Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 40 Vietnam: Vietnamese Perspectives on the Hague Principles »
Duc Luong Doan, Thi Hong Trinh NguyenFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter reflects on Vietnamese perspectives on the Hague Principles. In Vietnam, the sources of private international law in respect of international commercial contracts includes the bilateral judicial assistance treaties between Vietnam and related countries, among which eight treaties contain conflict rules for the content of the contract and eleven treaties contain conflict rules for the parties’ capacity in entering the contract. As for national legislation, which is established in Vietnam as the major source of private international law, the Vietnamese Civil Procedure Code (VCPC) 2015 provides for the procedures regarding civil disputes with foreign elements (Part VIII) and the recognition and enforcement of the decisions of foreign courts and the decisions of foreign arbitrators in Vietnam (Part VII). At the same time, the Vietnamese Civil Code (VCC) 2015 contains Part V which regulates the law applicable to civil relations involving foreign elements. As far as the Hague Principles are concerned, this is being addressed in the drafting stage of Part V of the VCC 2015 (on conflict rules). The influence of the Hague Principles on the Vietnamese legislature may be stronger when they are more well known in the future.