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
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
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.
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.
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.