THE LAM is pleased to introduce the article on the topic “Application of Equity in Civil Dispute Resolution in Vietnam”. It highlights that equity is applied when there are no specific legal provisions, customs, analogous laws, or case law to resolve a dispute.

🔹 Definition & Origin: The concept of equity—rooted in Roman law and developed through Western legal systems like the UK and Australia—is defined in Vietnamese law as reasonableness recognized by society, aligned with humanity, impartiality, and equality.

🔹 Legal Framework: While Vietnamese law references equity, it lacks a clear definition or consistent guidelines for application, leading to confusion and inconsistent interpretation by judges.

🔹 Case Examples: The article analyzes real court decisions where equity was used to resolve land and contract disputes, showing how moral reasoning supplemented legal gaps.

🔹 Challenges:

• Lack of legal clarity and guiding documents;

• Risks of subjective or arbitrary application by judges;

• Limited training and institutional safeguards.

🔹 Recommendations:

• Enact clear definitions and judicial guidance on equity;

• Develop control mechanisms to prevent misuse;

• Improve judge training and professional incentives.

📌 Conclusion: Equity offers a necessary tool to ensure fairness in cases where law is silent or inadequate. However, for effective implementation, Vietnam needs stronger legal frameworks, judicial guidance, and capacity-building.

Link PDF: Application of Equity in Civil Dispute Resolution in Vietnam

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