ASSIGNMENT TOPIC 1
Title:
Freedom of Contract in Construction Contracts: Legal Provisions and Practical
Application in Vietnam
Chủ đề khó
Objective:
Students will research and analyze the principle of freedom of contract in the context of
construction contracts in Vietnam. The assignment aims to assess students’ ability to interpret
legal texts, evaluate practical challenges, and apply academic legal writing standards.
** có thể phỏng vấn chuyên gia
** có những cái thu thập data: primary source and secondary source/data
ASSIGNMENT REQUIREMENTS
1. Group Work:
o This is a group assignment.
o Each group must consist of 3 to 5 students.
o Each group submits one final paper.
2. Structure of the Paper (ONLY A SUGGESTION, STUDENT MAY MODIFY):
Introduction
Introduce the general principle of freedom of contract in civil and commercial law.
Clarify the scope and objective of the paper: to examine how this principle is regulated
and applied in construction contracts in Vietnam.
Outline the key questions:
o To what extent can parties freely negotiate construction contracts in Vietnam?
o What legal or practical constraints exist?
o How does actual practice reflect or diverge from the legal rules?
Literature Review
Provide a critical overview of legal scholarship and studies related to:
o Freedom of contract in Vietnamese private law;
o Contract regulation in the construction sector;
o Commentary on public procurement, standard contracts, and technical
regulations.
Summarize comparative perspectives (if available) from jurisdictions with developed
construction law.
Highlight gaps in existing Vietnamese literature, particularly regarding the balance
between freedom and state control in infrastructure or public-interest projects.
Suggested sources may include:
o Vietnamese textbooks and commentaries on the Civil Code, Construction Law,
and Decrees (e.g. Decree 37/2015);
o World Bank or UN reports on public-private contracts and procurement;
o Academic journals on construction law, dispute resolution, and FIDIC contracts.
Legal Framework for Freedom of Contract in Construction
Analyze Vietnamese legal foundations:
o Civil Code 2015 (general principles of contracts);
o Law on Construction 2014 (amended 2020);
o Decree 37/2015/ND-CP on construction contracts.
Discuss how these laws recognize party autonomy, including types of terms subject to
agreement.
Legal and Practical Limitations
Examine the boundaries of freedom of contract in the construction context:
o Mandatory legal rules on safety, environment, insurance, quality control;
o Constraints in public procurement and state-funded projects;
o Use of standard contract forms (e.g., FIDIC, government-issued templates).
Role of public interest, technical complexity, and regulatory compliance in shaping
contractual freedom.
Practical Application and Case Analysis
Analyze how freedom of contract is exercised or limited in actual construction projects:
o Public vs. private projects;
o Domestic vs. foreign-invested contracts;
o Real-life disputes or court decisions involving contractual limitations or
enforcement.
Highlight challenges in negotiating, modifying, or enforcing construction contracts in
practice.
Comparative Perspectives (Optional)
Briefly discuss how other jurisdictions regulate freedom of contract in construction (e.g.,
UK, Singapore, or civil law countries).
Consider whether these models offer lessons for Vietnam.
Policy Considerations and Recommendations
Should Vietnam broaden or restrict freedom of contract in construction?
How to improve the current legal framework: flexibility, clarity, dispute resolution
mechanisms.
The potential role of standardized contracts (e.g., FIDIC) and professional contract
management.
Conclusion
Summarize key findings.
Emphasize the balance needed between legal certainty and contractual flexibility.
Propose areas for further legal reform or scholarly research.
.
3. Academic Standards:
o Proper citation using the OSCOLA referencing style (Oxford University Standard
for the Citation of Legal Authorities);
o References should include legislation, case law, academic sources, and practical
reports (in Vietnamese or English);
o Length: 3,000 to 5,000 words, excluding references;
o The paper can be written in English or Vietnamese (English preferred if
internationalization is part of the course requirement).
4. Submission Deadline:
*(To be determined by the instructor – e.g., by 11:59 PM on May 30, 2025, via the LMS
platform or class email)
ASSIGNMENT TOPIC 2
Title:
The Concept of Trust khái niệm này đến từ common law ( chế định tín thác - ở VN
chúng ta không có hoàn toàn Trust ) from the Perspective of Vietnamese Law: Legal
Recognition, Limitations, and Future Prospects
Muốn: dù VN không có, nhưng liệu ở các bộ luật khác của VN có có các khái niệm gần
giống hay không?
Objective:
This assignment invites students to explore the concept of trust—as widely recognized in
common law systems—through the lens of Vietnamese civil law. The paper should analyze
whether Vietnamese law accommodates similar legal instruments or principles, the challenges of
integrating trust-related mechanisms into the legal system, and whether reform is needed.
ASSIGNMENT REQUIREMENTS
1. Group Work:
o This is a group assignment;
o Each group must consist of 3 to 5 students;
o Each group submits one final paper.
2. Structure of the Paper (ONLY A SUGGESTION, STUDENT MAY MODIFY):
Introduction
Introduce the concept of trust in common law.
Present the research objectives and scope of the paper.
Highlight key legal questions and the relevance to Vietnamese law.
Literature Review
Summarize academic discussions and doctrinal views on trust law, both internationally
and in Vietnam (if any).
Discuss key works in civil law systems that examine the incorporation of trust-like
mechanisms.
Identify gaps in Vietnamese scholarship or legal research on this topic.
Possible sources:
o Legal textbooks, academic journal articles, comparative law studies, World Bank
or UN reports.
o Commentaries on Vietnamese Civil Code and financial laws.
Overview of Trust in Common Law
Definition, historical origins, and key principles.
Components of a trust: settlor, trustee, beneficiary, and the nature of fiduciary duties.
Applications: estate planning, charity, investment management, family wealth.
Vietnamese Legal Framework and Functional Equivalents
Analyze relevant provisions in the Civil Code 2015 and other laws.
Identify institutions with trust-like functions (e.g., guardianship, fund management,
agency, wills).
Discuss whether Vietnamese law allows for indirect use of trust concepts.
Practical Limitations and Legal Obstacles
Ownership law and the absence of dual ownership.
Enforcement issues and lack of legal certainty for beneficiaries.
Limited recognition of fiduciary principles in Vietnamese private law.
Examples of legal or practical confusion.
Comparative Perspectives
How countries like Japan, China, South Korea (civil law systems) have adopted trust
law.
Successes and challenges in adapting trust to civil law.
Can Vietnam follow a similar path? Under what conditions?
Policy Discussion and Reform Options
Should Vietnam formally recognize a trust regime?
Alternatives: improving existing institutions to replicate trust functions.
Legislative or academic recommendations for further exploration.
Conclusion
Summarize key insights and legal findings.
Reiterate the relevance of trust to Vietnam’s legal modernization.
Final remarks on the feasibility of integrating trust into Vietnamese law.
3. Academic Standards:
o Citation format: Must follow OSCOLA (Oxford University Standard for the
Citation of Legal Authorities);
o References should include legal codes, doctrinal writings, court cases,
international comparative law sources, and academic journals;
o Length: 3,000 to 5,000 words, excluding references;
o Language: English (or Vietnamese if permitted by the course).
4. Submission Deadline:
(To be announced by instructor – e.g., by 11:59 PM, May 30, 2025, via LMS or email)
3000 từ ( ko tính citation )
10-30 trang
