TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAW

1 Youth Publishing House, 2017 TEXTBOOK ONINTERNATIONAL TRADE AND BUSINESS LAWHANOI LAW UNIVERSITYYOUTH PUBLISHING HOUSEHANOI - 2017 Edited byProfessor Dr Surya P. SubediDPhil (Oxford); Barrister (England)Professor of INTERNATIONAL LawSchool of Law, University of Leeds, UKThis 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 . TEXTBOOK ONINTERNATIONAL TRADEAND BUSINESS LAWHANOI LAW UNIVERSITY4 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAW5 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAWLIST OF AUTHORSN guyen Thanh Tam and Trinh Hai Yen Chapter One; and Chapter Three - Section One, Section Two; and Chapter Four - Section ThreeNguyen Dang ThangChapter Two - Section One, Section Two Nguyen Duc KienChapter Two - Section Three; and Chapter Five - Section FourFederico Lupo PasiniChapter Two - Section Four, Section Seven.

2 And Chapter Four - Section OneNguyen Nhu QuynhChapter Two - Section FiveNguyen Thi Thu HienChapter Two - Section Six Nguyen Ngoc HaChapter Two - Section Eight Andrew StephensChapter Three - Section Three Trinh Hai YenChapter Three - Section Four; and Chapter Four - Section Two Le Hoang OanhChapter Three - Section Five Nguyen Minh HangChapter Five - Section One Ho Thuy NgocChapter Five - Section Two, Section Three (Items Four-Five); and Chapter Seven - Section Six Vo Sy ManhChapter Five - Section Three (Item One, Item Three) Marcel FontaineChapter Five - Section Three (Item Two) Nguyen Ba BinhChapter Six - Section OneNguyen Thi Thanh PhucChapter Six - Section Two Ha Cong Anh BaoChapter Six - Section Three Trinh Duc HaiChapter Seven - Sections One-FiveLaurent Manderieux and Nguyen Thanh TamReview and update whole TEXTBOOK INTRODUCTION TO THE THIRD EDITIONThe European TRADE Policy and Investment Support Project (EU-MUTRAP) and Hanoi Law University (HLU)

3 Decided to proceed with the publication of the third edition of the TEXTBOOK following the great success of the first two editions, published respectively in 2011 and 2014. All the main universities in Viet Nam adopted the TEXTBOOK as the main academic material. Moreover, law firms, think tanks and State agencies largely made use of the TEXTBOOK as an important instrument supporting their daily work. This third edition of the TEXTBOOK , like the first two, has been prepared with the financial and expertise contributions of an European Union funded Project (EU-MUTRAP).

4 Indeed, the EU-MUTRAP recruited INTERNATIONAL and local academics for the revision and the update of the TEXTBOOK , taking into consideration the evolution of the TRADE policy of Viet Nam of the last few years. European TRADE Policy and Investment Support Project (EU-MUTRAP) and Hanoi Law University (HLU) would like to introduce the third republication of the TEXTBOOK on INTERNATIONAL TRADE and BUSINESS Law to our valued readers. Bui Huy SonProject DirectorEU-MUTRAP Project Le Tien Chau RectorHanoi Law University 6 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAW7 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAWdifferent attitudes regarding the practical implementation of the day-by-day commercial operations.

5 The need to improve the TRADE relations, particularly important for an open economy like Viet Nam, requires the ability to understand these different attitudes and, when possible, to identify the best INTERNATIONAL practices which could be reproduced into the domestic legal framework. The TEXTBOOK is also a good instrument for government officials daily confronted with a dynamic INTERNATIONAL arena and eager to know the basic information regarding various aspect of INTERNATIONAL TRADE law. This TEXTBOOK is really a small reproduction of the real world Vietnamese lawyers and legal experts will have to face and it is an excellent starting point for all those interested in having a basic knowledge of the complex set of rules dealing with INTERNATIONAL Thi Hoang Thuy Project Director EU-Viet Nam MUTRAP IIIFOREWORDThis TEXTBOOK has been prepared with the support of the Multilateral TRADE Assistance Project III (EU-Viet Nam MUTRAP III)

6 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.

7 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.

8 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 (EU, NAFTA and ASEAN), bilateral (the agreements between Vietnam and some trading partners) and Vietnamese relevant rules.

9 The TEXTBOOK benefited from the contribution of experts and academics combining the technical to the geographical expertise: for example, an US contributor wrote the section on NAFTA while an European drafted the section dedicated to the EU, while Vietnamese authors focused on the domestic relevant TRADE aspects. The result is a TEXTBOOK which captures different views regarding the law regulating INTERNATIONAL TRADE . This TEXTBOOK is a good example of what the Vietnamese lawyers and legal experts will have to face once they will start their professional life.

10 A world characterized by harmonized INTERNATIONAL rules, common rules of legal interpretation but 8 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAW9 TEXTBOOK ON INTERNATIONAL TRADE AND BUSINESS LAWPREFACEI nternational TRADE and BUSINESS Law is about empowering states in some areas and facilitating their BUSINESS or other transactions with other states and entities - while restraining their activities in other areas for the greater good of the individual and the society, both national and INTERNATIONAL . This body of law aims to lay down the rules of fair play in the conduct of INTERNATIONAL economic relations to ensure a fairer society for all.