The Alternative Dispute Resolution in Vietnam

Asian Law Series

No.20

Edited by Institute of State and Law National Centre for Social Sciences and Humanities Vietnam
March 2002
Table of Contents

PDF (906KB)

Title page, Content, etc.

Preface

PART ONE OVERVIEW OF THE DISPUTE RESOLUTION MECHANISM IN VIETNAM
I. COURT SYSTEM IN VIETNAM
1. Organization of the Court System
2. Judges: Mechanism for training and appointing
3. The fact of judicial activities of the court system over the last years

II. ALTERNATIVE DISPUTE RESOLUTION IN VIETNAM:TYPES AND FUNCTIONS
1. Overview
2. Forms of business dispute resolution
3. A brief history of the development of business dispute resolution laws and practices in Vietnam

III. CURRENT PRACTICES OF ARBITRAL RESOLUTION OF BUSINESS DISPUTES IN VIETNAM
1. Resolution of business disputes through the Vietnam International Arbitration Centre (VIAC)
2. Resolution of business disputes through economic centres established under Decree No. 116/CP dated 5 September 1994 of the Government.

IV. RESOLUTION OF BUSINESS DISPUTES THROUGH THE COURT SYSTEM
1. Jurisdiction of the people’s courts over economic disputes
2. Underlying principles of economic proceedings
3. Procedures for settlement of economic cases

V. PROCEDURES FOR RECOGNISING AND ENFORCING FOREIGN ARBITRAL AWARDS IN VIETNAM
1. 1958 New York Convention and Vietnam’s accession
2. Procedures for recognising and enforcing foreign arbitral awards

PART TWO STUDY ON DISPUTE RESOLUTION PROCESS IN SPECIFIC CASE
I. DISPUTE RESOLUTION IN CONSUMER PROTECTION
1. Concept of Consumer
2 Rights of Consumer
3. Mechanism in Consumer Protection

II. PROCEDURES FOR SETTLEMENT OF LABOUR DISPUTES
1. Types of labour disputes
2. Causes of labour disputes
3. Labour dispute settlement organisations
4. Choice of dispute settlement channels by the parties concerned
5. Case studies

III. RESOLUTION OF ENVIRONMENT DISPUTES IN VIETNAM
1. General Overview of Environment Disputes in Vietnam
2. Mechanism for Resolution of Environment Disputes
3. Overview on the Practice of Resolution of Environment Disputes in Vietnam
4. Resolution of a Number of Specific Disputes