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Official Gazette

Friday, August 18, 2017
Tags: Civil Code
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.
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.

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