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Official Gazette

Sunday, August 25, 2019
Tags: 2015 Civil Code
First-instance jurisdiction to try commercial legal persons in Vietnam First-instance jurisdiction to try commercial legal persons in Vietnam
First-instance jurisdiction to hear criminal cases where defendants are commercial legal persons is determined by the reason of the matter involved, the person concerned or the place. This article analyses the 2015 Criminal Procedure Code’s provisions on the penal liability examination procedures and first-instance jurisdiction to try commercial legal persons and propose revisions to Vietnam’s current criminal procedure law in this regard.
Regulations on online ads - inadequacies and suggestions for improvement Regulations on online ads - inadequacies and suggestions for improvement
Online advertising has proven to be a trendy choice of businesses. Revenue of Vietnam’s online advertising market mounted to USD 76 million in 2017 and is forecast to increase by three folds in the next five years. However, there remain several limitations in the law regulating Internet advertising such as regulations on protection of interests of online customers, foreign traders’ right to run online advertisements, advertising of some special goods, products and services, management of new types of advertising, and competence for state management for online advertising.
State Bank steps up fight against black credit State Bank steps up fight against “black credit”
In January 2019, local media reported that Le Dinh Huu Phuoc, a 55-year-old man in the Central Highlands province of Gia Lai, was beaten to death by a group of gangsters for failing to fully pay his nephew’s debt.
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.
Void contracts under current private law of Vietnam Void contracts under current private law of Vietnam
Invalid contracts in general and void contracts in particular are provided in the 2015 Civil Code (the 2015 Code) on the basis of adhering to the principles of recognition, respect, protection and guarantee of civil rights; the fundamental principles of the civil law; and the principles on performance of civil rights and limitations on performance of civil rights. This article deals with some issues on void contracts under the current private law of Vietnam.
Guarantees under the 2015 Civil Code: a view from practice Guarantees under the 2015 Civil Code: a view from practice
Guarantees are the most common type of personal security recognized by the general law of security. Security is notably used in the context of corporate financing. Civil Code No. 91/2015/QH13 dated November 24, 2015 contains various new rules on this security interest. This article is confined to an overview of guarantees from practice, dealing with suretyship guarantee which denotes a guarantee triggered by default on the part of the principal debtor, by way of contrast to (first) demand guarantee which denotes an independent undertaking to pay as widely used in international commerce.
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.
A new approach to applying limitation periods under the 2015 Civil Code A new approach to applying limitation periods under the 2015 Civil Code
This article highlights the new approach adopted by the 2015 Civil Code to the application of limitation periods for requesting settlement of civil cases and matters. It also explores some specific limitation periods for declaring civil transactions null and void, requesting protection of personal rights, initiating contract-related lawsuits, and claiming compensation.
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, this article introduces the 2015 Civil Code’s provisions regarding the management, use, disposition and division of property under common ownership.

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