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

Official Gazette

Tuesday, February 19, 2019
Tags: Vietnamese law
Adoption of foreign children by Vietnamese Adoption of foreign children by Vietnamese
As per the Vietnamese law on child adoption, a child’s blood aunt may adopt him/her while his/her grandparent may not (Article 13.6 of the 2010 Law on Child Adoption.
How to change personal names How to change personal names
According to Article 28.3 of the 2015 Civil Code, the change of a person’s name will neither change nor terminate the civil rights and obligations which have been established under his/her former name.
Asia-Pacific moving towards ratification of the Treaty on the Prohibition of Nuclear Weapons Asia-Pacific moving towards ratification of the Treaty on the Prohibition of Nuclear Weapons
The new Treaty on Prohibition of Nuclear Weapons opened for signature on September 20, 2017, and will enter into force in 90 days after getting 50 instruments of ratification. After one year, 19 ratification instruments were deposited, near one third of them from Asia-Pacific countries (including Thailand, Palau, Vietnam, New Zealand, Cook Island and Samoa). This fact shows that Asia-Pacific is in the forward position to totally eliminate nuclear weapons in the world for the peace, security and human being. How to move forward the process of ratification of the TPNW? It’s is a big question before the International Committee of the Red Cross, other organizations and civil society to build a strategy to assist governments in achieving the final goal.
Health insurance for expats Health insurance for expats
As provided by Vietnamese law, a foreigner residing in Vietnam can purchase household health insurance in Vietnam at the place where he/she has made his/her household or temporary residence registration.
Where can foreigners get health check-ups in Vietnam? Where can foreigners get health check-ups in Vietnam?
Under Vietnamese law, foreign workers wishing to apply for work permits must fully satisfy the health conditions to perform assigned jobs.
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.
Vietnams policies to lure foreign skilled workers Vietnam’s policies to lure foreign skilled workers
The fourth Industrial Revolution increases the demand for skilled workers, resulting in a shortage in the labor market. As the national education system is unable to satisfy the local demand, many countries around the world have adopted policies to attract foreign workers to offset the deficiency. This article analyzes Vietnam’s policies on attraction of foreign workers and proposes policy solutions to lure foreign scientists and technologists to work in the country.
Residential land use rights for foreigners in Vietnam Residential land use rights for foreigners in Vietnam
Under the 2013 Land Law, all land areas used by households and individuals for the residential purpose are regarded as land for stable and long-term use and subject to no given use term. Therefore, individuals or households that are named in land use rights certificates have full discretion to use and dispose of their residential land areas without any temporal limitations.
Current Vietnamese law on environmental pollution control: loopholes and solutions Current Vietnamese law on environmental pollution control: loopholes and solutions
Environmental protection law plays a crucial role in protecting the environment and promoting sustainable development in Vietnam. The author points out existing loopholes in Vietnam’s current regulations concerning environmental pollution control and puts forward proposals for tackling them in the coming time.
Glossary of the 2017 Law on Foreign Trade Management Glossary of the 2017 Law on Foreign Trade Management

Video

Vietnam Law & Legal Forum