Law on settlement of civil disputes involving foreign elements at the Courts in Vietnam

Abstract

The settlement of civil disputes involving foreign elements is a relatively complicated issue due to conflicts of laws and conflicts of jurisdictions in private international law. It can be seen that the laws on the mechanism for settlement of civil cases involving foreign elements at Vietnamese Courts have gone through a long development process and have obtained significant progress in solving conflict of jurisdiction of national Courts and applicable laws. With the rapid development of civil relationships involving foreign elements and to ensure national interests, public interests, legitimate rights, and interests of the citizens, as well as to create a safe, stable, and effective legal framework, the laws need to be completed to settle civil cases involving foreign elements, to develop a good mechanism for settling disputes, and to meet the demands of the integration process. This article analyses Vietnamese laws on identification of jurisdictions of the Courts and identification of applicable laws to settle civil disputes involving foreign elements. On those grounds, this article points out certain shortcomings of the laws and provides an orientation for the completion of Vietnamese laws.