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.
Luật doanh nghiệp – Law on Enterprises (in 2014)
The Law on Enterprises was passed on November 26th, 2014, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 8th section and took effect on July 1st, 2015, replacing the Law on Enterprises in 2005 and Law on amending and supplementing of Article 170 of the Law on Enterprises in 2013. This Law prescribes the establishment, management organization, reorganization and dissolution of, and activities related to, enterprises, including limited liability companies, joint stock companies, partnerships and private enterprises; and prescribes corporate groups.
To facilitate readers in the search and application of the Law, the National Political Publishing House collaborates with the Editortal Board of the Vietnam Law and Legal Forum magazine under Vietnam News Agency (the sole agency authorized in translating “Cong Bao” (Official Gazette) into English) to publish Vietnamese – English bilingual the Current Law on Enterprises (in 2014). The English version is for reference only.
Luật điều ước quốc tế - LAW ON TREATIES
The Law on Treaties was passed on April 9, 2016, by the XIIIth National Assembly of the Socialist Republic of Vietnam at 11th session. This Law has 10 Chapters with 84 Articles, prescribes the conclusion, reservation, amendment and supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, deposit, archival, making of certified copies, publication, registration, and organization of implementation of treaties, It came into force on July 1, 2016
To meet the need of readers to learn the Law on Treaties in 2016, the National Political Publishing House collaborates with the Editorial Board of the Vietnam Law & Legal Forum magazine under Vietnam News Agency (the sole agency authorized to translate “Cong Bao” into English) to publish the Vietnamese – English bilingual Law on Treaties. The English translation is reference only.
We have the honor of introducing this book to readers.
CIVIL CODE (Vietnamese - English)
The Civil Code was passed on November 24, 2015, by the XIIIth National Assembly of the Socialist Republic of Vietnam at 10th session. This Civil Code has 6 parts with 689 articles, prescribes the legal status, legal standards for the conduct of individuals and legal persons in relations established on the basis of equality, freedom of will, independence of property, and selfresponsibility. It came into force on January 1, 2017, and replace the Civil Code in 2005.
To meet the need of readers to learn the Civil Code in 2015, National Political Publishing House collaborates with Editorial Board of the Vietnam Law & Legal Forum magazine under Vietnam News Agency (the sole agency euthorized to translate “Cong Bao” into English) to publish the Vietnamese – English bilingual Civil Code. The English translation is reference only.