Abstract
This chapter outlines the legal environment in Vietnam – the constitutional structure, the legal system and the court system. A brief description of the construction industry in Vietnam is given, highlighting current challenges and unique features. The impact of the Covid-19 pandemic on the execution of construction projects and the operation of construction contracts is discussed. Applicable legislation in Vietnam is identified for three situations: (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. The specific requirements of applicable legislation in Vietnam are used to identify what Particular Conditions are necessary or desirable for consistency with applicable laws for (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. Issues that a court or arbitrator may construe differently to that expected from the words of the contract because of local law or custom are identified.
Published Version
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