ABSTRACT
The second complicating factor arises from the application of the theory of renvoi in the Vietnamese private international law. In common law, this theory establishes that where the forum’s choice of law rules require the forum court to apply a foreign law, the forum court should apply the foreign law as a whole legal system, including the foreign choice of law rules.70 In Vietnamese law, renvoi is provided for under Art 827(3) of the Civil Code, which stipulates:
Thus, unlike the common law systems where the theory of renvoi is not applicable in the commercial area, Vietnamese private international law recognises renvoi in all circumstances where foreign law is applied. According to Decree 60-CP, renvoi is applicable:71
• where foreign law is applied by the Civil Code of Vietnam, or by other Vietnamese legal documents;
• where foreign law is applied by international conventions of which Vietnam is a member state; and
• where foreign law is applied in contractual relations by a valid choice of law agreement by contractual parties.
