10 Critical Insights Into Cease and Desist Letters in Vietnam That Could Save Your Business

  Imagine the situation you’re running a successful business in Vietnam, and everything seems to be going well. Suddenly, you discover that your intellectual property is being exploited, your business reputation is under attack, or your contract terms are blatantly ignored.

The frustration, the anger, and the sense of betrayal can be overwhelming. As a foreigner navigating a new legal and cultural environment, you might feel powerless. But there is a powerful tool at your disposal: cease and desist letters in Vietnam. Understanding how to wield this tool can mean the difference between protecting your business or watching it crumble.

The Power of Cease and Desist Letters in Vietnam

In here, we explore the intricacies of cease and desist letters in Vietnam, providing foreigners with a detailed roadmap to safeguard their rights. Whether you’re dealing with copyright infringements, defamation, or breaches of contract, this guide will empower you with actionable insights to take control of the situation.

The Power of Cease and Desist Letters in Vietnam

A cease and desist letter is more than just a legal document; it’s a formal assertion of your rights. In Vietnam, where the legal landscape can be daunting for foreigners, cease and desist letters offer a strategic, non-litigious way to address disputes.

What Makes Cease and Desist Letters in Vietnam Unique?

Cease and desist letters in Vietnam are not explicitly defined in law. Instead, they function as a pre-litigation tool to demand that the offending party stop infringing activities. The informal yet impactful nature of these letters makes them a preferred choice for resolving disputes before resorting to administrative complaints or lawsuits.

Key reasons why cease and desist letters in Vietnam are impactful:

1.Cultural Nuances: The directness of a legal notice carries weight in Vietnam, often prompting compliance to avoid public disputes.

2.Efficiency: These letters can save time and resources compared to formal legal actions.

3.Legal Leverage: A well-drafted letter demonstrates seriousness and readiness for escalation, compelling the recipient to act.

Top Scenarios Where Cease and Desist Letters in Vietnam Are Used

Foreign businesses in Vietnam commonly face scenarios where cease and desist letters become indispensable. Let’s dive into the most frequent cases:

1.Intellectual Property Infringement

• Vietnam has strengthened its IP laws, but enforcement can be challenging. Counterfeit goods, unauthorized use of trademarks, and copyright violations are rampant.
• Example: A foreign fashion brand discovers counterfeit versions of its products in local markets. A cease and desist letter can serve as the first step to curbing such activities.

2.Defamation and Reputation Damage

• Social media and online platforms are significant in Vietnam. False reviews or defamatory posts can harm businesses.
• Example: A hotel chain receives a barrage of negative fake reviews from a competitor. A cease and desist letter can demand the removal of such content.

3.Breach of Contract

• Contracts in Vietnam may not always be honored, especially in complex business arrangements.
• Example: A foreign investor finds that a local partner has diverted funds. A cease and desist letter can formally demand compliance with the contract.

4.Employment Disputes

• Employers may face challenges with employees violating non-compete clauses or confidentiality agreements.
• Example: A former employee starts a competing business using trade secrets. A cease and desist letter can demand cessation of these activities.

Drafting an Effective Cease and Desist Letter in Vietnam

Creating an effective cease and desist letter in Vietnam requires a nuanced understanding of the legal framework and cultural considerations. Here’s a step-by-step guide:

1. Understand the Legal Basis

• Clearly identify the laws or contract clauses being violated. For instance:
• Intellectual Property Law (e.g., copyright, trademark protection).
• Civil Code provisions for defamation or breach of contract.

2. State the Facts Clearly

• Detail the infringing activity with evidence. For example, attach screenshots, photos, or signed agreements to substantiate your claim.

3. Demand Specific Actions

• Outline the exact steps the recipient must take to comply. Example:
• “Cease all production and sale of counterfeit products bearing the trademark [Brand Name].”
• “Remove defamatory posts within 7 days of receiving this letter.”

4. Set a Deadline

• Specify a reasonable timeframe for compliance, typically 7-14 days.

5. Outline Consequences of Non-Compliance

• Warn of further action, such as legal proceedings or administrative complaints, if demands are not met.

6. Ensure Proper Delivery

• Send the letter via registered mail or hand-delivery with acknowledgment to ensure proof of receipt.

The Psychological Impact of Cease and Desist Letters in Vietnam

One overlooked aspect of cease and desist letters in Vietnam is their psychological impact. In a culture where face-saving is important, the threat of legal action can motivate parties to settle disputes quietly. However, the tone of the letter must balance firmness with professionalism to avoid escalating tensions.

