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Official Gazette

Sunday, August 25, 2019
Tags: breach of contract
Void contracts under current private law of Vietnam Void contracts under current private law of Vietnam
Invalid contracts in general and void contracts in particular are provided in the 2015 Civil Code (the 2015 Code) on the basis of adhering to the principles of recognition, respect, protection and guarantee of civil rights; the fundamental principles of the civil law; and the principles on performance of civil rights and limitations on performance of civil rights. This article deals with some issues on void contracts under the current private law of Vietnam.
Retention of title under current civil law Retention of title under current civil law
Retention of title, a measure to secure performance of obligations, is one of novel contents of the 2015 Civil Code. In this article, the author analyzes the Code’s provisions concerning retention of title, the right to reclaim property and effect for a third party, and makes recommendations for future improvement.
Vietnamese rules on compensation for contractual damage Vietnamese rules on compensation for contractual damage
In both legal theory and civil transaction practice, regulations on liability to compensate for contractual damage always play an important role. Theoretically, it is the concretization of the principles of equality, free will, good will, binding of contract, and theories of fault and damage in civil liability.
Remedies for breach of contract under the Civil Code: a comparative analysis Remedies for breach of contract under the Civil Code: a comparative analysis
The 2015 Civil Code recognizes unilateral termination and cancellation of contract as new remedies for breach of contract. It states that penalty for breach of contract and compensation for damage will still be enforced after the contract is cancelled or unilaterally terminated.
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.
Major orientations set for revision of Civil Code Major orientations set for revision of Civil Code
Insolvency and the survival of contracts Insolvency and the survival of contracts
For the purpose of enabling insolvent enterprises to rescue their business, the Law on Bankruptcy contains a number of provisions regarding the suspension of performance of payment obligations by insolvent enterprises.
New decree on secured transactions New decree on secured transactions
On February 22, 2012, the Government issued Decree No. 11/2012/ND-CP (the new decree), amending a number of articles of Decree No. 163/2006/ND-CP (Decree 163) of December 29, 2006, on implementation of relevant provisions of the Civil Code on secured transactions (Articles 318 thru 373).
Towards a better law on arbitration Towards a better law on arbitration
The legal system governing commercial arbitration in Vietnam still has problems which should be taken into consideration in the process of improving the law.
Draft decree to regulate real estate transactions Draft decree to regulate real estate transactions
The latest draft of a decree guiding the implementation of the Law on Real Estate has been recently unveiled by the Construction Ministry with many new points as compared with previous drafts.

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