Online publication of court’s judgments in Vietnam

In March 2017, the Supreme People’s Court has adopted Resolution No.03 on the publication of judgments and decisions via e-portals of the court (Resolution 03/2017). Recently, the Supreme People’s Court also issues an Official letter no. 144 dated 4 July 2017 to the people’s courts in all levels on implementation of Resolution 03/2017 (Official Letter 144/2017).

Previously, there are some judgments of judicial review or new trial procedure published on e-portal of the Supreme People’s Court. However, under Resolution 03/2017, from 1 July 2017, enforceable judgments and decisions of the people’s courts must be made available on the e-portal of the court (https://congbobanan.toaan.gov.vn/) within 30 days from the date on which such judgments and decisions take effect, except the following cases:

Confusion regarding time limitation under Vietnamese Civil Code 2015

Under the Civil Code 2015, the time limitation for making a claim is longer than that of the Civil Code 2005. For example,

Under the Civil Code 2015, a claim for breach of contract or for non-contractual damages now has a time limitation of three years commencing on the date on which the claimant knows or should have known that the claimant’s rights or interests have been violated. This is longer than two years under the Civil Code 2005. In addition, the two year time limitation period under the Civil Code 2005 may commence on a much earlier date (i.e. the date on which the claimant’s rights or interests have been violated).
Under the Civil Code 2015, a claim for an inheritance of an immovable property is 30 years instead of 20 years under the Civil Code 2005.

New Publication “Principles of Vietnam’s Enterprise Law”

Volume 1 of my book "Principles of Vietnam's Enterprise Law" is now available in both e-book and paperback format on Amazon.com. The e-book is free for download in from 1 February 2017 to 4 February 2017. A pdf copy of the table of content can be downloaded from here.

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New choice of foreign governing law in a contract with Vietnamese counterparty

From 1 January 2016, the Civil Code 2015 introduces a new set of rules regarding choice of governing law in a civil contract signed with a Vietnamese counterparty. In particular, parties to a contract in which there is at least one party is foreign individual or foreign “legal person” may agree to choose foreign governing law in the contract except in the following cases, among other things:

Vietnam Business Law