Giữa kỳ:

1. There are two methods to resolve the phenomenon of conflict of laws: conflict method and
substantive method:
- Wrong, because two methods to resolve the phenomenon of conflict of laws
are Build & apply uniform substantive norms → effective but hard to apply.
- Build and apply conflict norms
2. International treaties of which Vietnam is a member are the highest efficient legal source of
Vietnamesses PIL.
- Right, Because a source of law is only considered the most effective when Vietnam is a member.
3. “Lex Personalis” is only applicable to adjustment of personal relations.
- Wrong, “Lex Personalis” is not only applicable to adjustment of personal relations, it’s also
applied to regulate both personal and heritance relationship.
4. The nationality of a juridical person is always determined by the place where such judicial person
is established.
- Wrong, Because Civil law is based on the nation where the juridical person!s management center
is located. Common law is based on the place of establishment of the legal entity or the place of
registration of the legal entity is charter upon its establishment.
- Developing countries: based on where the legal entity products its principal activities.
5. Law chosen by the parties in international contracts shall be automatically applied.
- Wrong, b/c it must satisfy the conditions for selecting the new law to be applied (not contrast to
national law or convention).
6. The fact the parties choose the court of a country to settle disputes between the parties means that
the parties have chosen the law of that country to settle the dispute.
- Wrong B/c it is still possible to use the law of the relevant countries. Ex: Article 126 of law on
Marriage and family provides for the simultaneous application of law of Vietnam law of another
countries by of which the foreigner hold the nationality if the foreigner marries a Vietnamese
citizen in font of a competent authority of Vietnam

7. When solving the dispute of a civil relation with foreign elements, the court shall only apply
conflict regulations provided in it domestic law
- Wrong. “Lex rei estate” is always used to determine issues relating to the ownership of asset.
- Wrong, Because it prescribed for a number of relationship such as: distinguishing wether
property is immovable; change, termination,...
8. When a country waives a trial immunity, it also waives its immunity of enforcement measures.
- Wrong, B/c immunity from trial and immunity from execution are 2 completely different things
of judicial immunity.
9. VN recognizes case law as the main source of PIL
- Wrong, VN just recognizes international custom, national law, international treaties.
10. International treaties only have substantive regulations, and no conflict regulation.
- Wrong, b/c it based on legal form, it can be divided in to conflicting national law & International
treaties conflict rules, which means that International treaties haven’t only substantive rules but
also conflicting rules.
11. Foreign laws cannot be applied to slove legal conflict of rights and obligations of contractual
parties in cases contracts are signed and implemented fully in VN
 - Wrong.
12. A juridical person established in a foreign country can never be considered as a Vietnamese legal
entity.
- Right, according to clause 1, article 676: “the nationality of a juridical person is determined
according to the law of the established.
13. Foreign element is the only factor that distinguishes PIL from other field of law.
- Wrong, B/c it includes 2 factor: civil relations & Foreign element.
14. Bilateral conflict regulations cannot refer to the application of domestic law
- Wrong, B/c the rule does not specify which country's law is applicable, depending on each
specific case to choose the law of a particular country.
15. Substantive method is a method to settle dispute of civil relations with foreign elements.
- Right, using substantive method to directly govern civil relation having foreign element.
16. The purpose of public order reservation is to protect the principles of application of the domestic
law.
- Right, Reservation of public order is a legal measure to protect foundation of political,
economic,... if this principle is clearly stated, it will affect the regulation of civil relation, events
with foreign elements.
17. Vietnamese citizen are people who are residing in Vietnamese territory.
- Wrong, it can be foreigners with foreign nationality who live in VN territory and people who live
in aboard can be Vietnamese citizen b/c they have Vietnamese nationality.
18. International treaties are always prevail over Vietnamese law.
- Wrong, it just in case VN is member of that treaties.
19. A person, who currently has a Vietnamese nationality, cannot have any other nationalities.
Wrong, according to Article 4, Vietnamese nationality law: It except special case have nationalities in the
period they currently have Vietnamese nationality.
In the legal system of nation, the event of a decree that is inconsistent with a law, or a circular that is in
conflict with a decree is called “conflict of laws”.
- Wrong, b/c in the legal of a nation, this event is called “contradictory” not “conflict of laws”.

