INTERNATIONAL BUSINESS LAW

PRIVATE INTERNATIONAL LAW

Lecturer: Ta Diu Thuong

Teaching Demo on August 1st 2008

 Private International Law
Contents

1 CASE-STUDY

2 SUBJECT-MATTER

3 VIETNAMESE LAW

4 SOURCES

5 QUESTIONS FOR SUMMARY

 PRIVATE INTERNATIONAL LAW
Case-study

 Matexim, a Vietnamese Co. exports agri-products to

Smith&Co Ltd in the US. Contract of sales has been
signed in Thailand, at buyer’s Rep Office.

 Containers arrived to destination with certain defects,

thus buyer claims for compensation and other damages.

 When the lawsuit is brought to the Court, immediately

question emerged - which law should be applied since
choice of laws was not provided in the Contract:
Vietnamese law – seller?
US law - buyer ?
Thailand law – place of Contract formation?
 Vietnam law says
General

Constitution provides severe articles on

international foreign trade and other civil
matters involving foreign elements.

Art 24, 25: Foreign trade

Art 75: State protects legal rights of
Vietnamese citizens residing overseas.
Art 81: Foreigners residing in Vietnam shall
obey its Constitution and laws, also can
enjoy State’s protection on life, property and
other legal rights under Vietnamese laws.
 Vietnam law says
Specific

CIVIL CODE 2005:

Art 3: Civil Code applies to civil relations involving
foreign elements, unless otherwise stated in
international treaties…

Art 758 (part 7) defines “foreign elements” as follows:

Civil relations in which at least one party is a foreign
agency, organization or individual or overseas
Vietnamese or civil relations between the parties
being Vietnamese citizens, organizations but the
bases for establishing, altering or terminating those
relations are foreign laws, arise overseas or assets
related to such relations are located overseas”.
 Vietnam law says
Specific
Vietnamese legal regulations on Private International law can
be found on various writings such as:

1. Laws on:
(2008) Corporate Tax, Gender Equality …
(2006/7) Income tax, Civil Aviation, Residency, Real Estate
Business, Marriage and Family…
(2005) Trade, Investment, Intellectual Property, Technology
transfer, Import-export Tax …

2. National assembly's Ordinances on:

(2008) Foreign Currency, Anti-subsidy of imported goods to
Vietnam, anti-dumping of imported goods to Vietnam, Post
and Telecommunications, etc.

3. Other Decrees, Circulars and under-law instruments to

regulate each specific field involving “foreign elements”
 PRIVATE INTERNATIONAL LAW
Sources

Domestic laws

International treaties
(GAAT, CSGs)
Sources
Precedents of Courts
and Arbitration
Customs
(IncoTerms)
 PRIVATE INTERNATIONAL LAW
Sources

 Domestic laws: most popular source.

 International treaties: Getting more popular thanks to

process of world economy’s integration. Treaties: general –
specific; bilateral – multilateral.

 Precedents of Courts and Arbitration: Main source for

Common law system. In developed countries they also play
bigger part.

 Customs (rules on certain behavior that has been

established in long time, applied regularly and
systematically, recognized by many states despite its
informal nature. (e.g: Incoterms)
 KEY TERMS

 Civil relations, Civil procedure

 Foreign elements

 Choice of laws, conflict of laws, collision of laws

 Jurisdiction, enforcement of judgment

 Resident, non-resident, domicile

 Precedents

 Arbitration
 Questions for Summary

1. What is subject matter of Private

International law in each system of law?

1. Why Private International law has different

names in Civil and Common law systems?

2. How does Vietnamese law system treat

Private International law? Where can it be
found in this system?