Discussion on Contractual Liability in Sale of Goods Contracts in Vietnam: A Cisg Perspective

MA. Ly Vuong Khanh – University of Law, Vietnam National University, Hanoi

Abstract:

The 1980 United Nations Convention on Contracts for the International Sale of Goods (commonly referred to as the 1980 Vienna Convention or CISG) is one of the most significant international treaties governing global trade relations. For Vietnam, membership in the CISG represents an effective legal instrument that can enhance the integration of Vietnamese enterprises into international markets. Although Vietnam ratified the CISG in late 2015 to improve the legal mechanisms available for both domestic and international parties involved in concluding, performing, and resolving disputes related to international goods sale contracts, up to date, the principles of the CISG have not been widely recognized by Vietnamese courts and businesses. This paper endeavours to give an analysis of contractual liability under the 2005 Vietnamese Commercial Law from the perspective of the CISG. By highlighting similarities and differences, the article aims to provide insights for Vietnamese businesses and judicial bodies in selecting and applying appropriate laws for contract formation, execution, and dispute resolution.

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Keywords: The CISG, the 2005 Commercial Law, contractual liabilities, contract performance, suspension, termination.