Choice of Law Rules for Contracts in Vietnam

When I first started practicing in Vietnam over ten years ago, it was assumed that the law governing the contract would--if at all possible--be foreign law. Vietnamese law was little developed, then, and foreign law was deemed more likely to contemplate potential issues arising. This, of course, neglected issues of dispute resolution and enforcement which [...]

By |2020-09-28T15:41:03+07:00September 28th, 2020|Contract Law, Dispute Resolution|Comments Off on Choice of Law Rules for Contracts in Vietnam

The Facts about CISG in Vietnam

Last week I wrote about the freedom of contract in Vietnam, here, and only briefly touched on an important international convention which Vietnam acceded to a few years ago. The Vienna Convention for the International Sale of Goods, or CISG for short, is an important set of rules for anyone buying goods from Vietnamese producers, [...]

By |2020-09-22T14:32:29+07:00September 22nd, 2020|Contract Law, International Trade|Comments Off on The Facts about CISG in Vietnam

Freedom of Contract in Vietnam

If you read last week's blog post, here, about bankruptcy in Vietnam you might have picked up on the possibility of further discussions of the issue in relation to the court's actual behavior in the bankruptcy process. However, that is not going to happen--at least not this week--due to technical difficulties. (My Ubuntu OS won't [...]

By |2020-09-14T14:21:49+07:00September 14th, 2020|Contract Law, General|Comments Off on Freedom of Contract in Vietnam

How to Secure Loans in Vietnam

Most people are familiar with secured transactions, though they may not know them by that name. When a person buys a house, or a car using a loan--whether through the seller or a third party lender--they sign a contract offering their purchase as security. This means that, if the borrower defaults on his loan, the [...]

By |2020-08-14T12:55:51+07:00August 14th, 2020|Banking and Finance, Contract Law|Comments Off on How to Secure Loans in Vietnam

Issues of Technology Transfer Contracts in Vietnam

Introduction Hello all. This week we're exploring issues with technology transfer in Vietnam. Just in case you're not familiar with the term, technology transfer refers to the process of conveying results stemming from scientific and technological research to the market place and to wider society, along with associated skills and procedures. This can come in [...]

By |2020-08-06T12:35:08+07:00August 6th, 2020|Contract Law, TMT-Technology, Media, Telecom|Comments Off on Issues of Technology Transfer Contracts in Vietnam

What To Do After Force Majeure in Vietnam

While Vietnam is coming out of the Covid-19 epidemic, force majeure in Vietnam and elsewhere remains a major issue for investors both domestic and international. Cross-border flows of goods and people remain restricted, but internally, Vietnam is resuming business as usual to the extent possible. As the world locked down over the last few months, [...]

By |2020-05-06T15:25:34+07:00May 6th, 2020|Contract Law, Dispute Resolution, International Trade, Legal News|Comments Off on What To Do After Force Majeure in Vietnam

Vietnam Joins Hague Treaty on Evidence

On 4 March 2020, Vietnam signed the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. The Convention takes effect on 3 May 2020. Vietnam is the 63 country to join the Convention. In joining the Convention, Vietnam continues its gradual accession to international judicial treaties. In [...]

By |2020-04-27T14:57:10+07:00April 27th, 2020|Contract Law, Dispute Resolution, Legal News|Comments Off on Vietnam Joins Hague Treaty on Evidence

How to Successfully Use a Non-Compete Clause in Vietnam

Not too long ago I was looking at some labor law issues and tangentially saw a reference to a court case in Vietnam that addressed the issue of non-compete agreements. This intrigued me because the last time I looked into the issue there had been no real developments in the area and the consensus amongst [...]

By |2020-03-25T12:40:46+07:00March 25th, 2020|Contract Law, Dispute Resolution, Employment|Comments Off on How to Successfully Use a Non-Compete Clause in Vietnam

Selecting KPIs in Vietnam’s Employment Law

Recently, a friend of mine was pressed with a problem. He signed an employment contract that stated specific duties. He is a computer programmer and his tasks are primarily associated with developing software and related research. But the firm he works for, an international company, decided to open a new line. They have begun offering [...]

By |2020-03-02T10:22:42+07:00March 2nd, 2020|Contract Law, Employment|Comments Off on Selecting KPIs in Vietnam’s Employment Law

Judiciary’s Role Under-defined in Vietnam

I've spent the last two and a half days trying to figure out exactly what the courts do in Vietnam. I've come to the conclusion that their role is ill defined and that on purpose. I read through the Law on Promulgation of Legislative Documents, the Law on People's Courts, the Civil Procedure Code, and [...]

By |2020-02-19T12:26:49+07:00February 19th, 2020|constitutional, Contract Law, Dispute Resolution|Comments Off on Judiciary’s Role Under-defined in Vietnam
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