Public policy in private international law in Vietnam

Abstract

Public policy is a crucial institution that guards Vietnam’s legal system from unacceptable infringements caused by the application of foreign laws or the recognition and enforcement of civil judgments and decisions of the foreign courts and foreign arbitral awards. Legal precedent has indicated that Vietnamese courts, however, have a propensity to overbroaden the application of the public policy rule. Vietnamese courts must, therefore, be more aware of the content and conditions for applying the public policy rule in each specific case in order to ensure the effectiveness and efficiency of private international law. This article clarifies the meaning and connotation of “public policy” and the challenges involved in implementing public order in Vietnamese private international law.