Workshop “ Viet Nam’s accession to United Nations Convention on Contracts for the International Sale of Goods (CISG)”
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In 2012, the idea to join Vienne Convention on CISG (Contracts for the International Sale of Goods) (Vienne Convention 1980 in short) for Viet Nam was proposed by the Ministry of Industry and Trade and was approved by the Prime Minister. CISG membership will have important legal impacts on international trade in goods by Vietnamese businesses. Therefore, they need to be well prepared in order to both make the best of it and avoid potential risks.
Following up the workshop on “ Viet Nam’s accession to United Nations Convention on Contracts for the International Sale of Goods (CISG)” held in Ho Chi Minh city on 1st November 2013 addressing lawyers, lecturers and businesses operating in Southern region, in collaboration with the Ministry of Industry and Trade, Multilateral Trade Policy and Investment Support Project (EU-MUTRAP) organized a workshop under the same title on 19th December 2013, in order to disseminate the Convention’s possible benefits and impacts and necessary preparations for Viet Nam to state management agencies, functional bodies and industry associations, research institutes, universities, lawyers and arbitrators working in the field of international trade and exporters in Ha Noi.
According to Dr. Pham Dinh Thuong, Department of Legal Affairs, Ministry of Industry and Trade, the Convention is now joined by more than 80 nations, which together share two thirds of international trade. Joining the Convention would benefit Viet Nam in various dimensions by, among the others, reducing disputes incurred in international market, encouraging fair competition and helping improve contract related trade regulatory framework. Besides, an analysis was given by Dr. Nguyen Minh Hang, VCCI specialist, on possible benefits for Viet Nam when becoming a member of CISG – a transparent regulatory resource which helps minimize legal cost, speed up dispute settlement as well as enhance reliability. Dr. Nguyen Minh Hang added that 64,52% of Viet Nam’s export partners are CISG memebers.
It was noted by Dr/Associate Prof. Nguyen Vu Hoang – lecturer of Ha Noi National Economics University, that Viet Nam Contract Law differs from CISG corresponding regulations in a number of matters, i.e limitations for goods in trade by CISG, contract proposal, contract acceptance, time to transfer property rights and breach contract responsibility.
The Q&A session collected various comments from participants, some of whom raised a number of potential risks for Vietnamese businesses given their limited legal knowledge and thus found preparations fundamental. On answering questions raised at the workshop, Dr. Pham Dinh Thuong revealed the findings of a survey which shows 90% of support among respondents for basing on an uniform legal source would benefit businesses and foster Viet Nam’s integration into international laws. As for an impact assessment study, Viet Nam would gain a lot of benefits by joining Vienne Convention. All comments and recommendations were documented by the Ministry of Industry and Trade as inputs for Viet Nam’s preparatory works.
Better understanding about Vienne Convention’s possible benefits and impacts and necessary preparations for Viet Nam was gained by workshop participants representing state management agencies, functional bodies and business associations, research institutes, universities, lawyers and arbitrators in the field of international trade and exporters in Ha Noi.