Why Are Foreign Arbitral Awards Refused Recognition in Vietnam?

I. INTRODUCTION In the context of deep international economic integration, international commercial arbitration has increasingly become a preferred dispute resolution mechanism for businesses due to its flexibility, confidentiality, and cross-border enforceability. Vietnam is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as the […]

Is a Contract Signed with a Scanned Signature Invalid Due to Sham or Fictitious Nature?

The use of scanned signatures (image-based signatures) in electronic documents has become increasingly common in commercial transactions and contractual relationships. However, this practice raises several legal issues, including whether a scanned signature is equivalent to an electronic signature under current law; whether a contract may be declared invalid when the signature is suspected to be […]

Which Security Measure Is the Safest for Banks When the Collateral Is Future-Formed Property?

INTRODUCTION In credit-granting activities, particularly for loans financing construction projects, housing purchases, machinery and equipment acquisition, or production expansion, banks are often required to accept future-formed property as collateral. This type of property does not yet exist at the time of contract execution or has not yet come under the ownership of the borrower, but […]

Do Corporate Mergers and Acquisitions Extinguish Obligations Owed to Creditors?

I. INTRODUCTION Corporate consolidation activities—such as mergers, acquisitions (absorptions), and other forms of corporate reorganization (division, separation, conversion)—serve as important tools for business restructuring, resource optimization, and expansion of scale. A fundamental and highly practical legal question arises: when a company is merged or acquired, do the debts and obligations of the merged or acquired […]

Do Bank-Drafted Standard Credit Contracts Violate the Principle of Balance of Interests?

I. INTRODUCTION In credit transactions, banks commonly use standard form contracts to standardize procedures, reduce costs, and manage risks. However, when the drafting party holds a significantly stronger bargaining position—as is typically the case with banks—such standard contracts may contain unilateral or imposed clauses that weaken the borrower’s rights. The key legal issue is: Where […]

Responsibilities for Failing to Extend an Employment Contract

According to Article 20 of the 2019 Labor Code, employment contracts must be entered into in one of the following forms: Provisions Regarding Contract Extension: Conditions for Extending a Contract: To validly extend an employment contract, the following conditions must be met: Employer’s Responsibilities Under Article 20 of the 2019 Labor Code, if an employer […]

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