DISCUSSION ON CONTRACTUAL LIABILITY IN SALE OF GOODS CONTRACTS IN VIETNAM: A CISG PERSPECTIVE

Tóm tắt

The 1980 United Nations Convention on Contracts for the International Sale of Goods (commonly
referred to as the 1980 Vienna Convention or CISG) is one of the most significant international treaties
governing global trade relations. For Vietnam, membership in the CISG represents an effective legal
instrument that can enhance the integration of Vietnamese enterprises into international markets.
Although Vietnam ratified the CISG in late 2015 to improve the legal mechanisms available for
both domestic and international parties involved in concluding, performing, and resolving disputes
related to international goods sale contracts, up to date, the principles of the CISG have not
been widely recognized by Vietnamese courts and businesses. This paper endeavours to give an
analysis of contractual liability under the 2005 Vietnamese Commercial Law from the perspective
of the CISG. By highlighting similarities and differences, the article aims to provide insights for
Vietnamese businesses and judicial bodies in selecting and applying appropriate laws for contract
formation, execution, and dispute resolution.