The Commercial Law Inconsistent With Other Laws.

The National Assembly's passage of the Commercial Law in 2005 was a significant event in promoting commerce and a healthy business climate to after nearly seven years in effect, the law has revealed some shortcomings, making it imperative that the law be amended in order to create the most favourable conditions for commercial development in Viet Nam and the are instance, the definitions of terms used in the law, e.g., "business entities", "commercial activities", and "commodities exchanges", are inadequate and unclear, and provisions on penalties, promotions and complaints are incoherent to the overall, the law contains many provisions inconsistent with other laws and regulations.

The concept of "business entities" as defined in Article 6.1 of the Commercial Law is confused and appears to conflict with Article 7 and Article 6.1 provides that business entities shall be comprised of economic organisations which have been lawfully established and have business registration to an enterprise is already considered lawfully established only if it has been established in accordance with the procedures prescribed by law and have obtained business registration.

The Article 6.1 also says that "business entities shall consist of economic organisations which conduct commercial activities independently and frequently to this condition is both unclear and unnecessary in the law is otherwise silent as how an economic organisation may be judged to have satisfied such a requirement.