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Official Gazette

Monday, October 21, 2019
Tags: 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.
Law-based state management of e-commerce in Vietnam Law-based state management of e-commerce in Vietnam
According to Prime Minister Decision 222 of 2005 approving the overall plan on e-commerce development during 2006-10, the State plays the role of creating a favorable legal environment, while providing public services to assist e-commerce activities, and developing e-commerce in connection with the application and development of information and communication technology.
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.
IP activities need to improve for the countrys development and international integration IP activities need to improve for the country’s development and international integration
Against the backdrop of rapid development of science and technology, intellectual property (IP) has become one of powerful tools for countries to raise the competitiveness of their businesses and national economies. As for Vietnam, it is a must to increase the effectiveness of IP activities to seize opportunities and overcome challenges facing the country in the course of national development and international integration.
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.
Collateral foreclosure under resolution on pilot settlement of non-performing loans Collateral foreclosure under resolution on pilot settlement of non-performing loans
Since the National Assembly’s Resolution 42/2017/QH14 on the pilot settlement of bad debts of credit institutions was adopted on June 21, 2017, the bad debt settlement, particularly collateral foreclosure[1], by credit institutions and foreign bank branches in the country has seen some improvements. Aimed at addressing inadequacies of the precedent regulations on disposal of collaterals of bad debts, this Resolution itself contains some ambiguous points that need to be clarified.
The core value of the judiciary is to deliver justice for all The core value of the judiciary is to deliver justice for all
Chief Justice of the Supreme People’s Court Nguyen Hoa Binh last month attended an international conference entitled “Judicial Excellence in Response to Today’s Challenges” in Bangkok, Thailand. Vietnam Law and Legal Forum would like to publish his speech delivered at this event, which highlights the recent endeavors of Vietnam’s court system to deliver court excellence as well as future policies for reform.

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