Opinion — Viet Nam showcases Proactive Cooperation in the ASEAN Law Ministers Meeting

In response to the ALAWMM’s discussions involving principles of law, Viet Nam’s Representative has highlighted respecting sovereign law, upholding Viet Nam’s core beliefs.

The Vietnamese Representative in the ASEAN Law Ministers Meeting has effectively and proactively fleshed out Viet Nam’s various interests in the ASEAN Law Ministers Meeting. The showcasing of Viet Nam’s previous successes of the existing VIAC has allowed for Viet Nam’s proactive cooperation with Timor Leste to maintain ASEAN’s principles of non-interference, regional workshops, and capacity building are all great examples of Viet Nam’s continued commitment in the regional sphere.

Viet Nam’s Previous Policies on Law 

Emphasised in the Representative of Viet Nam’s Opening Speech, Viet Nam has implemented highly effective internal policies like the Viet Nam International Arbitration Centre (VTAC) under Decision No. 2044/TTg in 1993 by the honourable Prime Minister Phạm Văn Đồng, the 1995 Ratification of the New York Convention, and the 2010 Amendment of the Law on Commercial Arbitration, which have all successfully promoted justice for business not just internally but internationally. 

The VTAC’s reach and effectiveness include: Arbitral Awards rendered by its Arbitral Tribunals being final and enforceable within both Viet Nam and over 170 countries2, and the VTAC successfully resolving disputes from 63 states and territories, and 50 provinces in Viet Nam3. As Viet Nam actively expands this further, there is no doubt that the VTAC would be extremely effective in streamlining the exequatur process, which would benefit ASEAN greatly. 

Internationally, Viet Nam, as mentioned by the Vietnamese Representative, has pushed for unilateral cooperation on the exequatur, which has been highlighted by Viet Nam’s honouring of the New York Convention, further reaffirming Viet Nam’s recognition and enforcement of arbitration agreements and awards made in other contracting states4, thereby showing Viet Nam’s commitment to promoting international trade and dispute resolution, demonstrating Viet Nam’s usage of cooperation to confidently enter into the globalised 21st century. 

Viet Nam’s strong history of multilateralism, cross-border cooperation, respect, and success in resolving disputes globally positions Viet Nam as a valuable member of the ASEAN Law Ministers Meeting, with Viet Nam’s illustrious history being a strong indicator of Viet Nam’s potential in playing a key role in the ASEAN Law Ministers Meeting. 

Representative of Viet Nam’s Insightful Solutions

Minister of Justice Le Thanh Long at the previous ASEAN Law Ministers Meeting, 2018

Steadfast in aims, the Vietnamese Representative at the meeting had proposed a few brilliant ideas, such as streamlining legal harmonisation by harnessing the VIAC ASEAN-wide, conducting regional workshops for capacity building, and maintaining the ASEAN principles of non-interference. 

Harnessing the VIAC ASEAN-wide has been a symbolic success in the ASEAN Law Ministers Meeting, as representatives from a wide variety of countries, including Timor-Leste, expressed their continued support in the collaboration with Viet Nam’s meaningful solution, expanding it to their own country, showcasing the collaboration of Viet Nam and other ASEAN states. 

As Viet Nam’s Representative stated, ‘the rationale for Viet Nam supporting the ASEAN-wide arbitration council is due to its incredible transparency’. The Vietnamese representative’s wisdom to not only implement an ASEAN-wide oversight council but also ensure its transparency for Viet Nam’s security is admirable and hopefully will be continued in future council sessions. 

Viet Nam’s Representative has also rallied the support of other states, with detailed and prosperous plans for greater collaboration in assisting other ASEAN states. Of these include capacity-building and regional-training workshops, aimed at enhancing mutual understanding and fostering more plentiful collaboration between Viet Nam and other countries. Countries such as the Russian Federation, inspired by Viet Nam’s proposed solutions, have also made their own revisions and pledged support to ASEAN, in monetary funds and experienced educators for workshops to foster greater collaboration. 

Through the dedicated work of the Vietnamese Representative, a consensus was formed by the ASEAN council that a principle of non-interference should be upheld, tying in to Viet Nam’s belief that all regional policies should respect the sovereignty of individual nations. A solution proposed by Viet Nam’s representatives and others, the establishment of an advisory council to advise rather than establish policies, was implemented. The advisory council is to give suggestions and advice, and each individual nation’s judicial system can decide whether to adopt it.

May future council sessions be a great success, opening new doors of cooperation between Vietnam and other countries.