MINISTRY OF EDUCATION AND TRAINING

UNIVERSITY OF ECONOMICS HO CHI MINH CITY

SCHOOL OF LAW
🙢🙟 🕮 🙝🙠

FINAL ASSIGNMENT OF PRIVATE INTERNATIONAL LAW

TEACHER: LỮ LÂM UYÊN

ID CLASS: 23D1LAW51107802
CLASS: LAC02
STUDENT: VÕ THỊ HỒNG DIỄM MSSV: 31201024127

COURSE: INTERNATIONAL PRIVATE LAW

THÀNH PHỐ HỒ CHÍ MINH - 2023

 CONTENT
1. Article 439.8 of the Vietnam Civil Procedure Code 2015 stipulates that civil
judgments/decisions of foreign courts shall not be recognized or enforced in
Vietnam if the recognition and enforcement of such civil judgments/decisions
of foreign courts are contrary to basic principles of laws of the Socialist
Republic of Vietnam.
Explanation:
Article 439.8 is one of the conditions required by law in Article 439 for the
Court to assess the criteria for not recognizing and enforcing foreign court
judgements in Vietnam. Furthermore, this clause is regarded as one of the
requirements to preserve public policy in the acceptance and enforcement of civil
judgments and decisions of foreign courts. To be able to fully explain and grasp the
meaning of Clause 8, we must first define the language that serves as the
foundation for formulating regulations based on the "basic principles of law of the
Socialist Republic of Vietnam."
To date, our country's legal system lacks a legal document or judicial
practice that defines the term "basic principles of law of the Socialist Republic of
Vietnam." However, through the concept of "public order" an abstract term
commonly used in the legal systems of countries around the world, "the social
status of a country at a time that is peaceful, stable, and public safety is not
disturbed", and in fact, the public policy of each country is used to maintain the
interests and development path of that country, so it also has different identities
depending on the country.In other words, from the perspective of private law,
"public order" is considered an imperative rule that subjects cannot violate through
other acts or agreements. Or, from the perspective of international justice, this
concept is understood as the legal order formed on the basis of the basic principles
of the social and legal regime of a country. From the above analysis, the definition
of "fundamental principles of Vietnamese law" can be considered similar to the
concept of "public order". It can be said that the Vietnamese legal system uses the

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term "fundamental principles of Vietnamese law" instead of the concept of "public
order".
Through that, we can explain the concept of "preservation of public policy",
which is to protect the basic principles of the social and legal regime of a country.
In the field of private international law, this definition is used when: "When the
competent authority uses the conflict of laws to refer to foreign law but does not
apply this legal foreign system (to which it would in fact apply); or refuses to give
effect to the judgment of a foreign court because it creates a situation contrary to
the fundamental legal principles of the country; or if they consider that the
application of foreign laws is a violation of the regulations that establish the
political, legal, economic, and social foundations of their country, in order to
protect public policy."
Thus, from the above analysis, we can interpret the provisions of Clause 8,
Article 439 Civil Procedure Code as a form of reservation of public order in the
recognition and enforcement of foreign court judgments. Accordingly, if a foreign
court's judgment is contrary to the basic principles of Vietnamese law (or
Vietnamese public order). Based on Draft 1.1, the Judicial Council of the Supreme
People's Court explains the application to determine the basic principles of
Vietnamese law through two examples as follows: "Ex 1: If a judgment has
grounds to determine that a foreign court's civil judgment or decision will lead to
one of the following consequences: infringing upon sovereignty, national security,
national interests, nation, order, social safety, social ethics, fine customs and
traditions of the nation, environment, and health of the community; Ex 2: The
court has grounds to determine that a civil judgment or decision has been
pronounced by a foreign court on the basis of having been deceived, coerced,
threatened, or accepted a bribe.” Therefore, based on that determination, if a
foreign court's ruling may have consequences affecting Vietnam's politics, society,
economy or show signs of deception, coercion, threats, or accepting bribes will not
be recognized and enforced in Vietnam.
Bình luận:

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 As previously stated, there has been no explicit legislation in the Vietnamese
legal system that clearly defines the idea of "fundamental principles of Vietnamese
law" up to this point, despite the fact that draft 1.1 has done so. For example, it is
utilized as a criteria to identify the fundamental principles of Vietnamese law,
although its implementation and application are still limited in reality. where it
comes to the acceptance and implementation of civil judgments and decisions
issued by Vietnamese courts, most courts evaluate the circumstances of the case
and use the concept of maintaining public order where the law applied by a foreign
court is incompatible with the applicable Vietnamese legislation.

