CYIL vol. 15 (2024)

LANH DINH CAO, TRINH THI HONG NGUYEN and banking law; and law on corporate governance. He can be reached via email at cdlanh@ hueuni.edu.vn. Assoc. Prof. Dr. Nguyen Thi Hong Trinh is a Lecturer at the University of Law, Hue University, Vietnam, completed her Doctorate in Law (Private International Law) at Hamburg University (Germany) in 2015. Her primary research interests include conflict of laws in contracts, torts, international civil jurisdiction, international family law, and LGBT rights. Since 2020, she has been the Head of the International Law Department at University of Law, Hue University. She can be reached via email at nthtrinh@hueuni.edu.vn. Introduction Vietnam is a dynamic country. Over the last 30 years, the nation has strived to integrate global trade into its economy and improve the legal environment to attract foreign investments. The governing political party supports goal of integrating into the global economy and building a strong dispute settlement system 1 . The national court plays a crucial role in any dispute resolution system, and international jurisdiction is first to be ascertained when a court deals with international contractual disputes. Vietnam follows a civil law model in its way of designing the jurisdictional rules. The Civil Procedure Code (CPC) 2015 is the primary source of law that provides grounds of direct jurisdiction over international contracts. Article 469 of this code provides for general jurisdiction and Article 470 stipulates the exclusive jurisdiction. Contracts do not enjoy a special ground of international jurisdiction 2 . Therefore, a court can have general (concurrent) or exclusive jurisdiction over a contract dispute pursuant to corresponding provisions in the CPC. “Article 469. General jurisdiction of Vietnamese Courts to resolve civil cases involving foreign elements 1. Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in the following cases: a) The defendant is an individual who resides, works or lives for a long term in Vietnam; b) The defendant is an agency or organization which is headquartered in Vietnam or the defendant is an agency or organization has a branch or a representative office in Vietnam, applicable to cases related to the operation of the branch or representative office in Vietnam of such agency/organization; c) The defendant has properties in Vietnam; d) The divorce cases with the plaintiffs or the defendants being Vietnamese citizens or involved parties being foreigners who reside, work or live for a long term in Vietnam; 1 See “Political Report of the 12th Party Central Committee at the 13th National Congress of the Party.” See more about the concern of the Vietnamese communist Party for engaging international law in Trần Hữu Duy Minh, “ Luật pháp quốc tế trong các văn kiện Đảng Cộng sản Việt Nam [International law in instruments of Vietnamese Communist Party], T ạ p chí Nghiên c ứ u Qu ố c t ế [International Study Journal], No 3 (126), 09/2021, pp. 221-242. Online access link: https://iuscogens-vie.org/2022/01/23/227-luat-phap-quoc-te-trong van-kien-cac-ky-dai-hoi-dang/. 2 The CPC 2004 provided for special jurisdiction in contract disputes where the place of performance of the contract was in Vietnam. The CPC 2015 does not retain this provision.

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