VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
VU GIA TRUONG
PROCEDURES FOR SETTLING
BUSINESS AND COMMERCIAL DISPUTES
AT COURT OF FIRST INSTANCE
IN VIETNAM TODAY
Major: Economic Law
Major code: 9 38 01 07
SUMMARY OF DOCTORAL THESIS IN LAW
HANOI - 2020
The work is completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES
Science Instructor: Assoc. Prof. Dr. Dinh Van Thanh
Counter-argument 1: Assoc. Prof. Dr. Nguyen Thi Thuong Huyen
Counter-argument 2: Assoc. Prof. Dr. Le Thi Chau
Counter-argument 3: Dr. Hoang Thi Quynh Chi
The thesis will be defended before the Academy-level PhD Thesis
Assessment Council at the Graduate Academy of Social Sciences -
Vietnam Academy of Social Sciences.
At: dated 2020
Thesis can be found at:
- National Library of Viet Nam
- Library, Graduate Academy of Social Sciences
LIST OF PUBLISHED RESEARCH WORKS
RELATED TO THE THESIS
1. Vu Gia Truong (2018), Conditions for applying simplified procedures in
civil proceedings and problems in practice, Magazine of Lawyers, No.
2/2018, pages 25-44;
2. Vu Gia Truong (2016), Problems in settling disputes on business and
commercial credit contracts in court, Magazine of Lawyers, No. 2/2016,
pages 34-38;
3. Vu Gia Truong (2016), Problems in settling business and commercial
disputes in court, Magazine of Vietnamese Lawyers, No. 3(24)/ March/2016,
pages 52-56;
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INTRODUCTION
1. The urgency of researching the topic
In the context of Vietnam's economic integration increasingly deeply into
the regional and world economy, the transparency and creation of an open
business environment creating a basis for enterprises to compete equally,
improving domestic business capacity and attracting more foreign investors is
an urgent need. One of the solutions to improve the business environment is to
perfect the methods to settle business and commercial disputes. Resolution
No. 48-NQ/TW dated 24/05/2005 of the Politburo on Strategy for building
and perfecting the legal system of Vietnam to 2010, with orientations to 2020
and Resolution No. 49-NQ/TW dated 02/06/2005 of the Politburo on the
Judicial reform strategy to 2020 also stated that one of the tasks of Judicial
reform is to: " Continue to improve civil proceedings" [03, p.4].
When business and commercial disputes are brought to the court for
settlement, the Court of First Instance trial is the first level of adjudication in
the dispute settlement process. This is a very important period, showing the
most concentration of ensuring business freedom of business entities and the
litigants' right to self-determination in resolving business and commercial
disputes. Currently, the order of resolving business and commercial disputes
according to judicial procedures in court is specified in the 2015 Civil
Procedure Code (2015 Civil Procedure Code) and is promoting the positive
effects. However, due to the peculiarities of business and commercial
disputes, the current practice of resolving business and commercial disputes at
courts in our country still reveals a number of limitations and problems. have
been completely overcome.
Through research we can see, in Vietnam today there have been many
studies on this issue at different levels, but up to now, the research issue has
many changes according to the Civil Procedure Code 2015 and related
documents, and the practice of dispute settlement also raises many new
problems. Therefore, the PhD student has chosen the topic “Procedures for
settling business and commercial disputes at Court of First Instance in
Vietnam today” to make a Doctoral thesis in order to better improve the legal
framework in this field, which is in line with the Party's direction in terms of
market economy and international integration.
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2. Research purpose and mission
2.1. Research purpose
The purpose of the thesis is to study the theoretical and practical issues of
the law on business and commercial dispute settlement procedures at the
Court of First Instance in our country today, Since then, the thesis proposes
solutions to improve the law and improve the efficiency of law enforcement
on commercial business dispute settlement at the Court of First Instance in
Vietnam in the coming time.
2.2. Research mission
To achieve the above purpose, the task of the thesis focuses on solving
the following basic problems: (1) Conducting an overview of domestic and
foreign research related to the thesis topic; (2) Studying to clarify the legal
theoretical issues about business and commercial dispute settlement
procedures at the Court of First Instance; (3) Overviewing, analysising the
current state of law and law enforcement practices on business and
commercial dispute settlement procedures at the Court of First Instance in
Vietnam today; evaluating and pointing out the limitations, shortcomings and
main causes; (4) Proposing directions and solutions to contribute to complete
the law and improve the efficiency of law enforcement on business and
commercial dispute settlement procedures at the Court of First Instance in
Vietnam.
3. Object and scope of the research
3.1. Research object
(1) Legal theoretical and practical issues on business and commercial
dispute settlement procedures at the Court of First Instance. (2) System of
provisions of Vietnamese law on this issue as well as the practice of law
enforcement on on business and commercial dispute settlement procedures at
the Court of First Instance in Vietnam in recent years. (3) The actual data are
studied from the trial results of the Court of First Instance.
3.2. Research scope
(1) In terms of content, the thesis focuses on theoretical issues and the
system of legal provisions on business and commercial dispute settlement
procedures at the Court of First Instance (District Court) as well as practical
application of business and commercial dispute settlement procedures at the
Court of First Instance. The thesis does not include research on first-instance
