Dr. PHAN Hoai Nam

Surname:

PHAN

First Name:

NAM, HOAI

Date of Birth:

13 July 1982

Academic Qualification:
  1. 2005: Bachelor of Law (Honours), Ho Chi Minh City University of Law (HCMULAW), Vietnam;
  2. 2009: Master of Research of Law, Lund University – Ho Chi Minh City University of Law (HCMULAW), Sweden and Vietnam;
  3. 2019: Doctor of Philosophy in Law, Economic Law, Ho Chi Minh City University of Law (HCMULAW), Vietnam.

Venia Legendi

(qualification to teach):

Private International Law and Comparative Law.


Further Qualifications:

N/A



At the Higher Education Institution (to be accredited) since:

2019

Level of Employment (part-time or full-time):

Full-time Lecturer

Teaching Focus:
  1. Private International Law;
  2. Comparative Law;
  3. The Legal Systems of Asean Countries;
  4. Skills in negotiating, drafting and signing international commercial contracts;
  5. Law on mutual legal assistance;
  6. Logistics Law.

Interdisciplinary Aspects:
  1. Economic cooperation between/among states and legal policies;
  2. International economic integration, globalisation and legal policies.

Activities in the Areas:


  • Further Education

Certifications for:

“Professional Title of University Lecturers”, trained by the Institute for Educational Research, Ho Chi Minh City University of Education (HCMUE) in 2018.
  • Research

Research Projects:

  1. 2017: Member of Comparative Law Study Guide/monograph/Phan Hoai Nam, Tran Ngoc Ha..., Labor Publishing House
  2. 2020: The Author of monograph: "Resolving business and commercial disputes with foreign elements in Vietnamese Courts - Jurisdiction and applicable law", City National University Publishing House. Ho Chi Minh, republished in 2021.
  3. 2021: The Author: “Private International Law - Questions and Situations", City National University Publishing House. Ho Chi Minh ,republished in 2023.
  4. 2022: Member of monograph: " Private International Law "/the Author Associate Professor, PhD. Le Thi Nam Giang, City National University Publishing House. Ho Chi Minh.
  5. 2022: Member of monograph: "Trading greenhouse gas emissions - From traditional institutions to new generation FTs of Vietnam", in monograph: "Environmental and labor commitments in commitments Vietnam's strategy" The Author: Associate Professor, PhD. Tran Thi Thuy Duong and Associate Professor, PhD. Tran Viet Dung, Hong Duc Publishing House.
  6. 2023: Member of monograph: "International Trade arbitration - Contemporary issues and Vietnamese practice", The Author: Associate Professor, PhD. Tran Viet Dung – Associate Professor, PhD. Ngo Quoc Chien, Publishing House. National University City. Ho Chi Minh
  7. 2017: Member of Ministerial-level Scientific Research Project: "Research to perfect the legal system of Private International in Vietnam", Leader: Dr. Le Thi Nam Giang;
  8. 2018: The principal investigator the School-level scientific research project "The 2005 Hague Convention on Choice of Court Agreements - The possibility of Accession of Vietnam";
  9. 2019: Member of school-level scientific research project: " Jurisdiction Limitation of Vietnamese Courts in resolving Civil Cases with Matters Involving Foreign Elements", Leader: MSc. Nguyen Le Hoai;
  10. 2021: The principal investigator the School-level scientific research project “Law has the closest relationship with contracts with Foreign Elements according to EU, US and Vietnamese law";
  11. 2023: Member of school-level scientific research project: "The issue of determining the applicable law incompensation for non-contractual damages with foreign elements according to the laws of Vietnam and some countries", Leader: MSc. Phung Hong Thanh
  12. 2023: Member of Ministry-level Scientific Research Project: Research and development major policy orientations to serve the amendment and supplementation of The Notary Law (Ministry of Justice - July 2023)

Consultancy

Academic consultations:

  1. Course instructions for master and bachelor students;
  2. Academic coordination/facilitation for bachelor students; and
  3. Supervision of students’ research projects and dissertations.

