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Official Gazette

Wednesday, December 13, 2017
Tags: Civil Code
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.
Remedies for breach of contract under the Civil Code: a comparative analysis Remedies for breach of contract under the Civil Code: a comparative analysis
The 2015 Civil Code recognizes unilateral termination and cancellation of contract as new remedies for breach of contract. It states that penalty for breach of contract and compensation for damage will still be enforced after the contract is cancelled or unilaterally terminated.
Asset registration brought up for discussion Asset registration brought up for discussion
Regulations on asset registration remain disperse and lack consistency while the ownership registration requested for a number of assets have not yet been ruled, heard a workshop recently held by the Ministry of Justice in Lam Dong province.
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.

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