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Official Gazette

Tuesday, January 31, 2023
Tags: Vietnamese courts
Publication of court judgments and decisions under Vietnams law Publication of court judgments and decisions under Vietnam’s law
In this article, the author would like to provide legal grounds for the publication of court judgments and decisions in Vietnam and analyze benefits from the mandatory publication of court judgments and decisions.
Development of precedents in the context of judicial reform in Vietnam Development of precedents in the context of judicial reform in Vietnam
In the last two decades, the theoretical and practical issues of court precedents as “case law” have attracted interest of many legal researchers in Vietnam. The term “precedent” first appeared in the Communist Party of Vietnam (CPV)’s Political Bureau’s Resolution 48-NQ/TW dated May 24, 2005, on the Strategy to build and improve the Vietnamese legal system by 2010, with a vision toward 2020.
Building the e-court system to step up implementation of the judicial reform strategy Building the e-court system to step up implementation of the judicial reform strategy
Accelerating the digital transformation in the court system and building e-courts are regarded as present urgent tasks which need to be concretized for early completion. They will bring an opportunity for Vietnam’s court system to consolidate the people’s trust in justice and improve its operational efficiency to meet requirements set forth in the Resolution of the 12th National Party Congress.
Smart contracts prompt the need to improve the legal system Smart contracts prompt the need to improve the legal system
In Vietnam, when it comes to blockchain, people often think of virtual currency such as Bitcoin and Ethereum. But in fact virtual currency is just the first and most popular application of blockchain technology. Blockchain technology can be applied in innumerable domains, one of which is blockchain-based smart contracts. Smart contracts have been developed and are used in a variety of fields such as finance, banking, supply chain, healthcare, education, transportation, etc. The questions now are: what is the legality of smart contracts, can Vietnam’s contract law be applied to smart contracts, and in the future do we need to revise the current legal system to regulate smart contracts? This article will focus on analyzing, evaluating and clarifying the above issues.
Immunity from measures to enforce court judgments Immunity from measures to enforce court judgments
In the context of extensive international integration, besides diplomatic missions and consular offices as key parties to diplomatic relations, the State, state agencies, companies, state enterprises, sole proprietorships, multinational corporations, etc., will be involved more and more actively in economic, civil and commercial transactions overseas. Therefore, civil, economic and commercial disputes involving foreign elements will inevitably occur and need to be settled by competent authorities with proper jurisdiction. In principle, their rulings or awards are to be respected and executed, except cases eligible for immunity from execution under international and domestic laws. Many economic and commercial cases involving the aforesaid subjects have recently been recorded in Vietnam in the field of private international law. However, the execution of court judgments and rulings for these cases has encountered not a few difficulties and problems, especially those caused by legal institutions. This article provides an overview of Vietnamese laws as well as international regulations on immunity from measures to enforce court judgments and rulings.
Foreign court judgments and arbitral awards in Vietnam Foreign court judgments and arbitral awards in Vietnam
On September 25, 2020, the Ministry of Justice published the Database on recognition and enforcement of foreign court judgments and decisions, and of foreign arbitral awards in Vietnam (the Database). Never before had Vietnamese courts been open about their views and opinions of foreign dispute resolution forums.
Taking security over immoveable assets in renewable energy projects Taking security over immoveable assets in renewable energy projects
Under the Amended National Power Development Plan for the Period from 2011 to 2020, with a vision toward 2030, it is expected that renewable energy will account for 10.7 percent of the total power capacity of 572 billion kWh by 2030. The Government’s outlook requires a high demand for capital, including loan capital. In this regard, the project finance should play a significant role in meeting that expectation. Generally, the lenders will expect perfected security interests over all of the property and assets of the project company. This article discusses notable issues in taking security over the immoveable assets of renewable energy projects.
Database on recognition and enforcement of foreign judgments in Vietnam launched Database on recognition and enforcement of foreign judgments in Vietnam launched
The Ministry of Justice on September 25 held a workshop to release the database on recognition and enforcement in Vietnam of foreign courts’ judgments and rulings and foreign arbitral awards.
Signing contracts by electronic means Signing contracts by electronic means
This article provides an overview on the use of electronic signature in Vietnam, including the current practice, regulatory framework and its application in judicial practice of the courts in relation to the validity of electronic signature. We hope that our readers may find it useful in the practice relating to signing contracts by electronic mean.
Validity of liquidated damages clause under Vietnams Law Validity of liquidated damages clause under Vietnam’s Law
Liquidated damages is one of the important remedies that are widely known in various types of contracts. However, the validity of liquidated damages clause is still an uncertain thing under Vietnam’s law, giving rise to a number of disputes over this clause when being applied in Vietnam.

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