20. In the legal system of the USA, the event of the law of the states that is contradict each other; or
law of a State that is in conflict with the law of the Federation is a consider as a “conflict of laws”
governed by PIL.
- Right, because in fact, there maybe cases of conflict of law occuring within the some country,
which maybe due to the fact that within the federal state, each member has it own legislatives
authority, specifically here is the US.
21. Conflict of laws will arise whenever a civil relation with foreign elements occurs
-Wrong .Conflict of laws arises when the case has more than one system of law that can be
applied to adjust a civil relationship evolving foreign elements.
b/c conflict of laws arises when the case has more than one system of law that can be applied to adjust
a civil relationship evolving foreign elements.
22. Conflict of laws is a unique phenomenon of PIL.
- Right, because Conflict of laws is a fundamental attribute of PIL. When it comes to the PIL, the
first issues that come to mind is the Conflict of laws.
23. Conflict of laws will arise whenever law of different countries stipulate on specific issue.
- Wrong
24. Conflict of laws will arise whenever assets related to civil relations are located in a foreign
country.
- Wrong
25. Conflict method is a method to resolve the phenomenon of conflict of laws.
- Wrong, because to resolve the phenomenon of conflict of laws, we use substantive norms and
conflict norms.
- Public order reservation is a denial of foreign laws
- Wrong.Public order reservation is a legal principle that allows a country to deny the application
of foreign laws that are contrary to its own public policy. This means that if a foreign law violates
the fundamental principles of a country's legal system or its values, the country can refuse to
apply that law within its territory
26. The purpose of Public order reservation is to apply the law of the Court’s country.
- Wrong, b/c the purpose is to protect the public interest or to use the foreign law is contrary to the
basic principles of the law of the host country.
27. Public order reservation is a mechanism for legal and reasonable rejection of foreign laws.
- Right b/c when you making the public reservations, that mean the foreign laws is against the
public order come to your country.
28. Foreigner means persons who do not have Vietnamese nationality.
- Right, b/c according to the meaning of “Foreigner” that meant the persons without Vietnamese
nationality, including persons with foreign nationality and stateless persons.
29. Foreigner rare persons who reside outside Vietnam’s territory.
- Wrong, b/c people who living outside the other countries still have case of being Vietnamese
when they are studying, traveling,... abroad.
30. In VN, an individual’s legal capacity is always determined according to the law of the country of
with such individual have nationality.
- Wrong.
31. When operating in a country, foreign juridical person only comply with the law of such country
regarding there activities.
- Wrong, when operating in a country, foreign juridical persons can be governed by at least two
system law: The legal system of the country the legal person has nationality and The legal system
of country in wich the legal person conducts business.
32. A Juridical person may have multiple nationalities.
- False. A legal person just has a nationality, is the country where the legal person is established,
headquartered, and concentrates its activities.
33. According to Vietnamese law, the legal capacity of a foreign juridical person is determined
according to the law of the country where is established.
- Wrong.
34. A nation is a special subject of PIL.
- Right because when a states , government, or an equivalent entity establishes relations with
foreign elements with individual and legal entities, this subject is considered a special subject of
PIL.
35. The most favor nation principle is applied to formulate civil legal statutes for foreigners in all
relation of PIL.
 - Wrong, just about relations in the field of international commerce, navigation, and aviation of
PIL.
36. Nation immunities only include juridical immunities.
- Wrong, it also have immunities for state - owed poverty.
37. When a country waives a trial immunity, it waives a judicial immunity.
- Wrong, b/c a country waives atrial immunity, it does not mean it will wavies a judicial
immunity.
38. PIL and Civil Law have the same object of application
- Wrong, the object of application in PIL have “Foreign element” but the Civil law don't, they just
have the civil relation that happen in their country.
39. PIL is a branch of International public law system.
Wrong, because the Public law is the legal system includes the totality of International legal principles
and norm agreed upon by states and other subjects of International law and the PIL is about Civil
relations having “foreign elements”.
40. PIL and International public law have the same method of application.
- Wrong, the PIL’s method are indirect and direct method but the international public law ’s
method just have direct method.
41. A conflict norm is a reference regulation
- Right because in the conflict norm we will see the parallelism between substantive regulations
and conflicting norms in legal regulation when the conflict norm refers to a specific legal system.
42. Conflict norms are specific characteristic of PIL.
- Right, because the conflict norms is a specific type of the PIL.
43. Conflict norms always refer to the application of foreign laws.
- Wrong, b/c the conflict norms also depend on the scope part indicates the context, conditions and
relationships that the law governs in the host country.
44. Unilateral conflict norm cannot refer to the application of the law of their own country.
- Right, because the rule that indinates in that particular case with country’s law should be applied.
45. Bilateral conflict norms cannot refer to the application of the law pf their own country.
- Wrong, b/c the rule does not specific which country’s law is applicable, depending on each
specific case to choose the law of a particular country.
46. Unilateral conflict norms are always imperative conflict norms
- Wrong. It only applies where there is no uniform conflict rule.
47. Imperative conflict norms are always unilateral conflict norms.
- Wrong, because it can be unilateral or bilateral conflict norms.
48. In case two nations have a mutual legal assistance treaty, when a court of one nation solve a civil
case involving foreign elements between the two nations, the court mentioned shall always apply
this mutual legal assistance treaty to determine the system of law (substantive law) governing the
case at hand.
- False. Because mutual legal assistance treaties are not always including the system of law
(substantive law) to the related court to govern the case at hand, in case mutual legal assistance
treaties do not have harmonising conflict of law rules, domestic conflict rules must be applied to
choose substantive law.
49. In all cases, a legal person is not entitled to suit a nation to a foreign court to settle the dispute
between such legal person with the nation.
- False. Although a nation/state has state immunity, if a legal person wants to sue a nation, they can
depend on the consensus between the legal person and nation in their contracts which mention
their responsibility at an arbitral authority.
50. A stateless person cannot be a subject of private international law.
- False. Because stateless persons can still engage in civil relations with foreign entities, they can
still be governed by international law depending on Art 672.CC2015 “Bases for choice of law
applicable to stateless persons”.
51. Unified conflict of law rules is used by national courts to settle a civil case involving foreign
elements.
- False. Unified conflict of law rules is a part of the conflict of rules which are not applied to
settle any case. They are only used to help the court to choose the substantive law to apply with
each case.
52. When Vietnamese domestic conflict of law rules (regulated in Vietnam Civil Code 2015) refers to
foreign law of another country, Vietnamese courts shall always apply substantive law of such
country to govern a civil case involving foreign elements.
- False. Because Vietnam recognises the doctrine of single renvoi, under which a reference to the
law of a country shall mean a reference to the whole of its law, including conflict of law rules and
substantive law.
53. In case Vietnamese conflict of law rules refer to a system of law of another country but such law
(the foreign law) is not compatible with Vietnamese substantive law, then Vietnamese court can
refuse to apply such foreign law.
- False. Depend on Art 670.CC 2015 about “Non-application of foreign laws”, foreign law is
referred to, shall not apply but the case that not compatible with Vietnamese substantive law, if
this substantive law is not consistent with the fundamental principles of the law of Vietnam,
Vietnamese court can apply such foreign law.
54. When a foreign claimant brings a lawsuit – a civil case involving foreign elements – against a
Vietnamese defendant to a Vietnamese court, such court shall always decide to settle the case.
- False. In some cases, the Vietnamese court has no decision in settling the case. For instance,
according to the Article 472.1 CPC 2015, both claimants and dependents choose the foreign court
to address the lawsuit, that’s when the Vietnamese court cannot interfere.
55. Private international law and Public international law have the same method of application.
- False. Public and private international law have the method of substantive law, but private
international law also has indirect regulations (conflict law).
56. If Vietnamese courts, according to Vietnamese Civil Procedure Code 2015, have exclusive
jurisdiction over a civil case involving foreign elements, other foreign courts when face the case
shall have obligations to refuse their jurisdictions.
- False. According to Art. 470 CPC, the exclusive jurisdiction over a civil case involving foreign
elements has just legally bound Vietnamese courts. Because jurisdictions between countries are
equal and independent, foreign courts have jurisdiction to face the case. However, Vietnamese
courts will not recognize and enforce the judgment.
57. In case a Vietnamese court considering to recognize an enforce foreign judgment finds out that
such judgment has mistaken in applying and interpreting the substantive law, the Vietnamese
court shall refuse to recognize and enforce the case.
 - False. If the foreign judgment doesn't contradict basic principles of the Socialist Republic of
Vietnam or doesn't belong to any case of the principle of refusing to recognize and enforce
foreign judgment of Vietnamese law, the Vietnamese court shall recognize and enforce the case.

