matters More to High Incomers

High income expats feel the Vietnam PIT reform more because:

•       When income is high, even small payroll settings i.e. deductions, thresholds, benefit treatment can change withholding by millions per month.
•       High income packages usually include bonuses and benefits, which are exactly where classification mistakes happen.
•       The reform has split timing which parts apply from 2026 while a broader effective date arrives later, which increases the chance of payroll applying the wrong rule for months.
•       At high income, any mismatch becomes a cashflow issue now and a finalization headache later.

What the Vietnam PIT Reform Means in Real Life

Benefit 1: Higher deductions reduce taxable income every month

From the 2026 tax period, the family deduction rises to 15.5m/month for the taxpayer and 6.2m/month per dependent. 

For high income expats, deductions matter because they reduce taxable income at the top end of the progressive system, where your marginal rate is highest. This is the most visible part of the Vietnam PIT reform.

Benefit 2: Less of your income is taxed at the top rate (35% starts later)

The top PIT rate remains 35%, but the top band threshold shifts to above VND 100m/month (instead of above 80m/month). 

Even if you are well into the top band, the Vietnam PIT reform for foreign employees still helps because a slice of income that previously entered the 35% layer earlier is now taxed at the layer below first.

Benefit 3: Fewer brackets simplify

A 5 bracket structure is easier to implement consistently than a 7 bracket structure, especially for multinational payroll operations handling allowances, bonus cycles, and split month employment changes. 

This is an underrated advantage of the Vietnam PIT reform for foreign employees, which is stability.

Benefit 4: Dependents become a meaningful lever for long term expats

If you have settled in Vietnam with spouse, children, the dependent deduction increase can be material, but only if you register properly and on time. 

In practice, for many high income expats, the Vietnam PIT reform becomes real only when dependent files are appropriate.

What the Vietnam PIT Reform Means in Real Life

What Can Go Wrong for Expats

Here are the top high income expat risks under the Vietnam PIT reform for foreign employees:

Risk 1: timeline confusion leads to wrong withholding

• Main effective date: Jul 1st, 2026 
• Certain wage/salary rules for residents: applied from 2026 tax period 
• Deduction increase: Jul 1st, 2026 (2026 tax period) 

If payroll updates late, you might overpay for months and only recover or reconcile later. For high earners, that is not just a tax issue, it is a cashflow and trust issue. 

Risk 2: resident vs non-resident assumptions are left unverified

High income expats travel a lot. Resident or non-resident status changes the tax approach dramatically. The Vietnam PIT reform for foreign employees does not remove this risk, if anything, it makes it smarter to confirm your status rather than assume.

Risk 3: gross packages contain quiet taxable items

Senior expat packages often include housing support, education support, relocation benefits, flights, per diem structures, and one off awards. When these are not consistently classified and documented, year end finalization becomes painful, leading to lost trust and leading to potential labour disputes in Vietnam.

Risk 4: dependent deductions are missed in practice

The deduction amount is clear but the execution is not always. If dependent documentation is incomplete or delayed, the Vietnam PIT reform for foreign employees may not translate into reduced withholding during the year. 

Risk 5: not sufficient information

Payroll can apply rules, but payroll cannot guess:

• your travel days,
• your family status documentation,
• the tax classification of certain payments unless HR structures them correctly.

The information has to be updated accordingly, and document support is required to ensure the correct information is used.

Step by Step on Allowance and Benefits Stress Test

Step 1:  Inventory every benefit

Start with a simple list. If it shows up in your offer letter, HR policy, or payslip, even vaguely,  capture it.

Common expat benefits to list:

• Housing: rent, service apartment, utilities, agent fees
• Schooling: tuition, enrollment fees, school transport
• Travel: home leave, relocation flights, baggage, temporary accommodation
• Meals and transport: meal allowance, taxi, car allowance, driver
• Insurance: international health, life, accident
• Devices and work tools: laptop, phone, internet
• One-off items: sign-on bonus, settling-in allowance, relocation package

Step 2: What evidence you must keep

For each benefit, verify:

• Is it cash paid as allowance or in-kind which company pays directly?
• Does it need specific conditions to qualify for a favorable treatment?
• What are the minimum documents needed to defend the treatment?

Evidence checklist example:

• Written policy: company benefit policy, assignment letter, HR handbook excerpt
• Labour contract and appendix mentioning benefit terms.  If needing to review labour contract, do it now.
• Invoices and receipts with names, dates, service period
• Payment proof: bank transfer, reimbursement record

Step 3:  Fix weak documentation

Treat this like a compliance check, to correct or fix the following typical weak spots:

• Receipts without names or service period
• Payments made in cash with no trace
• Allowance paid as a lump sum with no policy basis
• School/housing paid by the employee but claimed informally
• Mixed personal vs business expenses

Fix actions:

• Ask HR for a benefits policy
• Convert informal benefits into formal payroll line items with descriptions
• Standardize invoices with named recipient, period, address for housing if relevant
• Create a simple benefit claim form for reimbursements

Step 4:  Decide the payroll reporting method

Benefits should be handled consistently, month to month.

