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

Official Gazette

Thursday, August 6, 2020
Tags: Freedom 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.
Free will to enter into contract under the Civil Code Free will to enter into contract under the Civil Code
Freedom of contract in general or free will to enter into contract in particular is one of the basic principles of private law and civil code. Vietnam’s 2015 Civil Code contains necessary revisions to better guarantee these principles in the country’s private law system and in the formation and perfection of legal behavioral standards for subjects of private relations in conformity with international customs and practices.
Advantages and disadvantages of accession to the 1980 Vienna Convention Advantages and disadvantages of accession to the 1980 Vienna Convention
On December 18, 2015, Vietnam officially ratified the United Nations Convention on Contracts for the International Sale of Goods (CISG) to become its 84th state party. The CISG, which is also referred to as the 1980 Vienna Convention, will enter into force for Vietnam on January 1, 2017. This article discusses the advantages and disadvantages of the country’s accession to this Convention through the prism of a law practitioner.
Suggestions on standard terms in draft amendments to the 2005 Civil Code Suggestions on standard terms in draft amendments to the 2005 Civil Code
The Ministry of Justice has recently published the draft amendments to the 2005 Civil Code (the 2014 Draft) on its website for public discussion. One of the new significant issues raised by the 2014 Draft is the provision on “general trading conditions”.
The 3rd draft Law on bankruptcy at a glance The 3rd draft Law on bankruptcy at a glance
The 3rd version of the Draft Law on Bankrutpcy contains significant changes to the existing Law on Bankrutpcy, notably with respect to the determination of the point of no return, the administrator regime, the protection of trust assets, the negotiation on the withdrawal of the bankruptcy petition and the priority of tax claims.
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.
Commercial law expands provisions on trader representation Commercial law expands provisions on trader representation
A trader’s activities to carry out commercial transactions on behalf of another or other traders were referred to in the 1997 Commercial Law as the “relation of providing commercial services.” These activities are dealt with by the 2005 Commercial Law in a more explicit manner as “intermediary activities in commerce.” Under Vietnam’s commercial law, intermediary activities in commerce cover four types of commercial activities: representation of traders, commercial brokerage, sale and purchase of goods by mandated dealers, and commercial agency.

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