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Official Gazette

Thursday, March 30, 2017
Tags: Civil Code
Official Gazette issues Nos 5-12 December 2016 introducing the 2015 Civil Code Official Gazette issues Nos 5-12 December 2016, introducing the 2015 Civil Code
Determination of laws applicable to civil relations involving foreign elements under the 2015 Civil Code Determination of laws applicable to civil relations involving foreign elements under the 2015 Civil Code
The laws in most countries have special provisions setting out principles for the selection and application of a legal system to specific civil relations involving foreign elements (conflict of laws). In Vietnam, the 2015 Civil Code (the 2015 Code) has introduced new provisions on determination of laws applicable to civil relations involving foreign elements.
Vietnams commercial franchise regulations under pressure to change Vietnam’s commercial franchise regulations under pressure to change
At the end of 90s, franchise remained strange to almost people in Vietnam. At that time, it was very difficult to have a chance to use, enjoy or even see the products and services of the world’s well-known brands in Vietnam. KFC, McDonald, Starbucks and Lotteria were still a dream of the Vietnamese young generation.
Territorial effect of the new Penal Code: from the perspective of international law Territorial effect of the new Penal Code: from the perspective of international law
Vietnam’s provisions on territorial effect of the Penal Code have evolved to more align with the international law in general and international criminal law in particular. However, the Code still has no provision that a treaty to which Vietnam is a contracting party prevails if its provisions are different from those of a domestic law on the same field.
New regulations on e-money virtual currencies to be drafted New regulations on e-money, virtual currencies to be drafted
The Ministry of Justice is building a draft scheme on improving the legal framework for management and handling of virtual property, e-money and virtual currencies to be presented to the Government.
Principles of priority of security interests under the new Civil Code Principles of priority of security interests under the new Civil Code
When a bank takes security over the assets of a legal person or an individual, its concern is not only that such security will be effective but also that the security interest will take priority over other parties’ interests in the assets concerned. Civil Code No. 91/2015/QH13 dated November 24, 2015 (with effect from January 1, 2017) (the new Civil Code) contains various new rules on priorities that this article tries to point out
Law on Gender Transformation to be drafted Law on Gender Transformation to be drafted
The Ministry of Health is set to draft a law on gender transformation, scheduled for submission to the National Assembly before 2020.
Vietnams new regulations on ownership Vietnam’s new regulations on ownership
After 10 years’ enforcement, the 2005 Civil Code (the 2005 Code) of Vietnam has become impractical in many aspects, especially when the country enters the period of intensive and extensive integration into the world economy. Particularly, the Code’s provisions on ownership have revealed many inadequacies, such as providing the protection of rights of owners only but not rights of other subjects in the exploitation of property and establishment of rights over property, or stipulating forms of ownership without specific criteria, causing inconsistencies in their implementation. The new Civil Code of 2015 (the 2015 Code) has made many new provisions to overcome these inadequacies.
SBV aims for more transparency in consumer lending SBV aims for more transparency in consumer lending
The State Bank of Vietnam has recently revealed a draft circular guiding consumer lending activities of finance companies, which is expected to improve transparency in consumer lending, thus better protecting borrowers.
Parental responsibility after divorce Parental responsibility after divorce
According to Vietnamese law, a child who is conceived by the wife during marriage or is born within 300 days after the court’s judgment or ruling on divorce of his/her parents becomes legally effective is the common child of the divorced couple.

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