Receiving bankruptcy law into Vietnam

Gillespie, John 2004, Receiving bankruptcy law into Vietnam, Australian journal of corporate law, vol. 16, no. 2, pp. 146-171.

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Title Receiving bankruptcy law into Vietnam
Author(s) Gillespie, John
Journal name Australian journal of corporate law
Volume number 16
Issue number 2
Start page 146
End page 171
Publisher Centre for National Corporate Law Research, University of Canberra
Place of publication Belconnen, A.C.T.
Publication date 2004-02
ISSN 1037-4124
Summary With assistance from foreign donors, countries in developing East Asia are rapidly replacing bureaucratic regulations with statutory norms mainly derived from international trade protocol (eg, WTO and AHA). Using imported legal norms, Vietnam enacted a Law on Business Bankruptcy (LBB) (Luat Pha San Doanh Nghiep) in 1993. By any measure, the [*2] transplanted bankruptcy principles have failed to take root. During the East Asian Economic Crisis (1997-2001) when non-performing business loans dramatically increased, cases heard by the bankruptcy courts in Vietnam declined. This article investigates the ways Vietnamese ideological, cultural and structural conditions have influenced the reception of the LBE. It is concluded that legal transfers are shaped more by political, economic and legal interactions, than by 'chance and prestige'.
Language eng
Field of Research 180106 Comparative Law
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
Collections: Faculty of Business and Law
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