How are personal research activities reflected in teaching activities?

My personal research is reflected in teaching activities as follows:

  1. Cases analysed in my research are integrated in lectures in order to situate ideas within practical managerial contexts and bridge the gap between theory and practice;
  2. Problem questions raised in my research become discussion topics in class so as to insprire students to integrate knowledge into real life examples; and
  3. Literature review and my research enrich reading material given in class.



Work experience:


  • General

Academic positions: Lecturer, Researcher.

Years of exprerience: Almost 18 years (2005-2023).
  • Activities as an Expert:

Presentations at the conferences and workshops:

  1. 2011: Phan Hoai Nam and Do Van Dai, “The jurisdiction of Vietnamese Courts over contracts with foreign elements” at the Scientific conference celebrating the 15th anniversary of the school's founding.
  2. 2011: Phan Hoai Nam and Huynh Thi Thu Trang, “Experience in receiving benefits from the activities of projects supporting educational development in Vietnam - from the practice of the SIDA project at Ho Chi Minh City University of Law”, International conference on "Pedagogical experience and change" in Ninh Binh.
  3. 2016: Phan Hoai Nam and Tran Thi Thu Nga, “Food Safety and International Justice: Dispute Resolution Based on Product Traceability System”
  4. 2017: Phan Hoai Nam, “Resolve environmental damage compensation disputes involving foreign elements at Court according to the laws of Vietnam and other countries”, International conference at Ho Chi Minh City University of Law.
  5. 2021: Phan Hoai Nam, Le Minh Nhut and Tran Thi Tu Linh, “Regulations of EVFTA, CPTPP on trading greenhouse gas emission rights and Vietnam's challenges, workshop: “Implementing trade agreements New generation freedom in Vietnam: challenges in the fields of labor, environment and intellectual property”.
  6. 2023: Phan Hoai Nam, Tran Ngoc Ha and Tran Thi Ngoc Ha , “Experience of some countries in implementing commitments and enforcing labor standards in New Generation Free Trade Agreements”, International Conference: "Labor commitments in new generation free trade agreements and ILO international labor standards for Vietnam" organized by Ho Chi Minh City University of Law. Ho Chi Minh City, Ministry of Labor, Invalids and Social Affairs and ILO jointly organized on April 26, 2023.
  7. 2023: Phan Hoai Nam, “From traditional notarization to electronic notarization for real estate transactions in Japan - Some suggestions for Vietnam, School-level workshop: “Ensuring legal safety in real estate transactions” organized by Ho Chi Minh City University of Law has coordinated with Ho Chi Minh City Notary Association.

Supervision of Students’ Research Projects and Theses in Vietnamese and English:

  1. 2021: Do Hoang Phuong Linh, Bach Ngoc Van, Pham Minh Chuyen and Hua Thi Thu Hien, “Risks Associated with Taxi Services Provided by Sharing-Economy Companies for Passengers, Experience from Other Jurisdictions and Implications for Vietnam” (Research Project in Vietnamese);
  2. 2021: Tran Le Ngoc Nhu, “Legality of Electronic Signatures for Cross-border E-commerce Transactions” (Bachelor's Thesis in Vietnamese);
  3. 2021: Do Hoang Phuong Trang, “The Proportionality in FET-based Cases: Dispute Settlement Practice and Implications for Vietnam" (Bachelor's Thesis in Vietnamese);
  4. 2022: Vu Thi Duc, “Grounds for Legitimate Expectations of Foreign Investors in Dispute Settlement Practice” (Bachelor's Thesis in Vietnamese);
  5. 2022: Nguyen Vu Thuy Quynh, “The Doctrine of Compétence-Compétence in International Commercial Arbitration” (Bachelor's Thesis in English);
  6. 2022: Tran Thi Mai Hong, “The Doctrine of Frustration: its Manifestation in English and Vietnamese Contract Law” (Bachelor's Thesis in English).
  7. 2023: Than Hai Nhat Minh, “Legal Liability Related to Artificial Intelligence Use in Health Care in the United States and Vietnam” (Bachelor's thesis in Vietnamese);
  8. 2023: Nguyen Huong Giang, “Arbitration Jurisdiction to Settle Disputes Arising from Contracts between Public and Private Parties in Vietnamese Law and Other Jurisdictions” (Bachelor's Thesis in Vietnamese); and
  9. 2023: Trinh Phuong Thao, “Notification Thresholds for Economic Concentrations in Vietnamese Law and Other Jurisdictions” (Bachelor's Thesis in Vietnamese).