58. In case a foreign judgment has been refused to recognize and enforce in a third country’s court
(a court in a country other than the country rendered the judgment), if such foreign judgment,
after that, are requested to recognize and enforce in Vietnam, Vietnamese courts shall also refuse
to recognize and enforce a foreign judgment.
- False. If the foreign judgment doesn't contradict basic principles of the Socialist Republic of
Vietnam or doesn't belong to any case of the principle of refusing to recognize and enforce
foreign judgment of Vietnamese law, the Vietnamese court shall recognize and enforce the case.
Besides, the courts of each country have different viewpoints (opinion).
59. Laws chosen by the parties in international contracts shall be automatically applied.
-
60. International treaties of which Vietnam is a member are the highest efficient legal source of
Vietnamese private international law.
- Right. Therefore, international treaties are always priorly applied to choose the law in any
particular case. Besides, according to Art 664 of CC 2015, the first step of the order of
application to the source of private international law is “Applicable law is determined according
to international treaties of which Vietnam is a member”.
61. “Lex Personalis" is only applicable to the adjustment of personal relations.
- Wrong. Lex Personalis is also applicable to the adjustment related to legal persons.
62. All inheritance relations involving foreign elements related to property which is real estate must
be settled according to the law of the country where such real estate is located.
- Right. According to Art 680.2 of CC 2015, in inheritance relations, the place (state) where the
real estate is situated is also the place (state) in which its law of shall be applied.
63. Compensation for torts shall always be determined according to the law of the country where the
act causing damage is committed.
- Wrong. Compensation for torts can be determined according to the law of the country where the
act causing damage is committed (lex loci delicti commissi), however, in some cases,
compensation for torts shall also be determined according to the law of the country where the
damage happened (lex damni).