Pick the method that fits your company’s system:

• Payroll included method: benefits appear clearly on payslip.  This is best for transparency
• Reimbursement method: strict claim and  documentation workflow
• Direct-payment method: company pays vendors and keep contracts, invoices centrally

Step 5:  Prepare for audits

Think of this explanation that HR, Finance, and the employee can all repeat without contradicting each other, including:

• Why the benefit exists: assignment support, employment package
• Who is eligible and under what conditions
• How it’s paid and documented
• Where it appears in payroll records
• Where evidence is stored and who owns it

FAQs: the Vietnam PIT Reform for Foreign Employees

1: Does the Vietnam PIT reform apply to foreigners or only Vietnamese citizens?

PIT rules apply based on taxpayer status and income conditions, not nationality. This is why the Vietnam PIT reform for foreign employees matters for expats.

2: When do I feel the change, January 2026 or July 2026?

Both can be true:

• Deduction increases apply from Jul 1st, 2026 for the 2026 tax period. 
• The amended PIT Law is effective from Jul 1st,2026, and some wage/salary provisions are applied from the 2026 tax period. 

This split timing is the reason the Vietnam PIT reform for foreign employees causes confusion in office chats.

3: What are the new deduction levels?

• Taxpayer: VND 15.5m/month
• Dependent: VND 6.2m/month

From the 2026 tax period. 

4. Does the top rate change under the Vietnam PIT reform?

The top rate remains 35%, but the threshold shifts to above VND 100m/month under the new schedule. 

5. I’m a high earner. Do deductions still matter?

Yes. High earners often benefit more from deductions because they reduce taxable income at higher marginal rates. Under the Vietnam PIT reform for foreign employees, higher deductions are one of the most practical benefits.

6. What’s the most common mistake for expats?

Assuming payroll can apply benefits and deductions without correct personal facts and documentation. Under the Vietnam PIT reform, documentation is the bridge.

7. Why do dependents matter so much in expat conversations?

Because the deduction is monthly and recurring, but the paperwork can be cross border and time consuming.

8. Can I wait to year end to reconcile?

Year end finalization may correct totals, but high income expats usually care about predictable monthly net pay and avoiding surprises. With deduction changes effective from Jul 1st,2026 for the 2026 tax period, it is reasonable to ask how monthly withholding reflects the Vietnam PIT reform for foreign employees. 

9. What about the 5 brackets instead of 7 change?

It is designed to simplify and widen bracket ranges, reducing friction and implementation complexity. It becomes effective from Jul 1st, 2026 in summaries of the amended law. 

Conclusion

If you are a long term foreign expat, the Vietnam PIT reform for foreign employees is not just about paying a bit less or a bit more. To prepare for 2026 tax finalization, for high income professionals, the best outcome for applying the PIT reform right is simple, which are predictable tax, documented facts, and no surprises.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/vietnam-pit-reform-for-foreign-employees.html

Read More

10 Practical Lessons Anti Dumping Law Firms in Vietnam Rely On When Cases Get Serious

  Anti-dumping investigations in Vietnam almost never happen in isolation. By the time a case is opened, the exporter is usually already working with a law firm in its home country on trade strategy, previous investigations elsewhere, and broader market risks.

When Vietnam initiates proceedings, one more piece is added to that possible arrangement. We have seen that, the client turns to their existing advisers in their home country and asks what this new investigation means in practice. Then, the foreign counsel turns to their affiliate anti dumping law firms in Vietnam, dealing with a different set of procedures, short deadlines, and data that is not always ready for scrutiny. 

10 Practical Lessons Anti Dumping Law Firms in Vietnam Rely On When Cases Get Serious

In this article, we draw on our experience as anti dumping law firms in Vietnam to set out ten practical lessons we rely on when cases become serious, and suggest how cooperation can be structured so that your client’s defence is more coordinated, realistic, and effective.

Key Takeaways for Foreign Lawyers

• Anti-dumping in Vietnam is a structured legal process with strict timelines.
• Vietnamese counsel should focus on law, procedure, and reasoning; client and their accountants must own the numbers.
• No firm can guarantee a zero or token duty, but a coordinated approach can avoid worst case adverse facts outcomes.
• Clear role splitting between foreign counsel, anti dumping law firms in Vietnam, and the client’s finance team makes investigations more predictable and less painful.

Dumping is a Methodology

For many clients, being accused of dumping sounds like being accused of doing something improper or unfair in the market. Legally, the concept is much narrower and more technical than that.