2. Jean is a Singaporean businessman who runs Flower Inc.'s wine production

and export company, established in his home country France. He deals with
clients all over Europe.
2.1. CASE 1: Jean with Thach Lam company
SUBJECT:
- Flower Inc represented by Jean - French nationality
- Thach Lam company- Vietnamese nationality
OBJECT:
- Service contract between Flower Inc and Thach Lam company
OBJECTIVE:
- Behavior: Thach Lam company did not complete both of the above
obligations:
 obliged to designate a suitable vessel for carriage, such
appointment to take place in the UK
 agreed to transport distillation equipment from Sweden to Malaysia.
- The two parties agreed that the applicable law to the contract is English
law
- Take place: in Singapore

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SUBJECTIVE:
The act of failing to properly perform the obligations under the agreement
resulted in the termination of the service contract between Flower and Thach Lam.
Affecting the interests of Flower company.
ANSWER
Where Jean can claim breach of contract ?
- Law on nationality of legal entity (Lex societatis): is a legal system that indicates
the law of the country of which the legal entity is a national. Specifically:
 Flower Inc represented by Jean - French nationality
 Thach Lam company has Vietnamese nationality
So that, according to this legal system, Jean can sue in France and Vietnam.
- The law of the place where the act was performed (Lex loci actus): is a legal
system that indicates the law of the country where the act was committed,
specifically in this case
 Lex loci contractus: Jean signed a contract with Thach Lam
Company (Vietnam), which according to the case mentioned, the
place to sign the contract is in Singapore.
Thus, in this case Jean has the right to sue in Singapore
- Law of choice (Lex voluntatis): is a system of law indicating that the law of the
country is chosen by the parties to a civil relationship with foreign elements.
According to the topic mentioned:
 Jean and Thach Lam company agree that the law applicable to the
contract is English law
Thus, in addition to the countries mentioned above, Jean can also sue in the UK
Does the Vietnamese court have jurisdition to accept the dispute ?
According to the topic mentioned, Thach Lam company is the subject of the
relationship that terminates the above service contract, which is based on Clause e,

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Article 469, Civil Code 2015: “Civil cases related to civil relations which are
established, changed or terminated in Vietnam but involve rights and obligations
of Vietnamese agencies, organizations and individuals or agencies, organizations
and individuals that are headquartered or reside in Vietnam”. Because it is related
to the rights and obligations of Vietnamese agencies, organizations and individuals
or having its head office and residence in Vietnam is Thach Lam Company
established in Vietnam. Therefore, from the above analysis, the Vietnamese Court
has jurisdiction to handle the case.
Assuming the Vietnamese court has juisdiction, determine the applicable
law to resolve each type of dispute ?
In the process of arising a contractual relationship, Jean and Thach Lam
company agreed to choose English law as the law applicable to the contract.
According to the provisions of Clause 2, Article 664: “Where an international
treaty of which the Socialist Republic of Vietnam is a member or the law of
Vietnam stipulates that the parties have the right to choose [the applicable law],
the law applicable to a civil relation involving foreign element shall be determined
at the choice of the parties”. In addition, according to the provisions of Clause 1,
Article 683, it is also clearly stated: “Parties in a contractual relationship may
agree to choose the law applicable to the contract, except in the cases provided in
clauses 4, 5 and 6 of this article. Where the parties have not agreed on the
applicable law, the law of the country having the closest connection with such
contract shall apply”. Thus, since the agreement is English law, then the law
applicable to the contract will be English law.
2.2. CASE 2: Jean with Thinh Phat supermarket
SUBJECT:
- Flower Inc represented by Jean - French nationality
- Thinh Phat supermarket - Vietnamese nationality
OBJECT:

