International Business Law

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)

Precedents of Courts and Arbitration Customs (IncoTerms)

Sources

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?