Other Activities

  1. Examination of Research Projects and Theses in Vietnamese and English; and
  2. Peer Review in Vietnamese and English, Science & Technology Development Journal (STDJ), Vietnam National University, Ho Chi Minh City, Vietnam.
  3. Instructions in the training course “Enhancing Knowledge and Skills for International Dispute Settlement” for local government officers, hosted by the Judicial Academy, Vietnam in 2022.

Publications:

Chapters in Published Books:

  1. 2017: Phan Hoai Nam (member), “Guide to comparing law sets”, Labor Publisher;
  2. 2020: Phan Hoai Nam, “Resolving business and commercial disputes with foreign elements at Vietnamese Courts – Jurisdiction and applicable law”, Vietnam National University Publisher, reprinted in 2021.
  3. 2021: Phan Hoai Nam, “International Justice - Questions and Issues”, Vietnam National University Publisher, reprinted in 2023.
  4. 2022: Phan Hoai Nam (member), “International Justice”, Vietnam National University Publisher.
  5. 2022: Phan Hoai Nam (member), “Trading of greenhouse gases - From Vietnam's new generation FTs transmission equipment” in Thi Thuy Duong and Tran Viet Dung, “Environmental and labor commitments in strategic commitments of Vietnam”, Hong Duc Publisher.


Published Journal Articles:

