Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Wednesday, November 21, 2018
Is it better to arbitrate in Vietnam or to arbitrate abroad? Is it better to arbitrate in Vietnam or to arbitrate abroad?
Three types of dispute qualify for arbitration in Vietnam. Firstly, disputes involving “commercial activity” can be arbitrated. Commercial activity is any “activity with a profit-making purpose comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.” Secondly, arbitration is allowed if one party to the contract is engaged in a commercial activity, say, a vendor in a dispute with a customer. Finally, the law requires that some disputes be settled by arbitration. Disputes that are specifically stipulated by law also qualify for arbitration. For example, contracts that relate to investments under the 2014 Law on Investment, qualify for arbitration. Arbitration is not a general right. Use of arbitration is subject to agreement. That is, the parties have to agree to arbitrate. Agreement to arbitrate can be made in any written form. The agreement may be part of an underlying agreement that is itself in dispute or it may be a separate agreement to arbitrate. Any modification, extension, termination, or invalidity of the contract will not affect the arbitration clause. This follows the separability doctrine of the New York Convention.
Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption
While an effective financial disclosure system requiring politicians and public officials to report on their assets and incomes can help detect and prevent corrupt practices, it can also help build public confidence and trust in the integrity of politicians and the public service.
Arbitral ruling in South China Sea will have long-term impacts: expert Arbitral ruling in South China Sea will have long-term impacts: expert
Two years ago, the United Nations delivered a historic verdict in the South China Sea territorial dispute between the Philippines and China, rendering China’s extensive claims over most of the sea baseless. Dr. Ha Anh Tuan, Director of the Center for Policy Analysis under the Institute for South China Sea Studies, writes to Vietnam News Agency on the legal implications of this ruling and its role in the path toward a final resolution.
Continuous line map - new wine in old bottles “Continuous line” map - new wine in old bottles
The story of the “nine-dash line”, the so-called China’s claim in the South China Sea, or the East Sea as it is called in Vietnam, seems to have sunk into the past after the award of the Arbitral Tribunal in the Philippines case against China in 2016. In this ruling, the Tribunal rejected the so-called “historic rights” of China in the waters within the “nine-dash line”. The idea is that the “nine-dash line” no longer exists after the ruling of the Arbitral Tribunal, but recently, the international press is stirred about the “nine-dash line” but under a new shape.
Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam
Vietnam has increasingly been taking part in economic integration and globalization. In such a context, there is an emerging trend of investment by domestic investors in other countries, which may create risks of bribery of foreign public officials or international organizations to obtain commercial advantages in international investments.
Recognition and enforcement of foreign arbitral awards in Vietnam: law and practice Recognition and enforcement of foreign arbitral awards in Vietnam: law and practice
Settlement of commercial disputes through arbitration is an international practice that is applied by many countries worldwide thanks to its flexibility and efficiency. The recognition and enforcement of foreign arbitral awards help enforce arbitral awards and avoid double trial of the same case.
IPR protection and enforcement in Vietnam is not as strong as it should be IPR protection and enforcement in Vietnam is not as strong as it should be
This year, the American Chamber of Commerce celebrates 24 years serving as the “Voice of American Business” in Vietnam and our members remain committed to helping improve business conditions in order to strengthen the private sector and promote economic and social development here.
Viet Nam resolved to maintain peaceful and stable borderlines Viet Nam resolved to maintain peaceful and stable borderlines
Viet Nam has made unceasing and serious efforts to exercise all of its agreements on land border with neighboring countries to ensure a border of peace and stability, to safeguard the border line and all border markers as well as law and order, said Deputy Foreign Minister and Chairman of the National Boundary Commission Le Hoai Trung.
Handling enterprises environmental violations in Vietnam: current situation and suggested solutions for better management Handling enterprises’ environmental violations in Vietnam: current situation and suggested solutions for better management
In recent years, the number of environmental violations committed by legal persons has been on the rise in Vietnam including the cases of Vedan, Sonadezi, Nicotex Thanh Thai, Hao Duong Leather Corporation, Tung Kuang Company, and the most recently the case of Formosa Steel Ha Tinh Company in 2016.
Justice sector seeks to improve legislation Justice sector seeks to improve legislation
At the arrival of New Year 2018, Deputy Minister of Justice Phan Chi Hieu grants an interview to Vietnam Law and Legal Forum on the Government’s legislative work and the Ministry’s key tasks in 2018.