SETTLEMENT OF PROPERTY DISPUTE FOR FOREIGNERS IN VIETNAM

I. The common types of disputes on property as follows:

  1. Disputes over who is entitled to own property;

  2. Disputes over the common property of spouses after divorce;

  3. Disputes on inherit property,

  4. Dispute on common property;

  5. Disputes on assets attached to land;

  6. Disputes on collateral assets.

II. The order and procedures for settling property disputes

In the process of resolving civil disputes, it often has stages: Stage before the lawsuit (pre-legal proceedings), the period involved in the proceedings (and the Court has accepted handling the case) and phase of civil law enforcement.

  1. In the pre-litigation stage, when receiving a client's requests, Lawyers in resolving civil dispute will have to determine whether the applicant's request of any legal relations, including civil disputes under jurisdiction of court decisions. Or else by a competent authority addressed. That case be sued or not? If suing, how is the procedure? Is the statute of limitations valid or not?

  2. If the parties decide to file a lawsuit in the Court, that means the starting stage of the proceedings at the Court: Lawyers of resolving civil dispute will guide clients in drafting a petition for the Court to accept petition, collect evidence and submit evidence to the court, the court is  suggested to collect evidence which the parties did not keep; guiding to the parties to  establish the self-declaration, the report to clarify the content of dispute of the case, conduct of the mediation process, confrontation .... Lawyer petitions Court conducting the proceedings which may be necessary to clarify the content of dispute of the case ....

  3. At the trial of the case, the lawyer protecting the rights and legal benefits to the person concerned will exercise the rights of arguments at the trial to protect the rights and benefits for their clients and clarify the truths of the case. 

  4. At the stage of law enforcement: Lawyers advise or represent clients enforcement procedures, draft applications for enforcement, search, verify assets for enforcement of judgments, require the law enforcement agency to apply coercive measures, prevent the trading of assets to help enforcement with the best result.

LVT Lawyers with a team of lawyers with many years of experience in resolving property disputes for foreign individuals and foreign companies in Vietnam. With enthusiasm and dedication in work, we are committed. We always put the interests of clients on top to fit the motto "Our service, your success". LVT Lawyers provide legal services in resolving property dispute through the following tasks:

  • Consulting on how to deal with disputes, the dispute settlement procedures in accordance with regulations of law.

  • Guiding and advising clients the lawsuit procedures, conditions of lawsuit to the competent court.

  • Drafting applications, requests and other relevant documents to clients;

  • Conducting to gather evidence - documents, examination and assessment of the evidence - documents to be submitted before the Court;

  • Making specific plans most beneficial during negotiation, mediation (if any);

  • Participating in the proceedings as a defense attorney, to protect the rights and legitimate interests in court for clients at all levels;

  • Participating in legal proceedings as authorized representative of the client to perform all the measures and the manners prescribed by law to protect the legitimate rights and interests of the client in the best way at the court level.

  • Implementing procedures for enforcement: verifying conditions for law enforcement, requiring the application of preventive measures to ensure assets for law enforcement, requiring enforcement of judgment ...