Supplier breached delivery terms in Vietnam—can I sue for lost profits and penalties?

Question

My Vietnamese company paid a deposit for raw materials, but the supplier delivered late and caused us to miss a big customer order. The contract has a delay penalty clause, but they deny liability and refuse to compensate. Can we claim lost profits as damages and enforce the penalty in court or arbitration?

ADK VIETNAM LAWYERS LAW FIRM · Accepted Answer

Yes, under Vietnamese law you may be able to claim both contractual penalties and damages (including lost profits), but it should be subject to the specific terms and conditions under the signed contract and evidence of the other party's failure.

[DDC] DONG DU INTERNATIONAL ACCOUNTING, TAXES &amp; LEGAL CONSULTING GROUP HCMC VIETNAM · Answer

Indeed, you are eligible to assert these claims. However, it highly urges us to verify your legal documents with them initially and ensure the fulfillment of your pertinent legal rights. Dr. Toni Tran, Postdoctoral Fellow at SSBM, Attorney, Certified Public Accountant (Australia, Vietnam), Certified Public Tax Advisor Vietnam.

Supplier breached delivery terms in Vietnam—can I sue for lost profits and penalties?

Lawyer Answers

ADK VIETNAM LAWYERS LAW FIRM

[DDC] DONG DU INTERNATIONAL ACCOUNTING, TAXES & LEGAL CONSULTING GROUP HCMC VIETNAM

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