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Official Gazette

Saturday, October 21, 2017
Tags: Civil Code
Free will to enter into contract under the Civil Code Free will to enter into contract under the Civil Code
Freedom of contract in general or free will to enter into contract in particular is one of the basic principles of private law and civil code. Vietnam’s 2015 Civil Code contains necessary revisions to better guarantee these principles in the country’s private law system and in the formation and perfection of legal behavioral standards for subjects of private relations in conformity with international customs and practices.
Enforcement of security under the new resolution on dealing with bad debts Enforcement of security under the new resolution on dealing with bad debts
Resolution No. 42/2017/QH14 on trial dealing with non-performing loans of credit institutions was passed on June 21, 2017, by the National Assembly. It took effect on August 15, 2017, and remains in force for five years from that date. The resolution is a long-awaited text and expected to help credit institutions to better deal with their non-performing loans. A significant number of provisions of this text are about secured transactions which are at the heart of the process of recovery of bank loans for the time being. This article tries to give an overview of the text.
Third-party security in the Civil Code Third-party security in the Civil Code
The 2015 Civil Code provides nine measures to secure the performance of civil obligations according to two approaches, namely law-prescribed security and agreement-based security, and security without property and security with property. Under either approach, the issue that attracts special attention from the parties to civil transactions is whether third-party security is recognized and what legal contents of this issue are. This article touches upon the issue in light of the Code.
Legal status of foreigners in civil proceedings in Vietnam Legal status of foreigners in civil proceedings in Vietnam
The legal status of foreign entities in civil proceedings under Vietnamese law encompasses their civil procedure law capacity, civil litigation act capacity, and rights and obligations when participating in civil proceedings in Vietnam. In this article, foreign entities refer to foreigners, foreign agencies and organizations and their Vietnam-based branches and representative offices.
Court precedents in Vietnam: a view from the building of the 2015 Civil Code Court precedents in Vietnam: a view from the building of the 2015 Civil Code
Vietnam’s legislative work has entered a new development period with a focus on recognizing, respecting, protecting and guaranteeing human rights and citizens’ rights and implementing the judicial reform strategy, especially upholding the role of people’s courts in safeguarding justice and exercising the judicial power.
Overview of the legal framework applicable to logistics services in Vietnam Overview of the legal framework applicable to logistics services in Vietnam
Under the legislation on investment, the provision of logistics services qualifies as a conditional business line. The current legal framework applicable to logistics services was enacted in line with the Schedule of Specific Commitments in Services resulting from the negotiations between Vietnam and WTO members.
Bank loans: interest and fees under the new rules Bank loans: interest and fees under the new rules
One way for credit institutions to generate revenues is charging interest and fees on loans they provide. On December 30, 2016, the State Bank of Vietnam issued Circular No.39/2016/TT-NHNN regulating lending activities of credit institutions and foreign bank branches which took effect on March 15, 2017. This text sets forth new rules relating to rates of interest and fees in lending activities.
Existing inadequacies of Vietnams legislation on agricultural land Existing inadequacies of Vietnam’s legislation on agricultural land
Current agricultural production in Vietnam is characterized by slow growth rate and low productivity. Despite the fact that Vietnam is now the second largest rice exporter in the world, its farmers’ lives have not been much improved and, as a result, many of them quit farming, leading to an increasing trend of abandoning rice fields and agricultural land in recent years.
Usufruct helps protect the disadvantaged in civil relations Usufruct helps protect the disadvantaged in civil relations
Usufruct is a right newly added to the 2015 Civil Code. Along with easement (servitude) and the right of superficies, usufruct is placed in the group of other rights over property. The connotation of usufruct defined in the Code is basically similar to that provided in other civil codes in the world. By legal nature, usufruct is a type of real rights over others’ property for a specified period.
New rules on security over immovable property New rules on security over immovable property
Immovable property remains the most significant secured property in Vietnam. Civil Code No. 91/2015/QH13 dated November 24, 2015, which became effective on January 1, contains many changes to the legal framework applicable to security over immovable property that this article will try to point out.

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