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Official Gazette

Wednesday, March 29, 2017
Vietnam needs a unified legal framework against natural disasters and climate change Vietnam needs a unified legal framework against natural disasters and climate change
Over the recent years, big and abnormal natural disasters, including typhoon, flood, flash flood, drought, whirlwind, etc., have appeared more frequently and complicatedly in Vietnam, causing unprecedented serious consequences.
The East Sea after the mid-July Award The East Sea after the mid-July Award
The change of the US president has brought about unforeseeable developments in the policies of the US and regional countries. ASEAN could not reach agreement on a joint statement on the ruling. The effect of the ruling and its future application remain unanswered questions.
Damages for breach of contract under Vietnamese law Damages for breach of contract under Vietnamese law
Damages are a type of claim recognized by Vietnamese law. Article 302 of the Commercial Law defines “damages”[2] as the act whereby the party in breach of a contract (the contract breaker) compensates for loss caused by that party’s breach to the victim of that breach (the claimant). The regime for damages is provided in the Civil Code and the Commercial Law with notable differences between those texts. As the new Civil Code enacted by the National Assembly of Vietnam on November 24, 2015 (the 2015 Civil Code), will take effect from January 1, 2017, this article will provide comment on the relevant rules of this text. It will also give some drafting notes in respect of damages clauses. Please note that this article deals only with damages in contract and not in tort (i.e. when there is no direct contractual relationship between the parties).
No end in sight for Vietnamese exporters from surrogate value methodology in US anti-dumping proceedings No end in sight for Vietnamese exporters from surrogate value methodology in US anti-dumping proceedings
Vietnam Law and Legal Forum spoke to Dharmendra N. Choudhary, a well-known anti-dumping lawyer in Washington DC., about the impact of the recent US trade legislations on Vietnamese exporters that nullifies future benefits to such exporters when Vietnam is finally elevated to a market economy status. 
Vietnamese Basa/Tra fillets exports to US market hampered by the new product-specific input reporting requirement Vietnamese Basa/Tra fillets exports to US market hampered by the new product-specific input reporting requirement
In Vietnam-US bilateral trade, Vietnamese exports of frozen Basa/Tra fish fillets have all along been a controversial issue. This article focuses on a particular element of tariff barrier, specifically on a very important methodological aspect in the ongoing anti-dumping review proceedings covering Vietnamese fish fillets exports.
Vietnam takes significant steps to address IP infringements Vietnam takes significant steps to address IP infringements
The Vietnamese government has set itself a high bar in their effort to pursue IP infringements as part of its effort to fully integrate itself with the global economy. It has recognized that the strong protection of innovation and investment from foreign investors and local entrepreneurs is vital to Vietnam’s economic development, and this ought to be applauded.
Issues of legislative process Issues of legislative process
As the process plays an extremely important role in legislation, the country’s law-making process has been renewed constantly over the past years. Although the renewed process has helped pass more legal documents faster, there remain issues to be addressed.
Ruling of the century and landmark in the East Sea Ruling of the century and landmark in the East Sea
On July 12, 2016, the Arbitral Tribunal constituted under Annex VII to the 1982 United Nations Convention on the Law of the Sea issued the Award on the merits of the legal case filed by the Republic of the Philippines against the People’s Republic of China in the South China Sea.
How the 2015 Criminal Procedure Code changes Vietnams criminal justice legal framework How the 2015 Criminal Procedure Code changes Vietnam’s criminal justice legal framework
The Criminal Procedure Code of Vietnam contains far more rights afforded to criminal defendants and their counsels than many observers had thought politically possible. Implementation and enforcement of these new and enhanced rights will remain a significant challenge for years to come.
More rights for the accused defense counsels in criminal proceedings More rights for the accused, defense counsels in criminal proceedings
The 2015 Criminal Procedure Code will grant many new rights in criminal proceedings to the accused and defendants as it comes into force in July, including the right to read and take notes of copies or digitalized documents related to accusations against them in case files after the investigation is concluded.

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