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Abstract

Without a doubt, Vietnam has enjoyed outstanding economic performance since the adoption of doi moi in 1986. To a significant extent, Vietnam has accomplished this through the dramatic increase in international trade and investment. However, further economic progress will be undermined if international partners begin to question the fairness of the Vietnamese legal system – especially in the application of choice of law principles. At best, a perceived lack of transparency in choice of law decisions will increase uncertainty; at worst, it will foster the impression that Vietnamese Courts do not treat international parties fairly. Accordingly, this article recommends that all Vietnamese civil court cases involving non-Vietnamese parties should be published in a public, easily searchable database that discloses the traditional case identification information, the law applied, and the underlying rationale for the ultimate choice of law selection in the case.

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