Challenges and Pitfalls to Avoid

While cease and desist letters in Vietnam are effective, they are not without challenges:

1. Non-Compliance: Some parties may ignore the letter, requiring escalation to legal action.
2. Backlash: Aggressively worded letters can damage relationships or provoke retaliatory actions.
3. Cultural Missteps: Overly direct or confrontational language may not resonate in Vietnam’s business culture.

Legal Alternatives to Cease and Desist Letters in Vietnam

If a cease and desist letter fails, several legal avenues are available:

• Administrative Complaints: File complaints with agencies like the Ministry of Science and Technology (for IP issues).
• Civil Lawsuits: Pursue litigation in Vietnamese courts.
• Mediation or Arbitration: Use these mechanisms if stipulated in a contract.

Case Study: A Foreign Startup’s Victory with Cease and Desist Letters in Vietnam

A foreign tech startup operating in Vietnam faced a serious challenge when a local competitor cloned its app and launched a competing service. Instead of immediately resorting to litigation, the startup’s legal team issued a well-drafted cease and desist letter. The letter:

• Cited specific violations of Vietnam’s Intellectual Property Law.
• Included evidence of the infringement.
• Demanded the immediate cessation of app operations.
• Warned of legal consequences.

The competitor complied within the 14-day deadline, saving the startup significant legal costs and preserving its market position.

Final Thoughts: Why Consider Cease and Desist Letters in Vietnam

For foreigners doing business in Vietnam, understanding the power of cease and desist letters in Vietnam is essential. These letters are not just a legal tool but a strategic weapon to protect your rights, build credibility, and navigate the complexities of Vietnam’s legal and cultural landscape.

Whether you’re facing intellectual property theft, defamation, or contractual breaches, taking swift and decisive action through a cease and desist letter can safeguard your business interests. But remember, the key to success lies in precision, professionalism, and cultural awareness.

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/ip/cease-and-desist-letters-in-vietnam-10-points.html

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International Mediation Writing Competition 2025 in Vietnam

  

INTERNATIONAL MEDIATION WRITING COMPETITION 2025

The Weinstein International Foundation based in the United States, in collaboration with ANT Lawyers – International Law Firm in Vietnam and the VEMC – Vietnam Effective Commercial Mediation Center, is pleased to announce that the International Mediation Writing Competition will be held for the second time in Vietnam in this Fall 2025, with the following information:

PARTICIPANTS

The competition is open to all full-time enrolled law students who are not yet qualified, practicing lawyers, from law schools located in Vietnam, with the highest level of undergraduate, have no age limitation.

OBJECTIVES AND HOW TO PARTICIPATE

The competition is intended to increase student interest in mediation, enhance the skill level of advocates in the mediation process and to raise the level of quality for the written memoranda (“Memo”) submitted prior to mediation.

Law students are invited to write a mediation memorandum on behalf of a client who is preparing to participate in the mediation of a litigated dispute.

CLICK BELOW NOW

FILL REGISTRATION FORM

DOWNLOAD MATERIALS

STRUCTURE

1.The memo needs to meet the following criteria:

a. Write in English

b. The length must not exceed 2,500 words (including appendices, notes, reference lists, tables, etc.), and should include: (i) an Open Section minimum 1,500 words intended to share with the other party as well as with the mediator; and (ii) a Closed Section maximum 1,000 words to be kept confidential between their side and the mediator.

c. Word Text Format

d. Use the Times New Roman font and the minimum font size is 12.

The spacing between the lines is “double”

2.The memo must be made by the author and has not been previously released in any form.

3.Each student is only allowed to participate once

4.Each memo, when submitted, must contain the following information:

a. Name

b. Email

c. Telephone number

d. Universities, majors, year of study

5. Email includes 2 files, 01 Memo file and 01 cover file which has full personal information of author. The entry will be given a unique identifier, and the cover will be removed before being submitted to the judges.

6.The memo must not contain any information that can identify the author.

PRIZES

The competition’s top submission will be awarded a cash prize of up to $1,000 USD, in recognition of the student’s legal writing and mediation competency

OTHER BENEFITS

Participants will be able to join the Webinars conducted by international mediation experts of Weinstein International Foundation and Vietnam, and to gain knowledge and skills to be future mediation lawyers in Vietnam.

Participants will be connected to a global student network within the framework of this competition organized by Weinstein International Foundation, opening up many opportunities for global learning exchanges in the future.

