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

Official Gazette

Monday, February 19, 2018
Tags: litigation
Exclusive choice of court agreements under Vietnams Civil Procedure Code Exclusive choice of court agreements under Vietnam’s Civil Procedure Code
The 2015 Civil Procedure Code of Vietnam has for the first time provided for the right to choice of court agreement in cross-border litigation. This article points out that such provision is inadequate and needs specific guidance to ensure uniform understanding and application.
Lawsuits can solve pollution disputes Lawsuits can solve pollution disputes
One way to resolve environmental disputes, especially between citizens and polluting businesses as witnessed in recent times, is through litigation.
Dispute resolution mechanisms under Vietnamese law and EVFTA Dispute resolution mechanisms under Vietnamese law and EVFTA
The legislative basis for mediation is noted to improve and countries, such as Vietnam, have pursued mediation reforms as a response to contemporary demands.
Legal status of foreigners in civil proceedings in Vietnam Legal status of foreigners in civil proceedings in Vietnam
The legal status of foreign entities in civil proceedings under Vietnamese law encompasses their civil procedure law capacity, civil litigation act capacity, and rights and obligations when participating in civil proceedings in Vietnam. In this article, foreign entities refer to foreigners, foreign agencies and organizations and their Vietnam-based branches and representative offices.
Glossary of the 2015 Civil Procedure Code Glossary of the 2015 Civil Procedure Code
International cooperation in foreigner-related cases needs to be intensified International cooperation in foreigner-related cases needs to be intensified
The Ho Chi Minh City People’s Procuracy, in collaboration with the Japan International Cooperation Agency (JICA), on June 20 held a workshop seeking ways to deal with difficulties in implementing prosecution and procuracy over investigations and first-instance trial of criminal cases related to foreigners in the city.
Global integration fraught with hurdles: VN official Global integration fraught with hurdles: VN official
Deputy Minister of Industry and Trade Do Thang Hai tells the Vietnam News Agency that the nation will have to deal effectively with new-generation FTAs as it deepens its international integration.
The idea of judicial integrity in Quoc Trieu Kham Tung Dieu Le The idea of judicial integrity in Quoc Trieu Kham Tung Dieu Le
Quoc Trieu Kham Tung Dieu Le, promulgated by King Le Hien Tong in 1777, is an original legislative achievement of the late Le dynasty. Its originality, as assessed by researchers, consists in its appearance as a separate procedural code in the then circumstances of Dai Viet (Great Vietnam) and the feudal Orient. The Code’s uniqueness also lies in its judicial ideology, including judicial integrity - a category which should have been guaranteed only in a law-ruled system.
Leading wind tower producer wins in fight against US antidumping duties Leading wind tower producer wins in fight against US antidumping duties
CS Wind Vietnam, a Korea-invested company which manufactures wind towers in Phu My, Ba Ria-Vung Tau southern province and supplies them to customers in Europe and the US, has recently won several issues before the US Court of Appeals for Federal Circuit in its ongoing fight against US antidumping duties.
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” as the act whereby the party in breach of a contract compensates for loss caused by that party’s breach to the victim of that breach. 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, 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.

Video

Vietnam Law & Legal Forum