64. Under the provisions of Vietnamese law, the conditions of marriage of a foreigner in Vietnam
shall only be in accordance with the law of Vietnam.
- Wrong. According to Art 126.1 of Vietnamese family law 2014, the foreigner has also comply
with the law where he/she has nationality about the conditions of marriage.
65. When a country disclaims its right of trial immunity, that country has also disclaimed the right to
judicial immunity.
→ False because in judicial immunity (special legal status of the country) includes:
- Immunity from trial; The right to immunity from the preliminary security of the case;
Right to immunity from coercive judgment enforcement; The right to exempt property
owned by the state
So denying Judicial Immunity does not mean denying Judicial Immunity
66. According to Vietnamese law, the nationality of a legal entity is always determined by the place
where the legal entity was established.
- Right. According to Art 676.1 of CC 2015, “Nationality of a legal person is determined according
to the law of the country where the legal entity was established”.
67. Countries only recognize the application of foreign laws in regulating civil relations involving
foreign elements.
- False,
68. Foreign element is the only factor that distinguishes private international law from other fields
of law.
-
69. Ownership of property having foreign elements, in any case, must be resolved in accordance with
the law of the country where the property is located.
70. There are only two methods to solve the civil relations with foreign elements: conflict method
and substantive method.
71. The decision of the foreign arbitrator shall be effective in the territory of a country in case such
decision has been recognized and enforced by the local court.
72. Where the laws of countries provide differently on a particular issue will cause conflict of laws.
73. The CISG 1980 naturally applies to contracts for the purchase and sale of goods between
Vietnamese individuals/ organizations and English individuals/ organizations.
74. The fact that the parties choose the court of a country to settle disputes between the parties means
the parties have chosen the law of that country to settle the dispute.
75. According to Vietnamese law, “Lex rei sitae” is applied to determine the ownership of the party
being transported (on-the-way property).
76. If two Vietnamese citizens get married in a foreign country, their marriage shall always be a
marriage involving foreign elements.
77. Compensation from torts is always determined by the law where damaging behavior occurrred.
- Wrong. Compensation for torts can be determined according to the law of the country where the
act causing damage is committed (lex loci delicti commissi), however, in some cases,
compensation for torts shall also be determined according to the law of the country where the
damage happened (lex damni).

78. When solving civil cases involving foreign elements, the court shall only apply conflict rules
provided in its domestic law.
79. Marriage and family relations shall be regarded as having foreign elements when and only there
is at least one of the parties a foreigner or a Vietnamese residing overseas.
80. When the Vietnamese courts have jurisdiction over divorce cases involving foreign elements, the
courts shall always apply the Vietnamese law.
81. Private international law and civil law have the same content of inheritance.
82. Under Vietnamese law, divorce between two foreigners permanently residing in Vietnam shall be
settled in accordance with the law of the country which such couple have nationalities.
COMPARISON
PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW

Subject Nation Foreigners; foreign legal persons (foreign

corporations); state – a special subject

Scope Issues arising in relations between states The choice of law (determine a rule)
Jurisdiction of the court (cases involving
foreign elements)
Decisions on recognition and
enforcement of judgments of foreign
courts

Adjustment Relations between countries Civil relations with foreign elements

object

Adjustment Rules and regulations on the rights and Indirective adjustment method
method obligations of the country Directive adjustment method