CRITERIA

The memo is graded based on the following 09 criteria:

1. Summary of Facts
2. Use of Law
3. Persuasiveness
4. Invitation to Negotiate
5. Negotiation History
6. Assessment of Obstacles
7. Proposes Mediator Strategies
8. Breakdown between Open and Closed
9. Quality of Writing

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/imwc25.html

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Labour Compliance Law Firm in Vietnam: 5 Right Ways to Prevent Legal Trouble and Protect Your People

  Businesses in Vietnam can manage wage disputes, dismissals, and workplace issues more effectively by working closely with a labour compliance law firm to ensure everything aligns with legal requirements.

Why Not Complying Would Cost Money?

Mistakes in labour compliance can cost more than money. They can ruin reputations, damage workplace culture, and trigger lawsuits that drag on for months. Many companies in Vietnam, especially foreign-invested ones believe basic contracts and payroll software are enough. But when things go wrong, they quickly discover just how complex Vietnam’s labour laws truly are.

From wrongful dismissal to wage complaints, workplace discrimination to procedural violations, labour disputes are rising. These are not just “HR matters” anymore. They are legal landmines.

A labour compliance law firm in Vietnam plays a key role in helping businesses avoid these traps and build safer, fairer workplaces. With the right legal support, companies can prevent conflicts, protect their employees, and keep their operations smooth and secure.

Let us explore how the right partner can help you stay ahead.

Labour Compliance Is No Longer Optional in Vietnam

Vietnam’s labour law is evolving. Employers must comply not only with the Labour Code but also with circulars, decrees, and local enforcement practices. The government has tightened inspections. Employees are more aware of their rights. And social media gives every labour dispute the potential to go viral.

Yet many companies still take compliance lightly. They delegate it entirely to HR without legal oversight. They assume that labour contracts and payroll records are enough. But when things go wrong, especially in disputes over termination, wages, or discrimination and these assumptions fall apart.

One misstep in a disciplinary procedure. One missed deadline in paying wages. One unfair termination without cause or consultation. And suddenly, the company is in court, or worse, on the news.

This is where a labour compliance law firm steps in. Not only to fix the problems, but to help you prevent them in the first place.

5 Right Ways to Prevent Legal Trouble and Protect Your People

How a Labour Compliance Law Firm in Vietnam Protects Your Business

A good labour compliance law firm does much more than handle lawsuits. It is your partner in building a workplace that is legally sound and practically safe.

It can help you:

• Prevent wage disputes by aligning payroll, contracts, and labor law.
• Avoid unfair dismissal claims by ensuring legal grounds and proper process.
• Investigate and resolve workplace discrimination complaints legally and fairly.
• Ensure disciplinary procedures comply with the law to avoid reinstatement or penalties.
• Train HR and management teams to spot risks before they explode.

In short, it helps you operate with confidence, knowing that your business is protected and your people are respected.

What Can Go Wrong Without Legal Help

Let us look at a few common cases that labour compliance law firms regularly handle.

Wage Disputes Spiral Into Lawsuits

A company failed to pay performance bonuses on time. The employee filed a complaint. The inspector found irregularities in how overtime and allowances were calculated. The company had to pay damages and back wages, plus face reputational harm. If a labour compliance law firm in Vietnam had reviewed their payroll policy earlier, the issue could have been prevented.

Unfair Dismissal Leads to Reinstatement Orders

A firm terminated a worker for misconduct. However, the dismissal decision was issued without giving the employee a proper opportunity to respond. The court ordered reinstatement and compensation. Had the firm consulted a labour compliance law firm before taking action, the disciplinary process could have been handled properly.

Discrimination Complaints Damage Reputation

A female employee was repeatedly passed over for promotion. She alleged gender discrimination. The company had no clear promotion policy, and no internal investigation mechanism. The case reached the media. A labour compliance law firm could have helped establish fair policies and resolve the matter internally.

These are not rare cases. They are real risks. And they are entirely avoidable.

Legal Tools a Labour Compliance Law Firm in Vietnam Brings to the Table

Here is what a labour compliance law firm in Vietnam actually does to reduce legal exposure and build strong internal systems:

Wage Compliance Audits

• Review of salary structure, allowances, bonus schemes.
• Ensuring payment timelines meet legal deadlines.
• Overtime calculation alignment with labor laws.
• Handling of wage deduction issues.

Termination Risk Assessment

• Legal review of dismissal grounds (performance, restructuring, misconduct).
• Advice on required documents, timelines, and procedures.
• Representation in post-dismissal negotiations or dispute resolution.

Discrimination Policy Design

• Drafting anti-discrimination clauses in internal regulations.
• Investigating discrimination claims.
• Designing fair performance appraisal and promotion systems.

Disciplinary Procedure Compliance

• Preparing lawful internal rules and discipline codes.
• Guiding HR on notices, hearings, union consultation.
• Ensuring evidence is documented and lawful.