In Vietnamese practice, as in other WTO members, dumping is about how prices are compared:

• The export price to Vietnam
• The “normal value” (usually the home-market price, or a constructed value based on cost and profit)

If the export price is lower on a comparable basis, and the method fits the rules, a dumping margin appears.

When anti dumping law firms in Vietnam look at a new case, we first rebuild that comparison clearly from investigation period, product scope, types of sales, and relevant adjustments. That shared understanding with foreign counsel is the starting point for any serious strategy.

Measures Follow Injury and Causation

Many exporters assume that if they can show their price is fair or commercially justified, they should be safe. Unfortunately, anti-dumping law does not work on subjective fairness.

Vietnamese authorities must consider three elements:

1. Dumping, a margin calculated by defined methods.
2. Material injury, real impact on domestic industry which are profits, capacity, market share, employment, etc.
3. Causal link, which dumped imports must be a significant cause of that injury.

In practice, anti dumping law firms in Vietnam spend significant time on the injury story:

• What is happening to Vietnamese producers?
• Are there other major reasons for their difficulties?
• Is the authority attributing too much to dumped imports?

When foreign and Vietnamese counsel align early on this bigger picture, we can jointly shape a more coherent narrative instead of arguing only about the margin percentage.

The Investigation As a Legal Procedure

From a distance, some clients see trade remedies that can be handled mainly through informal channels. Once a case is opened, it becomes a structured legal procedure.

A typical Vietnamese anti-dumping case will involve:

• A formal notice of initiation
• Registration of interested parties
• Detailed questionnaires
• On-site verification of data
• Provisional and final determinations
• Possible reviews and appeals

Deadlines are short and formalities matter. If submissions are incomplete or late, the authority may rely on best information available, which almost always results in higher duties.

One of the core roles of anti dumping law firms in Vietnam is to keep that procedure under control including registering parties, marking confidentiality correctly, meeting deadlines, and making sure the client’s position is properly on record.

Accept that Local Counsel Cannot Rewrite the Rules

Foreign lawyers sometimes ask, very reasonably, whether anti dumping law firms in Vietnam can:

• Extend certain deadlines in practice
• Narrow the product scope informally
• Convince the authority to change its basic methodology

In reality, we are working inside a fixed legal and regulatory framework. We can:

• Request reasonable extensions permitted by law
• Argue that certain product types should be excluded based on objective criteria
• Challenge the way the authority has applied its methods in a specific case

But we cannot promise to change the underlying rules or turn a complex, statutory process into a purely negotiated outcome. When this is explained clearly at the start, it sets expectations realistically for everyone, including the board and business teams.

Law Firms Should Not Act As the Client’s Accountants

This is one of the most practical points for cooperation.

In many cross-border cases, clients or foreign lawyers initially ask anti dumping law firms in Vietnam to calculate the dumping margin so they know their exposure. That is understandable, but it is not the right role for us.

The dumping margin sits on top of the client’s internal accounting:

• Cost structures and overhead allocations
• Domestic and export sales data
• Discounts, rebates, commissions, and credit terms
• Related-party transactions

Only the client’s finance team, or an independent accounting or consulting expert who understands that system, can safely build those numbers. If the law firm becomes the primary author of the margin calculation, it blurs roles and may reduce credibility at verification.

The better division of labour is:

• Client and the accountants or financial consultants produce complete, reconciled data from the systems.
• Anti dumping law firms in Vietnam would test whether the methods used align with the legal framework, check internal consistency, and explain to the authority why certain adjustments or approaches are justified.

Foreign counsel can support this separation by arranging, from the start, that someone on the client side is clearly responsible for the numbers, while the Vietnamese firm leads on law, process, and reasoning.

No One Can Guarantee a Low Duty

In anti-dumping, certainty is rare. Even with full cooperation, strong documentation, and a careful defence, the client may still face:

• A positive dumping margin
• Material injury findings
• Duties that affect their business model

Professional anti dumping law firms in Vietnam will not guarantee outcomes. What we can do is:

• Steer the case away from worst case adverse facts scenarios
• Ensure that the authority is required to justify its reasoning
• Preserve options for review and appeal

Foreign counsel can be very helpful by framing the case internally as risk management, not as a yes or no litigation bet. That framing makes it easier to invest in proper data work and documentation, even if the final duty is not zero.

Weak Data Cannot Be Saved by Strong Advocacy

This is usually the most difficult message to deliver. If a client’s data is fragmented, inconsistent, or simply missing, anti dumping law firms in Vietnam will do what we can:

• Reconcile what exists
• Explain anomalies
• Propose reasonable, rule based ways to handle gaps

But we cannot turn poor records into a robust evidentiary base. If sales do not tie to ledgers, if related party pricing is undocumented, or if discounts exist only in emails and memory, the legal defence will always be constrained.

