This is the recommendation of Lawyer Emmanuel Moulin of Ngo, Miguérès & Associés international law firm, at the “Vietnam and WTO - experience to conquer international markets for Vietnamese businesses” seminar held by the Vietnam Chamber of Commerce and Industry (VCCI) in coordination with Ngo, Miguérès & Associés.
At the workshop, domestic and international lawyers discussed with businesses about methods and experience of penetrating international markets, challenges, and experience in limiting business risks as well as methods to resolve disputes with foreign partners. Especially, lawyers of Ngo, Miguérès & Associés law firm shared experience with Vietnamese enterprises.
Regarding the study of legal basis in the wake of WTO accession, Lawyer Nguyen Khanh Ngoc, a member of WTO negotiation delegation of Vietnam, advised companies not to separate issues to study but have a general look. He said, “For example, Vietnamese garment and textile companies (or leather and shoe) not only look at WTO regulations and commitments in relation to garment and textile (or leather and shoe) but also study national legal system and international legal system.” He said when doing business on the international market, international laws are more prioritised than local ones, especially western nations which always appreciate international standards. He added, in France, international laws will be given the first priority, then EU laws and French laws at last.
Apart from the WTO rule system and international legal practices, Mr. Ngoc also emphasised Vienne Convention 1996 that Vietnam signed. He said Vienne Convention 1996 now has a large volume of members. Although the US has not been the member convention, it always obeys the convention rules. He expressed his worry because Vietnamese companies pay little attention to the Vienne Convention 1996.
Sharing experience in following international proceedings with Vietnamese companies, Lawyer Emmanuel Moulin said the cost is always the most important factor for any enterprise. The cost and preferential treatments for lawyers and solicitors are quite high. The expenditure for a US$3-4 million case may range between US$140,000 and US$400,000$ while the victory is unknown. This rate of payment is a heavyweight consideration for any company before following a lawsuit. He said companies themselves should negotiate before visiting lawyers or the court.
Regarding the option of domestic laws or international laws in case of disputes, Lawyer Emmanuel Moulin said companies should visit international arbitration centres to get advice for the option of domestic laws or international laws. However, he pointed out that foreign companies doing business with Vietnamese partners want to apply Hong Kong or Singapore laws to settle conflicts.
He also stressed that companies should carefully study business environment, especially regulations in the countries they do business, as well as the necessity to have fellows on the road to conquer international markets. The fellows are legal consultants and solicitors at targeted markets.
Nguyen Thoa
Vietnamese