HR & Management Training

• Annual labour law updates.
• Workshops on handling complaints and workplace conflict.
• Compliance culture building from top down.

These services are preventive. They are not just legal, they are practical. And they make business sense.

Act Before Problems Begin

Too many companies contact a labour compliance law firm only when trouble strikes. By then, it is often too late to avoid damage. Contracts are already flawed. Processes are already breached. Decisions are already challenged.

But those who seek legal guidance early build systems that work. They empower HR, protect managers, and treat workers fairly, all within the framework of the law.

If you are serious about growing your business in Vietnam, do not leave labour compliance to chance. Partner with a labour compliance law firm that knows the law, understands business, and helps you get it right.

Step-by-Step Guide: How to Work with a Labour Compliance Law Firm

Step 1: Initial Legal Audit

Start with a complete review of your labour contracts, payroll policies, disciplinary procedures, and internal regulations.

Step 2: Identify Risk Areas

The firm will highlight compliance gaps, outdated clauses, or problematic practices.

Step 3: Implement Corrective Action

Update documents, train managers, and roll out new HR procedures under legal supervision.

Step 4: Build Ongoing Support

Set up a retainer or legal hotline for on-demand support when disputes or confusion arise.

Step 5: Monitor Legal Developments

Labour law is changing fast. Get quarterly updates and policy reviews to stay current.

Frequently Asked Questions (FAQ)

Q1. What kind of companies need a labour compliance law firm in Vietnam?

Any company with employees whether domestic or foreign-owned should consider working with a labour compliance law firm. This includes manufacturers, tech firms, services companies, and more. The more employees you have, the greater the risk of disputes.

Q2. When should we contact a law firm, before or after a problem?

Before. Early legal support helps prevent costly mistakes. Once a dispute begins, your options are more limited, and your costs are higher.

Q3. How does a labour compliance law firm differ from an internal HR department?

An HR department manages people and operations. A labour compliance law firm provides legal expertise, helps with risk assessment, and ensures your policies comply with law. They work together, not in competition.

Q4. Are Vietnamese labour laws the same everywhere?

While national laws apply uniformly, enforcement and inspection practices may vary by province. A labour compliance law firm can help you navigate these differences.

Q5. Can the same firm represent us in court if needed?

Yes. Most labour compliance law firms also handle dispute resolution and litigation. They can represent you in mediation, arbitration, or labour court.

Smart Prevention Beats Costly Reaction

Labour compliance is not about ticking boxes. It is about protecting your people, your business, and your future.

Vietnam’s labour landscape is shifting. The risks are real, but the solutions are clear.

Partnering with a labour compliance law firm can save you money, time, and reputation. It is an investment in peace of mind, and a foundation for growth.

Take the smart step. Review your compliance today.

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/labour-compliance-law-firm-in-vietnam-5.html

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Virtual Goods Regulation in Vietnam: 5 Hidden Traps That Impact Your Platforms

  Digital goods fuel innovations but the laws are catching up in the virtual economies.

Vietnam’s digital economy is growing fast. More apps are offering digital rewards, in-app purchases, and monetized gifts. But behind the excitement, a new law is changing the rules. Platforms that fail to prepare may find themselves blocked.

The challenge lies in a misunderstood legal space: virtual goods regulation in Vietnam. While developers focus on user experience, Vietnamese authorities are now watching the virtual economy with closer eyes. The law defines, classifies, and supervises digital items with real world value.

If your business involves in-app credits, gifting tools, or user-generated rewards,  you would need to watch and avoid five mistakes and stay legally safe under the virtual goods regulation in Vietnam.

Why Virtual Goods Suddenly Matter in Vietnam

For years, Vietnam allowed digital platforms to operate in a legal gray zone. Apps distributed across borders. Payments flowed freely. No one asked tough questions about how virtual items were created, sold, or exchanged.

Then came the Vietnam law on digital technology industry, a major legal reform that takes effect on January 1, 2026. This law defines what virtual goods are, who can distribute them, and how platforms must operate.

Now, virtual items are not just game stuff anymore. They are legally recognized assets. That means they come with obligations.

This shift is not just a local issue. Any platform that allows Vietnamese users to top up credits, send gifts, or receive monetized rewards must comply with these rules under virtual goods regulation in Vietnam.

Virtual Goods Regulation in Vietnam

What You Would Need To Know?

