The most closely connected law to the contract under the Civil Code 2015 - The remaining issues

Abstract

The proximity principle not only helps to increase the flexibility for the dispute resolution bodies in determining the applicable law to an international contract but also ensures the harmony of laws between Vietnam and other countries. However,  Vietnam’s rules on determining the most closely connected law to the contract under the Civil Code 2015 remains unclear. This may lead to the arbitrary and non-uniformity in the resolution of disputes regarding contracts with foreign elements in Vietnam. By analysing these rules and comparing them with the laws of some countries, this article will point out their limitations and providing some recommendations to improve Vietnam’s laws on determining the most closely connected law to the contract.