  1. 2011: Phan Hoai Nam and Nguyen Thi Bich Ngoc, “Special functions of the French Court”, Legal Sciences Journal, No.2(63)/2011;
  2. 2012: Phan Hoai Nam, “Jurisdiction of Vietnamese Courts over civil cases with foreign elements”, Legal Sciences Journal, No.3(70)/2012;
  3. 2016: Phan Hoai Nam, “Model of Singapore's International Commercial Court (SICC), reference experience for the Vietnamese Court system”, Legal Sciences Journal, No.4(98)/2016;
  4. 2016: Phan Hoai Nam, “The 2005 Hague Convention on Court Choice Agreements and Vietnam's Accessibility”, Journal of Legislative Studies, No. 17.
  5. 2016: Phan Hoai Nam, “Jurisdiction of Chinese Courts over civil cases with foreign elements - Some reference experiences for Vietnam”, Legal Sciences Journal, No.7(101)/2016;
  6. 2017: Phan Hoai Nam and Nguyen Le Hoai, “The jurisdiction of German courts in resolving civil and commercial cases with foreign elements and possible references”, Journal of Legislative Studies , No.6;
  7. 2017: Phan Hoai Nam, “Forum non Conveniens doctrine in US International Justice - some reference experiences for Vietnam”,Legal Sciences Journal, No. 06(109)/2017;
  8. 2017: Phan Hoai Nam, “Agreement on court selection under Brussels Decree I Recast – Some experiences for Vietnam”, Journal of State and Law, No. 06;
  9. 2017: Phan Hoai Nam, “Requirements on "close relationship" in choice-of-law agreements according to the laws of some countries and possible references”, Journal of Legislative Studies, No. 12;
  10. 2017: Phan Hoai Nam, “Regarding some regulations related to court selection agreements in the 2015 Civil Procedure Code”, Journal of State and Law, No. 10;
  11. 2017: Phan Hoai Nam and Vo Trung Tin, “Resolving environmental damage compensation disputes involving foreign elements at Court according to the laws of Vietnam and other countries”, Legal Sciences Journal, No. 9(112)/2017;
  12. 2018: Phan Hoai Nam, “The jurisdiction of Singapore courts in resolving civil and commercial cases with foreign elements”,People's Court Journal, No. 24;
  13. 2018: Phan Hoai Nam and Thomas Hoffmann, “The issue of joining the 2005 Hague Convention on Choice of Court Agreements of the European Union - some experiences for Vietnam”, Legal Sciences Journal, No. 08(120)/2018;
  14. 2019: Phan Hoai Nam, “The jurisdiction of Vietnamese courts over civil cases with foreign elements when the defendant has assets in the territory of Vietnam”, Journal of State and Law, No. 12;
  15. 2020: Phan Hoai Nam, “The doctrine of the closest relationship in International Justice of the EU and some countries - experience for Vietnam”, Legal Sciences Journal, No. 7-8;
  16. 2021: Phan Hoai Nam, “The issue of China's accession to the 2005 Hague Convention on Choice of Court Agreements - some experiences for Vietnam”, People's Court Journal, No. 01;
  17. 2021: Phan Hoai Nam and Le Minh Nhut, “Laws applicable to service contracts with foreign elements according to Vietnamese law”,Journal of State and Law, No. 05;
  18. 2021: Phan Hoai Nam, Dao Thi Vui and Tran Ngoc Ha, “Experience in applying foreign law in civil trials at the Singapore Court”, Legal Sciences Journal, No. 05(144)/2021;
  19. 2021: Phan Hoai Nam and Tran Thi Ngoc Ha, “Application of foreign law in civil trials in court and reference issues”, Legal Sciences Journal, No.5(144)/2021;
  20. 2021: Phan Hoai Nam and Nguyen Thi Kim Duyen, “Internalizing the 1996 Hague Convention - experience of the Russian Federation and suggestions for Vietnam”, Journal of Legislative Studies, No. 17;
  21. 2022: Phan Hoai Nam and Nguyen Minh Hang, “The principle of good faith in the context of civil contracts”, Journal of Law and Practice, No. 51;
  22. 2022: Phan Hoai Nam, “Determining the law applicable to compensation for non-contractual damages involving foreign elements according to Vietnamese law”, People's Court Journal, No. 19;
  23. 2023: Phan Hoai Nam, “Application of mandatory norms in resolving legal conflicts for labor relations with foreign elements”,Legal Sciences Journal, No. 7(167)/2023;
  24. 2023: Phan Hoai Nam, Nguyen Hoang Minh Nhu, Tran Ngoc Van Quynh, “Electronic notarization in France and some suggestions for Vietnam”, People's Court Journal, No. 19.

Memberships:

Current Member of

  1. Ho Chi Minh City University of Law (HCMULAW) Alumni;
  2. Lund University Alumni.

International experience through:


  • Management Activities

The Vice dean of The International Law Faculty of HoChiMinh city University of Law (2020 – to present)
  • Academic Activities


  • Personal Background/ Experience

Educational Background

  1. Undertaking research programs at undergraduate and doctoral level at the HoChiMinh City University of Law.
  2. Undertaking research programs at master level at the HoChiMinh City University of Law and Lund University, Sweden.
  3. Undertaking research courrse at ULB University, Belgium (3 months)
  4. Undertaking research course at Tallinn University, Estonia (6 months)

Personal Experience at the International Level:

  1. Legal Consutant at FMC Company (2005 – 2006).
  2. Senior legal advisor at TinTam Law Firm (2017 – 2021)
  3. Senior legal advisor at NPLLC (2019 – to present)



Other:

Community Service Activities

  1. The Secretary.of the HoChiMinh Communist Youth Union of The HoChiMinh City University of Law (2012 – 2014).
  2. The Deputy Secretary.of the HoChiMinh Communist Youth Union of The HoChiMinh City University of Law (2010 – 2012).
  3. Volunteering for local communities.