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 - Contract to sell 02 containers of wine to Thinh Phat supermarket in Ho Chi
Minh City
OBJECTIVE:
- Behavior: Unilaterally terminating the contract to buy and sell 02
containers of wine between Jean and Thinh Phat supermarket
- Take place: in Hò Chi Minh city (Viet Nam)
- The two parties agree to choose the applicable law for the contract,
Singapore law
- Since this is a sale and purchase contract, there will be CISG 1980, of
which Vietnam and France are members
- Mutual assistance agreement: Agreement on mutual legal assistance
between Vietnam and France in civil matters
SUBJECTIVE:
- The act of intentionally unilaterally terminating the contract of sale and
purchase of 2 containers of alcohol between Jean and Thinh Phat supermarket
affects the rights and interests of Flower company.
ANSWER
Where Jean can claim breach of contract ?
- Law on nationality of legal entity (Lex societatis): is a legal system that indicates
the law of the country of which the legal entity is a national. Specifically:
 Flower Inc represented by Jean - French nationality
 Thinh Phat supermarket has Vietnamese nationality
So, Jean can claim breach of contract in Vietnam and France
- Law of choice (Lex voluntatis): is a system of law indicating that the law of the
country is chosen by the parties to a civil relationship with foreign elements.
According to the topic mentioned:

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  The two parties agree to choose the applicable law for the contract,
Singapore law
Thus, according to the rules of this system, Jean can sue in Singapore
Does the Vietnamese court have jurisdition to accept the dispute ?
Based on the above article, it is found that Flower Company (France)
represented by Jean signed a sales contract with Thinh Phat supermarket (Vietnam)
in Ho Chi Minh City. Therefore, according to the Agreement on mutual legal
assistance in civil matters between Vietnam and France in Article 5, there are
provisions as follows:
"1. For the protection of their rights and interests, nationals of one
Contracting State in the territory of the other Contracting State shall be entitled to
access the courts under the same conditions as are accorded to nationals of the
other Contracting State and have the same rights and obligations as nationals of
the other Contracting State in the course of taking part in the proceedings before
the court.
2. The provisions of paragraph 1 of this Article shall also apply to juridical
persons constituted under the laws of either Contracting State."
According to the case, Thinh Phat supermarket is the subject of the
relationship that terminates the above contract, which is based on Clause e, Article
469, Civil Code 2015, because there are related to the rights and obligations of
Vietnamese agencies, organizations and individuals or having their head office and
residence in Vietnam is Thinh Phat supermarket established in Vietnam. Therefore,
from the above analysis, the Vietnamese Court has jurisdiction to handle the case.
Assuming the Vietnamese court has juisdiction, determine the applicable
law to resolve each type of dispute ?
According to the provisions of international law in the field of contracts, the
agreement takes precedence in the contract whereby Jean - representing Flower
Company and Thinh Phat supermarket has agreed on Singapore law as the
applicable law for the contract. Therefore, the applicable law in this case is

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Singapore law. However, in addition, Singapore and Vietnam are also members of
the CISG convention, so according to Article 1.b, there are provisions:
“1.This Convention applies to contracts of sale of goods between parties
whose places of business are in different States:
(b) when the rules of private international law lead to the application of
the law of a Contracting State.”
Therefore, CISG can be applied in this case, but Singapore is one of the
countries that reserve the above provisions, so it can be concluded that the
applicable law in this case will be Singapore law.
2.3. CASE 3: Marx caused an accident for Jean:
SUBJECT:
- Jean: Singapore nationality
- Marx: Germany natinality
OBJECT:
- Jean's right to safety in life and health
- Property rights
OBJECTIVE:
- Take place: in Vietnam
- Behavior: Causing an accident to Jean by means of a car
- Consequences: Jean was seriously injured and missed some important
contracts
- Between Germany and Vietnam: There is no mutual legal assistance
agreement
SUBJECTIVE
Marx's act of unintentionally hitting a car causing an accident resulted in
injury to Jean

