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HANOI LAW UNIVERSITYTEXTBOOK
INTERNATIONAL TRADE
AND BUSINESS LAW
Edited by
Professor Dr Surya P. Subedi
DPhil (Oxford); Barrister (England)
Professor of International Law
School of Law, Univeristy of Leeds, UK
THE PEOPLE’S PUBLIC SECURITY PUBLISHING HOUSE
HANOI - 2012
,2
This Textbook has been prepared with financial assistance from the
European Union. The views expressed herein are those of the authors and
therefore in no way reflect the official opinion of the European Union nor
the Ministry of Industry and Trade.
, 3
LIST OF AUTHORS
Nguyen Thanh Tam Chapter 1; and Chapter 3 - Section 1,
and Trinh Hai Yen Section 2; and Chapter 4 - Section 3
Nguyen Dang Thang Chapter 2 - Section 1, Section 2
Nguyen Duc Kien Chapter 2 - Section 3;
and Chapter 5 - Section 4
Federico Lupo Pasini Chapter 2 - Section 4, Section 7;
and Chapter 4 - Section 1
Nguyen Nhu Quynh Chapter 2 - Section 5
Nguyen Thi Thu Hien Chapter 2 - Section 6
Nguyen Ngoc Ha Chapter 2 - Section 8
Andrew Stephens Chapter 3 - Section 3
Trinh Hai Yen Chapter 3 - Section 4;
and Chapter 4 - Section 2
Le Hoang Oanh Chapter 3 - Section 5
Nguyen Minh Hang Chapter 5 - Section 1
Ho Thuy Ngoc Chapter 5 - Section 2, Section 3 (Items 4-5);
and Chapter 7 - Section 6
Vo Sy Manh Chapter 5 - Section 3 (Item 1, Item 3)
Marcel Fontaine Chapter 5 - Section 3 (Item 2)
Nguyen Ba Binh Chapter 6 - Section 1
Nguyen Thi Thanh Phuc Chapter 6 - Section 2
Ha Cong Anh Bao Chapter 6 - Section 3
Trinh Duc Hai Chapter 7 - Sections 1-5
, 4 TEXTBOOK INTERNATIONAL TRADE AND BUSINESS LAW
FOREWORD
This Textbook has been prepared with the support of the Multilateral
Trade Assistance Project III (EU-Viet Nam MUTRAP III) funded by the
European Union, and it is the result of the contribution of national and
international academics and trade law experts. The cooperation between
Vietnamese and international experts testifies the definitive integration of
Vietnam in the international cultural system. The trade and economic world
integration of Vietnam achieved with the accession to the WTO in 2007
contributed in a decisive manner to the full participation of Vietnamese
experts and academics in the world scientific and cultural community.
Indeed, a growing number of Vietnamese students and academics which are
involved in international exchange programmes and this Textbook are the
evidence of this phenomenon.
With the support of EU-Viet Nam MUTRAP III Project and other
development cooperation programmes, the curricula of the main universities
in Vietnam have been updated to take into consideration the rapid
evolutions of the trade and economic situation. This Textbook, mainly
directed to bachelor students, provides a picture of the legal aspects of the
most relevant international trade issues. While recognizing the differences
between the international ‘public’ and the ‘private’ trade law, the editor and
contributors of the Textbook recognized that the two different disciplines
cannot be studied separately. Lawyers and legal experts must have a
thorough knowledge of all the aspects involving an international transaction,
from the competent jurisdiction to settle any pathologic aspect of an
international contract to the market access’ rights protected by the WTO in a
third country. Besides that, the Textbook is also a combination of global
(WTO, Vienna Convention of the International Sales of Goods), regional
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