From an academic perspective, the fundamental principles of Vietnamese law can be clearly presented and analysed based on the Constitution and foundational statutes. However, in judicial practice and law enforcement, the issue is far more complex and cannot be reduced to abstract theory. Identifying and invoking a specific “fundamental principle” requires more precise guidance, especially through case law and official legal interpretations.
This article builds upon earlier practical analyses published by Rajah & Tann Asia concerning the enforcement of arbitral awards and the invocation of the “fundamental principles of Vietnamese law” as grounds for annulment or non-recognition. While those prior commentaries focused on procedural consequences in arbitration, we provide a complementary academic and doctrinal perspective here, with reference to key Vietnamese legal textbooks and constitutional interpretations.
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