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ANSWER
Where Jean can claim ?
- Law of individual nationality (Lex patriae): is a legal system that indicates
the law of the country of which the individual is a national. Accordingly
 Damaged person - Jean has Singapore nationality
 The person who caused the damage - Marx has German nationality
So for Marx's accident-causing behavior, Jean can sue in both Singapore
and Germany
- Law where the act is performed (Lex loci actus): is a system of law
indicating the law of the country where the act was performed, specifically in this
case Marx committed an act of accident causing Jean's accident in Vietnam.
Therefore, Jean can also claim in Vietnam
Does the Vietnamese court have jurisdition to accept the dispute ?
Pursuant to point dd, clause 469: "Civil cases related to civil relations which
are established, changed, or terminated in Vietnam, objects of which are properties
in Vietnam or acts performed in Vietnam",the Court's jurisdiction will be
determined based on the criteria of the case's relationship to the territory of the
country where the dispute settlement body is located, which will be determined by
the main factors, namely: the property in dispute or the work is performed in the
territory of Vietnam; legal events that give rise to, change, or cease occurring in
Vietnam. Therefore, based on the above explanation, the legal event that Marx's act
of hitting a car caused damage to Jean arose in the territory of Vietnam, so the
Vietnamese Court will have jurisdiction to handle the case. .
Assuming the Vietnamese court has juisdiction, determine the applicable
law to resolve each type of dispute ?
In this case, Marx's accident-causing act of driving caused Jean's serious
injury to occur in Vietnam, so according to Clause 1, Article 687, "Parties may
agree to choose the law applicable to the compensation for non-contractual
damages, except in the case provided in Clause 2 of this article. Where there is no
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agreement, the law of the country in which the consequences of the event causing
loss and damage arise shall apply." In this case, the law of Vietnam - the country
where the consequences of the act causing damage arise (Marx crashes into Jean),
will be applied. Beside that, Marx's car crash also led to the loss of Jean's
important contract in France. Therefore, in this case the applicable law will include
French law.
2.4. CASE 4: Một tờ báo ở Pháp đăng bài có chứa thông tin về chất lượng
rượu của công ty Flower:
SUBJECT:
- Flower Inc represented by Jean - French nationality
- A national French newspaper
OBJECT:
- The right to be protected the honor and reputation of Flower company
OBJECTIVE:
- Take place: in France and Europe
- Behavior: the act of spreading information that affects the reputation and
honor of Flower company
- Between France and Vietnam: There is a mutual legal assistance agreement
SUBJECTIVE
- Acts of willfully endangering Flower Company's interests, honor, and
reputation by publishing false information regarding the quality of Flower's wine
production in newspapers.
ANSWER
Where Jean can claim breach of contract ?
- Law on nationality of legal entity (Lex societatis): is a legal system that indicates
the law of the country of which the legal entity is a national. Specifically:
 Flower Inc represented by Jean - French nationality

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  A national French newspaper - French nationality
Because both subjects in this case have French nationality, according to the
system of nationality law for legal persons, Jean can sue in France.
Does the Vietnamese court have jurisdition to accept the dispute ?
Because both subjects giving rise to the relationship in this case are
two legal entities with French nationality and the case also occurred outside the
territory of Vietnam (France and Europe), on the basis of Articles 469 and 470 of
the conditions to determine whether the Vietnamese Court has jurisdiction to
handle the case with foreign elements, we can see that this case does not contain
the conditions that show that Vietnam has jurisdiction to resolve. Therefore, we
can conclude that, in this case, the Vietnamese Court has no jurisdiction to
handle the case.
Assuming the Vietnamese court has juisdiction, determine the applicable
law to resolve each type of dispute ?
If the Vietnamese court has jurisdiction to deal with it, in this situation when
both parties include the damage party - the French newspaper, and the damaged
party - the Flower Company, are legal entities with the same nationality as France.
According to article 687.2 "where a party has caused loss and damage and an
aggrieved party has the places of residence in the case of individuals or the places
of establishment in the case of legal entities in the same country, the law of that
country shall apply", so the applicable law in this situation would be French law.
2.5. CASE 5:
Jean asked his Vietnamese friend to have his name for Jean’s real estate:
Analysis:
In this situation, according to the Vietnamese legal system, foreigners are
not allowed to name and own real estate in Vietnam. Along with that, because Jean
had made a will in France previously, asking his friend to name real estate in
Vietnam will not affect the will.