Source International treaties International treaties

International custom National Law
Few international customs

Indirective adjustment method Directive adjustment method (using

(using conflict of law rules substantive law method)
method)

Advantages Easier to build NATIONS that build Easy to apply, fast and effective in
their own impulses have their own dispute resolution
system of impulse laws
Ensuring equality between countries
and entities having relationships with
foreign elements
 Disadvantages It's complicated, difficult to apply, Difficult to build, a lot of imposition, a
takes time, and is ineffective small number of actual rules
Causing difficulties when
individuals or competent agencies
have to apply foreign laws

Conclusion Popular method => There are large Effective method => Lack of substantive
and complex rules, so it is not rules to apply
effective

Which method is more effective than the other in solving the conflict of laws? Why?
→ Directive adjustment method is considered more effective in solving the conflict of
law because of their swiftness and simple application in a lot of cases, this can
increase the efficiency of solving conflict problems.
Can the indirective method be applied in public international law? Why?
→ The indirective method cannot be applied in public international law. As the public international law
only uses the substantive lă to regulate while indirective adjustment method use the conflict of law rules to
regulate the foreign element relation. The substantive method regulates rights and responsibilities of a
country. Besides, the public international law considers international treaties as a main source ensuring the
common and exclusive interests of each country which include mutual rules among countries, so they don’t
need to use the conflict of law rules to choose a law system.
Court Arbitration

Authority to State power Agreement of the parties based on

solve Decision of national law arbitration agreement

Litigation Decisions in domestic law of the Agreement of the parties, if there is no

2015 civil procedure code that the agreement, then according to domestic
national courts must comply with law or the rules of the arbitration center

Judgment Court-appointed judges Arbitrators are selected by agreement of

panel the parties, if the parties do not agree, the
arbitration center shall be appointed

Language and Local language Agreed by the parties

place of At the court where the settlement
settlement

Security Open and transparent Confidentiality

 Validity of Can be appealed, protested to many Final and binding, can not be appealed,
court levels of court called final
judgments

Recognition Based on Mutual Legal Assistance Based on international treaties: New York
and Agreement Convention 1958 (NYC), agreement on
enforcement If there is no Mutual Legal recognition and enforcement of foreign
of judgments Assistance Agreement, on the arbitral awards
principle of reciprocity. Member States commit to arbitral awards
Vietnamese law in other Member States

Why should we choose arbitration over courts to settle disputes involving foreign elements?
● Convenient navigation and language selection
● Confidentiality
● Final and binding, can not be appealed, called final: Save time
● Using International Treaties: creating a national network to ensure that when the award is made,
there is a mechanism for enforcement
● Neutral forum and neutral tribunal
Question:
1. Why are MLAAs only bilateral?
Private relationships are difficult to find common ground; they require a large degree of concession and
high commitment, so only countries with close relations can share the same LAA.
2. Why are there so few "common" substantive law rules?
Violating international law on sovereignty.
3. The reason for building uniform substantive regulations in the field of commercial business
- commercial business is popular; relatively similar across countries; create great value for the
country.
- facilitation of relationships; Reduce risks and costs on legal issues
4. In a relationship with a foreign element governed by international law, there is always at least one
party to the subject who is a foreign natural or legal entity.
False. Because there are cases where the relationship is not necessarily the subject on which the
relationship occurs or where the object is established, performed, or terminated in a foreign country.
5. Is a foreign-invested Vietnamese enterprise a foreign legal person?
No.
6. In the event that the Vietnamese Court has separate jurisdiction (Article 470 CPC 2015), the parties will
not be able to initiate a lawsuit in a foreign court.
False. Foreign courts are not bound by Vietnamese law; foreign courts have the right to accept and settle
cases. But if the judgment is brought to Vietnam, the Vietnamese court will determine that it is within the
exclusive jurisdiction of Vietnam and not recognize and enforce that judgment.
7. In the case of foreign procedural law, if the court in that country has no jurisdiction to settle the case but
still deliberately accepts and issues a judgment, will the judgment be recognized and enforced in
Vietnam?
Vietnam still recognizes and enforces the judgment if it does not fall into the category of cases where it
must refuse to recognize and enforce the judgment of a foreign court.
8. If a Vietnamese court receives two judgments on the same case from courts in different countries, will the
Vietnamese courts recognize and enforce them?
The judgment that takes legal effect first will be prioritized for recognition and enforcement by the
Vietnamese court.
9. When a Vietnamese court considered recognizing the judgment of a foreign court, it was found that the
foreign court had made a mistake in the application of Vietnamese law. Did the Vietnamese court refuse
to recognize the judgment?
The Vietnamese courts will still recognize it if it does not violate the basic principles of Vietnamese law.
10. In case the losing party does not comply with the judgment, the prevailing party can bring the judgment to
the place where the paying party has property to reclaim (the country), from the place with the most
assets.

