NGUYÊN TẮC THIỆN CHÍ TRONG BỐI CẢNH HỢP ĐỒNG DÂN SỰ TẠI VIỆT NAM

Abstract

The concept of good faith has been recognized as one of the fundamental principles of contract law in Vietnam. However, the definition of good faith appears too abstract, and the question need to be addressed is which criteria are used to determine whether a party has violated the principle of good faith in the context of a contract. This article will first provide a brief history of the principle of good faith in Vietnam. Then, the article will examine the provisions of the good faith principle in Vietnam Civil Codes to evaluate the criteria of this principle. Finally, the article will discuss whether a breach of good faith constitutes a serious breach of contractual obligations under Vietnamese contract law.