Vietnamese Law on the Limitation of Freedom of Contract for Sustainable Development Purposes
Year: 2025
Type: article
Abstract: Objective: This article aims to study the limitations of freedom of contract for the purpose of sustainable development, focusing on the analysis of three key areas: environmental protection, protection of workers' rights, and assurance of corporate social responsibility. Theoretical Framework: The research draws upon theories of freedom of contract, sustainable development, and corporate social responsibility. The principles of Vietnamese civil law, labor law, and environmental law, along with international instruments such as ILO Conventions, the Paris Agreement, and ESG standards, serve as the theoretical foundation for this study. Method: The article employs the method of analysis and synthesis of international and national legal documents, combined with comparative law methods and evaluation of practical application. Sources include current legislation, international conventions, and relevant academic research. Results and Discussion: The study reveals that Vietnamese law has established a regulatory system limiting freedom of contract to protect the environment, workers' rights, and promote corporate social responsibility. However, shortcomings remain regarding clarity, feasibility, and the effectiveness of enforcement. These limitations have had a positive impact on protecting community interests and steering sustainable development, while also posing challenges for enterprises in terms of costs, flexibility, and compliance pressures. Research Implications: The article proposes improvements to the legal framework to enhance transparency and consistency across various statutes, clarify the concept of legal prohibitions and social ethics, and strengthen enforcement capacity to ensure that limitations on contractual freedom effectively contribute to Vietnam’s sustainable development goals. Originality/Value: This research contributes to the theoretical framework on freedom of contract by clarifying the relationship between the principle of freedom of contract and the requirement of sustainable development. It also offers specific recommendations to address current legal gaps. The study serves as a useful reference for policy-making and the improvement of contract law in the context of globalization and increasing demands for sustainable development.
Author: Trung Hieu Hoang
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410085737