Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Wednesday, October 17, 2018
Tags: Vietnam Law
Is it better to arbitrate in Vietnam or to arbitrate abroad? Is it better to arbitrate in Vietnam or to arbitrate abroad?
Three types of dispute qualify for arbitration in Vietnam. Firstly, disputes involving “commercial activity” can be arbitrated. Commercial activity is any “activity with a profit-making purpose comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.” Secondly, arbitration is allowed if one party to the contract is engaged in a commercial activity, say, a vendor in a dispute with a customer. Finally, the law requires that some disputes be settled by arbitration. Disputes that are specifically stipulated by law also qualify for arbitration. For example, contracts that relate to investments under the 2014 Law on Investment, qualify for arbitration. Arbitration is not a general right. Use of arbitration is subject to agreement. That is, the parties have to agree to arbitrate. Agreement to arbitrate can be made in any written form. The agreement may be part of an underlying agreement that is itself in dispute or it may be a separate agreement to arbitrate. Any modification, extension, termination, or invalidity of the contract will not affect the arbitration clause. This follows the separability doctrine of the New York Convention.
Legal reform needed for streamlining the state apparatus Legal reform needed for streamlining the state apparatus
Vietnam Law and Legal Forum would like to introduce the article by the NA Chairman Nguyen Thi Kim Ngan which suggests specific solutions for improving the legal system on the organization of the state apparatus in the spirit of Resolution No. 18-NQ/TW on continued renovation and rearrangement of the apparatus of the political system and Resolution No. 19-NQ/TW on continued renovation of the organizational system and improvement of the quality and efficiency of public non-business units.
Glossary of the 2017 Law on Foreign Trade Management Glossary of the 2017 Law on Foreign Trade Management
Luật doanh nghiệp – Law on Enterprises (in 2014) Luật doanh nghiệp – Law on Enterprises (in 2014)
The Law on Enterprises was passed on November 26th, 2014, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 8th section and took effect on July 1st, 2015, replacing the Law on Enterprises in 2005 and Law on amending and supplementing of Article 170 of the Law on Enterprises in 2013. This Law prescribes the establishment, management organization, reorganization and dissolution of, and activities related to, enterprises, including limited liability companies, joint stock companies, partnerships and private enterprises; and prescribes corporate groups. To facilitate readers in the search and application of the Law, the National Political Publishing House collaborates with the Editortal Board of the Vietnam Law and Legal Forum magazine under Vietnam News Agency (the sole agency authorized in translating “Cong Bao” (Official Gazette) into English) to publish Vietnamese – English bilingual the Current Law on Enterprises (in 2014). The English version is for reference only.
Luật điều ước quốc tế - LAW ON TREATIES Luật điều ước quốc tế - LAW ON TREATIES
The Law on Treaties was passed on April 9, 2016, by the XIIIth National Assembly of the Socialist Republic of Vietnam at 11th session. This Law has 10 Chapters with 84 Articles, prescribes the conclusion, reservation, amendment and supplementation, extension, termination, renunciation, withdrawal, suspension of implementation of treaties, deposit, archival, making of certified copies, publication, registration, and organization of implementation of treaties, It came into force on July 1, 2016 To meet the need of readers to learn the Law on Treaties in 2016, the National Political Publishing House collaborates with the Editorial Board of the Vietnam Law & Legal Forum magazine under Vietnam News Agency (the sole agency authorized to translate “Cong Bao” into English) to publish the Vietnamese – English bilingual Law on Treaties. The English translation is reference only. We have the honor of introducing this book to readers.
CIVIL CODE (Vietnamese - English) CIVIL CODE (Vietnamese - English)
The Civil Code was passed on November 24, 2015, by the XIIIth National Assembly of the Socialist Republic of Vietnam at 10th session. This Civil Code has 6 parts with 689 articles, prescribes the legal status, legal standards for the conduct of individuals and legal persons in relations established on the basis of equality, freedom of will, independence of property, and selfresponsibility. It came into force on January 1, 2017, and replace the Civil Code in 2005. To meet the need of readers to learn the Civil Code in 2015, National Political Publishing House collaborates with Editorial Board of the Vietnam Law & Legal Forum magazine under Vietnam News Agency (the sole agency euthorized to translate “Cong Bao” into English) to publish the Vietnamese – English bilingual Civil Code. The English translation is reference only.
Soc Trang: treasury land for investors Soc Trang: treasury land for investors
Soc Trang is not only well-known for Ok Om Bok (moon worship) and ghe ngo (light boat) race of the Khmer but also worship places of the Kinh, Khmer and Hoa people which are famous tourist destinations.
Civil law on property under common ownership Civil law on property under common ownership
Continued from the article on private and common ownership published in May issue of Vietnam Law and Legal Forum magazine, this article introduces the 2015 Civil Code’s provisions regarding the management, use, disposition and division of property under common ownership.
Party sets the goal of social insurance for all Party sets the goal of social insurance for all
On May 23, 2018, on behalf of the Party Central Committee of the 12th Congress, General Secretary Nguyen Phu Trong signed Resolution No. 28-NQ/TW on reforming social insurance policy torward the goal of universal social insurance. Vietnam Law and Legal Forum would like to introduce main parts of the Resolution.
Building a law on cyber security: a must in the current situation Building a law on cyber security: a must in the current situation
The draft Law on Cyber Security, which is scheduled to be passed by the 14th National Assembly at its ongoing session, contains some new provisions which raise several public concerns. Vietnam Law and Legal Forum talks with Lieutenant General Hoang Phuoc Thuan, Director of the Cyber Security Department of the Ministry of Public Security, about some controversial issues governed by the draft law.

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