- Why are only 49% of foreign courts’ judgements and for arbitral awards recognized and enforced?
- Case law No. 17/2018/AL in regard to the “characteristic of thuggery” in the “Murder” having accomplices
- Case law No. 16/2017/AL regarding recognition of transfer of the land use rights being the inheritance transferred by one of the co-heirs.
- Case law No. 15/2017/AL regarding “Recognition of verbal agreement between the involved parties with respect to exchange of agricultural land use rights”
09 November 2020
Why are only 49% of foreign courts’ judgements and for arbitral awards recognized and enforced?
Vietnam’s Code of Civil Procedure (CCP) provides that, in order for any foreign courts’ judgements, decisions or foreign arbitral awards (foreign judgements and arbitral awards) to take effect in Vietnam, they must be made in courts that are recognised and enforced under Vietnamese law. However, not all foreign judgements and arbitral awards of said description will be accepted and considered for recognition by the Vietnamese Court. Whether or not the Vietnamese Court will take into consideration a particular judgement or award depends on the existing international treaties or the diplomatic relations between Vietnam and the relevant nations. In principle, the Vietnamese Court will only recognise and enforce foreign judgements and arbitral awards that are:
13 October 2020
Legitimising electronic signatures
As cross-border transactions are becoming increasingly common, businesses and individuals are turning to electronic signatures to save time and costs. Instead of waiting for documents to be transported by courier around the globe, the relevant parties can finalise and execute their contract in a matter of seconds. Nevertheless, there are still reservations about their security, effectiveness, and legitimacy. This article aims to demystify electronic signatures under the lens of the law and the technology that make possible and easy e-commerce, contributing to the rise of globalisation in the 21st century.
18 September 2020
Criminal Law: Liability for Negligence in Enterprise Management
Characterised as an ‘unintentional crime,’ Negligence in Enterprise Management has incidentally become a prevalent legal issue amongst corporations, state agencies, as well as their associated personnel ...
25 August 2020
Term of Labor Contracts for Director/General Director under the Enterprise Law and the Labor Law
The 2014 Enterprise Law provides the terms of office for Directors/General Directors shall not exceed a maximum of 05 years. Concurrently, the 2012 Labor Code provides definite-term labor contract (with a maximum term of up to 36 months) and indefinite-term labor contract. If an employee is recruited to hold these titles, what is the suitable type of labor contract?...
18 August 2020
Booklet of “Employment Dispute Resolution in Vietnam”
In the employment relationship, there is always the potential for conflict between the employer and the employee, which may lead to ...
14 July 2020
Shareholder disputes: Practical tips to prepare shareholder agreements and company charters
It is common practice for business investors, when setting up a joint venture or following a M&A project, to seek protection of their investment via a shareholder agreement and company charter...
02 June 2020
Disputes between shareholders are common and may arise in any partnership. Sometimes, such disputes can be resolved simply by ...
12 May 2020
Judgement Enforcement in Vietnam
Obtaining a court judgment or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgment or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account...
16 April 2020
Unilateral termination of the labor contract due to the Covid-19 outbreak
Enterprises in Vietnam are facing numerous difficulties that are directly attributable to Covid-19. Many enterprises have temporarily suspended their business for a specific term;...
03 April 2020
Late payment interest in commercial disputes
One of the most important issues in a commercial lawsuit involving late payments is how the Court will determine late payment interest ...
24 March 2020
Is Covid-19 a “Force Majeure” in commercial contracts?
Due to the outbreak of the respiratory infection caused by a new coronavirus (Covid-19) on March 11, 2020, WHO declared ...
03 March 2020
New Regulations of the 2019 Labor Code
The new Labor Code (effective from January 01, 2021) has significant changes such as simplifying types of labor contract ...