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Official Gazette

Wednesday, June 20, 2018
Tags: Civil Code
Private and common ownership under civil law: some practical notes Private and common ownership under civil law: some practical notes
In this article, the author discusses the provisions on private and common ownership in the 2015 Civil Code and presents some notes on their application by the courts in Vietnam.
Corporate penal liability in Vietnam Corporate penal liability in Vietnam
The 2015 Penal Code marks a great progress in the country’s criminal justice by holding commercial legal entities liable for their criminal acts. Its novel provisions create a legal basis for the fight against criminal acts committed by commercial legal entities in recent years as well as for international cooperation on combating crime, especially transnational organized crime.
Retention of title under current civil law Retention of title under current civil law
Retention of title, a measure to secure performance of obligations, is one of novel contents of the 2015 Civil Code. In this article, the author analyzes the Code’s provisions concerning retention of title, the right to reclaim property and effect for a third party, and makes recommendations for future improvement.
Handling enterprises environmental violations in Vietnam: current situation and suggested solutions for better management Handling enterprises’ environmental violations in Vietnam: current situation and suggested solutions for better management
In recent years, the number of environmental violations committed by legal persons has been on the rise in Vietnam including the cases of Vedan, Sonadezi, Nicotex Thanh Thai, Hao Duong Leather Corporation, Tung Kuang Company, and the most recently the case of Formosa Steel Ha Tinh Company in 2016.
Law on State Compensation Liability Law on State Compensation Liability
Compared to its predecessor enacted in 2009, the Law contains numerous new provisions consistent with the 2013 Constitution and relevant codes and laws promulgated in 2015 such as the Civil Code, Penal Code, Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedures, and Law on Custody and Temporary Detention.
Protection of ownership over property under civil law Protection of ownership over property under civil law
An individual or a legal person that wishes to have other rights over property must also prove the bases for establishment of such rights. Specifically, easement must be established due to natural terrain or in accordance with a law, an agreement or a testament, while usufruct and the right of superficies must arise in accordance with a law, an agreement or a testament.
Control and handling of corrupt acts in the private sector through accountability mechanism Control and handling of corrupt acts in the private sector through accountability mechanism
Corruption in the non-state business sector happens when someone takes advantage of his/her position in his/her enterprise for the sake of his/her personal gains. In Vietnam, the 2015 Penal Code (revised in 2017) has broadened the scope of corrupt acts to include corruption occurred in the private sector. Specifically, persons with high positions and/or powers in a non-state enterprise or organization will be liable for the following criminal acts: embezzlement, receiving bribes, giving bribes and bribery brokerage. However, in order to effectively prevent and combat corruption in the private sector, holding persons committing corrupt acts liable is not sufficient enough.
New regulations on interest: a view from credit extension practice New regulations on interest: a view from credit extension practice
The State Bank of Vietnam (SBV) has recently issued some new regulations guiding lending activity of credit institutions and branches of foreign banks (credit institutions). These regulations have a significant effect on lending activity of credit institutions. Enacted to address the limitations of the precedent regulations, they also have some unclear points which might limit their effect. This article analyzes regulatory issues relevant to interests on loans of credit institutions.
Vietnamese rules on compensation for contractual damage Vietnamese rules on compensation for contractual damage
In both legal theory and civil transaction practice, regulations on liability to compensate for contractual damage always play an important role. Theoretically, it is the concretization of the principles of equality, free will, good will, binding of contract, and theories of fault and damage in civil liability.
Building an equal relationship between the State and citizens Building an equal relationship between the State and citizens
Rule-of-law institutions of citizens and of the state are part of a rule-of-law state. The history of building rule-of-law states around the world shows that in order to successfully build rule-of-law institutions of the state, it is a must to simultaneously establish, or even give priority to establishing, rule-of-law institutions of citizens.

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