| THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 04/2003/NQ-HDTP | Hanoi, May 27, 2003 |
RESOLUTION
OF THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT GUIDING THE APPLICATION OF A NUMBER OF LAW PROVISIONS TO THE SETTLEMENT OF ECONOMIC CASES
THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT
Pursuant to the Law on Organization of the People’s Courts;
In order to properly and uniformly apply law provisions to the settlement of economic cases, aiming to protect the legitimate rights and interests of involved parties, suitable to the practical situation of production and business activities in the present context;
After obtaining the consents of the Chairman of the Supreme People’s Procuracy and the Minister of Justice,
RESOLVES:
I. DETERMINING INVALID ECONOMIC CONTRACTS
1. Under the provision at Point b, Clause 1, Article 8 of the Ordinance on Economic Contracts, an economic contract shall be considered totally invalid when "either of the parties to the economic contract has no business registration as prescribed by law for the performance of the jobs agreed upon in the economic contract." When applying this provision, it is necessary to distinguish the following cases:
a/ In cases where upon entering into an economic contract, either of the involved parties has not yet obtained business registration and disputes arise between the involved parties in the course of performing the economic contract, and by the time such disputes arise, the party without business registration, when entering into such economic contract, still fails to obtain business registration for the performance of jobs agreed upon in the contract, such economic contract shall fall into the cases prescribed at Point b, Clause 1, Article 8 of the Ordinance on Economic Contracts and be considered totally invalid.
