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Official Gazette

Thursday, May 25, 2017
Tags: Civil Code
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 (the 2015 Civil Code), 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.
Right of superficies concretizes the role of Civil Code as law of market economy Right of superficies concretizes the role of Civil Code as law of market economy
As a law of the market economy, the 2015 Civil Code contains substantially reformed provisions on property and ownership to make property truly become a commodity that can have its value maximized by different entities in different modes and on different scales.
Division of common property of unmarried intercountry couples upon separation Division of common property of unmarried intercountry couples upon separation
According to Vietnam’s Law on Marriage and Family, a man and a woman eligible for getting married who cohabit as husband and wife without registering their marriage have no spousal rights and obligations.
A more focus on intellectual property from the new Civil Code and intellectual property law system A more focus on intellectual property from the new Civil Code and intellectual property law system
Vietnam has so far had three Civil Codes of 1995, 2005 and 2015 since January 4, 1995, when the Vietnamese Government filed a formal request for accession to the World Trade Organization (WTO). Each of these Civil Codes presents an interestingly different point of view on intellectual property (IP) in relation to the national system of IP rights protection, as briefly depicted below.
Businesses rate good and bad regulations Businesses rate good and bad regulations
A list of 114 good regulations and 123 bad regulations was selected among 9,297 nominations sent in by people and organizations from many state agencies, associations and the business community in response to the rating of regulations concerning business activities first ever launched in Vietnam.
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.

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