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FIDIC Contracts in Asia Pacific - A Practical Guide to Application


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CHAPTER 21

Applying FIDIC contracts in Vietnam

Dr Donald Charrett practises in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of five books on construction law.

21.1

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Outline of the legal environment in Vietnam

21.1.1 The constitutional structure of Vietnam

Vietnam is a socialist republic state. Its birth was declared on 2 September 1945 as the Democratic Republic of Vietnam, which is now officially known as the Socialist Republic of Vietnam. The Constitution of Vietnam was first enacted on 9 November 1946 with amendments made respectively in 1959, 1980, 1992 and 2013. The latest 2013 version of the Constitution was passed on 28 November 2013 by the XIIIth National Assembly of Socialist Republic of Vietnam at the 6th Session. The contemporary Constitution includes 11 chapters with 120 articles. Notably, under Article 3 of the Constitution, the state shall guarantee and promote the people’s right to mastery; recognise, respect, protect and guarantee human rights and citizens’ rights; and pursue the goal of a prosperous society, strong democratic, equitable and civilised country, where all citizens enjoy an abundant, free and happy life for their comprehensive development.

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