In here, we will break down the five most common traps foreign platforms fall into when dealing with virtual goods regulation in Vietnam, being:

• What qualifies as a virtual good
• Why digital features may require licensing
• How payment flows trigger compliance
• What sandbox approvals mean and when you need them
• How to structure agreements with Vietnamese resellers

We will then go through a step-by-step guide on virtual goods regulation in Vietnam and FAQ to help your team navigate the new law that details virtual goods regulation in Vietnam. Whether you are a developer, legal counsel, or CEO, this gives you some ideas toward compliance in operations in Vietnam.

What Virtual Goods Look Like in Real Life

Look into your platform that allow:

• Users buy “gems” to unlock features in a game
• Viewers tip livestreamers using “stars”
• Fans send “gifts” to content creators
• Users earn “tokens” that convert to cash

All of these would count as virtual goods under the new legal framework.

What makes this complex is how the goods interact. One digital item may be purchased with real money, another may be earned, a third might be traded or redeemed. When these virtual units affect user spending or income, they become legally significant.

It is no longer about code. It is about currency, tax, and compliance.

The 5 Legal Traps You Must Avoid Under Virtual GoodsRegulation in Vietnam

Trap 1: Assuming virtual goods are unregulated

The Vietnam law on digital technology industry defines virtual goods as any digital items with transactional value. If your platform sells or allows the resale of digital units, even indirectly, you must comply under the virtual goods regulation in Vietnam.

Do not assume that this game is only about entertainment or not withdrawable nature that you can get away without being subject to enforcement. The law looks at economic function, not just technical design under the virtual goods regulation in Vietnam.

Trap 2: Using unlicensed payment channels

Many platforms rely on resellers or corporate top-up agents. In Vietnam, this model may be flagged if the agreement involves virtual goods but lacks clear tax treatment or legal purpose under the virtual goods regulation in Vietnam.

Bank transfers oversea have been denied because platforms could not explain what the payments were for. If your distributor agreement is vague, it may block funds.

Trap 3: Ignoring consumer rights and refund rules

Vietnamese law protects users who purchase or lose digital items. If a user buys credits and does not receive them due to a technical issue, or if a gift is wrongly transferred, your platform may be liable.

Under virtual goods regulation in Vietnam, platforms must adopt clear policies for user complaints, refunds, and lost assets. Ignoring these can lead to investigation.

Trap 4: Misunderstanding What Counts as a Virtual Goods

Many platforms presume their “gifts” are just emojis or icons. But Vietnamese regulators are focusing on function over form. Under virtual goods regulation in Vietnam, if the item represents value, it is treated like a digital asset, even if the platform calls it something playful.

Trap 5: Overlooking reseller compliance

If your platform signs contracts with Vietnamese entities to distribute digital units (e.g., top-up partners or local agents), those contracts must be reviewed to reflect local law.

If the reseller can not prove legal use of funds or purpose of transaction, Vietnamese banks may reject transfers. That affects your cash flow, and your reseller relationships.

Every agreement should define:

• The type of virtual goods involved
• Purpose of the transaction
• Pricing model (fixed or flexible)
• Restrictions on resale or refunds

Step-by-Step Guide to Stay Compliant

Step 1: Map all virtual goods used on your platform.

Step 2: Identify if users in Vietnam can access, buy, or redeem them.

Step 3: Review your distributor or reseller agreements.

Step 4: Ensure the agreements explain the product, payment purpose, and refund rules.

Step 5: Consult a local lawyers in Vietnam to determine virtual goods definition.

Step 6: Prepare internal documentation to explain virtual asset flows.

Step 7: Establish user complaint and refund policies for Vietnam.

Step 8: Monitor updates from authorities on enforcement guidance.

FAQ: Virtual Goods Regulation in Vietnam

Q1: My platform doesn’t use real money. Are we still affected?

Yes. If users exchange digital goods that represent value (gifts, credits, tokens), it may still be regulated.

Q2: We only sell to distributors. Why are banks rejecting transfers?

Banks in Vietnam are cautious with payments labeled as “virtual items” unless clear legal justification is provided. Documentation preparation helps.

Q3: What is the sandbox, and why apply?

It’s a government program that allows platforms to test regulated features without facing full enforcement. It’s ideal for experimental monetization tools.

Q4: What happens if we do nothing?

You risk blocked payments, app store removals, or being blacklisted as non-compliant.

Q5: Can we rename our digital goods to avoid legal problems?

No. The law focuses on function, not names.

Act Now, Do not Wait

The time to act is not next year. It is now. Platforms that begin compliance work in 2025 will be ready when the Vietnam law on digital technology industry is enforced. Those who wait may face confusion, disruption, or shutdown.

Go review your systems. Talk to your legal counsels in Vietnam. Protect your users.

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/virtual-goods-regulation-in-vietnam-traps.html

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