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Advice:
If Jean wants to directly name the house, then Jean should buy a house in the form
of an apartment in Da Lat. Because currently, according to Vietnamese law,
although foreigners have not yet allowed foreigners to own real estate attached to
land, besides that, foreign individuals are allowed to own houses in the form of
shared apartments. residential and detached houses in investment projects.1
Married to My Thanh (Vietnamese nationality)
Analysis:
According to the mentioned situation, if Jean now married My Thanh while
still holding Singapore citizenship, then according to Clause 1, Article 680:
"Inheritance must comply with the law of the country of which the person who
bequeathed the assets held nationality prior to his or her death.". Therefore, in the
marriage with My Thanh, the inheritance issue will not be affected by Vietnamese
law but by Singapore law.(There is no mutual legal assistance agreement between
Vietnam and Singapore.)
Advice:
As analyzed, when marrying My Thanh, Jean still holds Singaporean
nationality, and the will that Jean made is not affected by Vietnamese law but
Singaporean law, where Jean, the testator, holds the nationality. Therefore, it is
best for Jean to ask a lawyer who is knowledgeable about Singapore's regulations
in the field of inheritance for more advice on whether My Thanh becomes Jean's
legal wife and whether this will affect the will or not.
Considering the validity and form of the will that Jean made in France.
Analysis:
Pursuant to Clause 1, Article 681, Civil Code 2015 stipulates on wills: "The
capacity to create a will and to alter or rescind a will must comply with the law of
the country of which the testator is a citizen.". Since Jean was a Singapore citizen
at the time of making his will in France, his capacity to make a will is determined
1
Article 159 Law on Housing 2014

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by Singapore law. Regarding the form of the will, according to paragraph 2 of
Article 681, it will be determined according to the law of the country where the
will is made. Because Jean made the will in France, the form of the will will be
determined according to the law of France.
Advice::
If Jean still retains his Singapore nationality, he can marry My Thanh as he
wishes because it will not affect the will that Mr. Jean made earlier.
Becoming a citizen of Vietnam
Analysis:
Pursuant to clause 1 of article 680, Jean's becoming a Vietnamese citizen
will certainly affect the will made in France. Specifically, if Jean becomes a citizen
of Vietnamese nationality, regardless of where he died, Vietnamese law will also
be applied to divide inheritance for movable property. The exercise of inheritance
rights over immovable property shall be determined according to the laws of the
country where the immovable property is located.In addition, My Thanh, now
Jean's legal wife, will become the heir regardless of the will if Jean dies.
Beside that, even though Jean intends to have both Singaporean and
Vietnamese citizenship at the same time, according to Clause 2, Article 672,
Vietnamese law will still apply and affect the will Jean made earlier.
Conclusion of advising:
In short, if Jean does not want to be affected by the will he made earlier in
France, Then Jean should only marry My Thanh and not become a Vietnamese
citizen. Instead, Jean can live in Vietnam as a permanent resident according to the
provisions of the Law on Entry, Exit, and Transit 2014.

REFERENCE
1. Bành Quốc Tuấn, “Công nhận và cho thi hành tại Việt Nam bản án, quyết định
dân sự của Tòa án nước ngoài”

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2. Bành Quốc Tuấn, “Hoàn thiện pháp luật về công nhận và cho thi hành tại việt
nam bản án, quyết định dân sự của tòa án nước ngoài”, Luận án Tiến sĩ Luật học.
3. Bùi Thị Thu, “Vấn đề bảo lưu trật tự công trong tư pháp quốc tế Việt Nam”,
https://phapluatdansu.edu.vn/2010/01/25/21/02/4340-2/
4. Nguyễn Huỳnh Anh, “Công nhận và cho thi hành bản án, quyết định dân sự của
tòa án nước ngoài tại Việt Nam”, Tạp chí Công thương,
https://tapchicongthuong.vn/bai-viet/cong-nhan-va-cho-thi-hanh-ban-an-quyet-
dinh-dan-su-cua-toa-an-nuoc-ngoai-tai-viet-nam-64156.htm

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