-
1. Laws chosen by the parties in international contracts shall be automatically applied.
FALSE. The parties' choice of law must be valid and applicable to the contract in order to be
applied by the court or arbitral tribunal.
2. International treaties of which Vietnam is a member are the highest efficient legal source of
Vietnamese private international law.
TRUE. International treaties that Vietnam has ratified are incorporated into Vietnamese law and have the
same legal effect as domestic laws. They are the highest efficient legal source of Vietnamese private
international law.
3. "Lex Personalis" is only applicable to the adjustment of personal relations.
FALSE. "Lex Personalis" is applicable not only to personal relations but also to property relations and
succession.
4. All inheritance relations involving foreign elements related to property which is real estate must be
settled according to the law of the country where such real estate is located.
TRUE. The law of the country where the real estate is located governs the inheritance relations involving
foreign elements related to that property.
5. Compensation for torts shall always be determined according to the law of the country where the act
causing damage is committed.
FALSE. The law of the country where the tort occurred is the general rule for determining the
compensation for torts, but the law of the country where the harm occurred or where the parties have their
habitual residence or domicile may also apply under certain circumstances.
6. Under the provisions of Vietnamese law, the conditions of marriage of a foreigner in Vietnam shall
only be in accordance with the law of Vietnam.
TRUE. The conditions of marriage of a foreigner in Vietnam are governed by Vietnamese law.
7. When a country disclaims its right of the trial immunity, that country has also disclaimed the right to
the judicial immunity.
FALSE. Trial immunity refers to the immunity of a state from being sued in the courts of another state.
Judicial immunity refers to the immunity of judges or other court officials from being sued for actions
taken in their official capacity. These are two separate legal concepts.
8. According to Vietnamese law, the nationality of a legal entity is always determined by the place where
the legal entity was established.
TRUE. The nationality of a legal entity is determined by the law of the country where it was established.
9. Countries only recognize the application of foreign laws in regulating civil relations involving foreign
elements.
FALSE. Countries may also recognize the application of foreign laws in regulating criminal matters or
other types of cases involving foreign elements.
10. Foreign element is the only factor that distinguishes Private International Law from other fields of
law.
FALSE. Foreign element is an important factor, but not the only factor that distinguishes Private
International Law from other fields of law. Other factors include the diversity of legal systems, the need
for rules to govern international transactions, and the protection of individuals' rights in cross-border
situations.
11. Ownership of property having foreign elements, in any case, must be resolved in accordance with the
law of the country where the property is located.
TRUE. The law of the country where the property is located governs the ownership of property having
foreign elements.
12. There are only two methods to solve the civil relations with foreign elements: conflict method and
substantive method.
FALSE. The two main methods of Private International Law are the conflict of laws method and the
choice of law method.
13. The decision of the foreign arbitrator shall only be effective in the territory of a country in case such
decision has been recognized and enforced by the local court.
TRUE. The decision of a foreign arbitrator is only effective in the territory of a country if it has been
recognized and enforced by the local court.
14. Where the laws of countries provide differently on a particular issue will cause conflict of laws.
TRUE. Differences in the laws of different countries on a particular issue can cause a conflict of laws.
15. The Vienna Convention on International Sale of Goods (CISG) 1980 naturally applies to contracts for
the purchase and sale of goods between Vietnamese individuals/organizations and English
individuals/organizations.
TRUE. The Vienna Convention on International Sale of Goods (CISG) 1980 applies to contracts for the
purchase and sale of goods between parties from different countries, including contracts between
Vietnamese and English individuals/organizations.
16. The fact that the parties choose the court of a country to settle disputes between the parties means that
the parties have chosen the law of that country to settle the dispute.
FALSE. The fact that parties choose a court to settle disputes does not necessarily mean that they have
chosen the law of that country to settle the dispute. The law that applies to the dispute will depend on the
applicable conflict of laws rules.
17. According to Vietnamese law, "Lex rei sitae" is applied to determine the ownership of the property
being transported (on-the-way property).
TRUE. "Lex rei sitae" is applied under Vietnamese law to determine the ownership of on-the-way
property, which is property being transported.