Foreign lawyers are often better placed than local counsel to push clients early on:

• Cleaning up data extraction
• Assigning serious internal resources
• Accepting that anti-dumping is as much about accounting discipline as legal argument

When that push comes from both sides, results are almost always better.

Build a Joint Structure

The early phase of a case sets the tone. The most effective collaborations between foreign counsel and anti dumping law firms in Vietnam usually share some common features.

On the side of foreign counsel:

• Explain the client’s group structure, decision making chain, and any parallel cases in other jurisdictions.
• Clarify who has authority to approve positions that may affect other countries.
• Help the client understand that Vietnam’s case cannot be treated in isolation if other markets are watching.

On the Vietnamese side:

• Map the initiation notice: products, period, alleged dumping and injury.
• Highlight immediate deadlines and registration steps.
• Break down questionnaires into practical data tasks for finance, sales, logistics.

Instead of handling each request reactively, the goal in those first weeks is to build a case team and a shared calendar. Once that is in place, everything else is easier.

During Questionnaires and Verification

As the case progresses into questionnaires and verification visits, workload and pressure increase. This is where a clear cooperation model pays off.

A typical role split that works well:

1. Client and accountants or financial consultants

• Prepare transaction level data in the formats requested by the authority.
• Reconcile those figures to audited financial statements and ledgers.
• Document how discounts, rebates, and related-party terms actually work in practice.

2. Anti dumping law firms in Vietnam

• Review whether the data set is complete from a legal point of view.
• Check for obvious internal contradictions or unexplained gaps.
• Draft the written explanations and narratives that accompany the data.
• Prepare the client for verification: what officials will look for, how documents should be presented, and how to answer questions without over- or under-stating.

3. Foreign counsel

• Keep the client’s global exposure and parallel investigations in view.
• Ensure that positions taken in Vietnam do not contradict arguments filed elsewhere.
• Translate technical developments into language that the board and business teams can act on.

When everyone stays in their lane but shares information openly, the client experiences a coordinated team.

After Provisional Findings

Once provisional duties are announced, many internal discussions narrow to one question on what will the final margin be.

Realistically, neither foreign counsel nor anti dumping law firms in Vietnam can give a precise answer at that point. What we can do together is work through scenarios:

• If the authority accepts certain methodology changes, what duty range becomes plausible?
• If it maintains its current approach, can the business model absorb the duties, or does production or pricing need to change?
• Is it worth preparing for review or appeal, and what evidence would be needed?

This is where foreign and Vietnamese firms can add the most strategic value together including linking legal options to commercial decisions on markets, contracts, and supply chains. The conversation becomes like what each scenario mean for us, and how do we prepare rather than what the exact number today is.

Questions Foreign Lawyers Often Ask Anti Dumping Law Firms in Vietnam

Q1: Can the Vietnamese firm act as both legal counsel and economic expert?

Vietnamese firms can handle the legal and procedural framework, and they can discuss methodology at a high level. For credibility and accuracy, it is usually better if detailed calculations are produced by the client and their accounting or economic experts. The Vietnamese firm then tests those calculations against the legal rules.

Q2: When is the right time to involve a Vietnamese trade remedy firm?

Ideally before any case starts, especially if your client’s sector is already facing investigations elsewhere. In practice, many instructions arrive only after initiation. Even then, engaging anti dumping law firms in Vietnam early in the process, within the first few weeks makes a real difference to organisation, deadlines, and the quality of submissions.

Q3: Does it still make sense to invest in a defence if the sector is sensitive?

Often yes. Even in sensitive sectors, a structured, cooperative defence can reduce duties, avoid extreme adverse facts margins, and preserve room for reviews or appeals. Sometimes the result is not a complete win, but a managed outcome that keeps the Vietnamese market viable.

Q4: How can we make future cooperation smoother?

From experience, future work with anti dumping law firms in Vietnam is much easier when:

• The client has invested in cleaner, more accessible data.
• Internal roles, legal, finance, logistics are defined in advance for trade remedy cases.
• Foreign counsel and Vietnamese counsel have a clear channel for exchanging drafts and aligning positions across countries.

An early, honest discussion helps a lot.

Conclusion

For foreign lawyers, Vietnam is often one piece of a larger trade remedy cooperation. For anti dumping law firms in Vietnam, the client’s case is grounded in local law and procedure but connected to global strategy.

The most successful outcomes happen when our relationship is a partnership, which the foreign counsel bring global context and client history. The local firms bring in local rules, practice, and procedural discipline. The client provides data and commercial reality.

If we are clear about what each side can and cannot do, especially about the limits of law firms on calculating margins and guaranteeing outcomes, then when cases get serious, we are all pulling in the same direction for the client.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/10-practical-lessons-anti-dumping-law-firms-in-vietnam.html

Read More