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Official Gazette

Sunday, June 16, 2019
Tags: Ministry of Justice
Vietnam International Commercial Mediation Center launches Vietnam International Commercial Mediation Center launches
Vietnam International Commercial Mediation Center (VICMC), the first of its kind founded under a license of the Ministry of Justice, was officially launched on June 7 in Hanoi.
MOJ proposes two options for amending the Law of Laws MOJ proposes two options for amending the Law of Laws
The Ministry of Justice has recently put forward two options on revision of the 2015 Law on Promulgation of Legal Documents, focusing on enhancing the responsibility of drafting agencies for the quality of their law-making work.
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.
Vietnam commits to promoting protection of human rights Vietnam commits to promoting protection of human rights
Vietnam regards the Universal Periodic Review as an obligation of a responsible member of the United Nations as well as an opportunity to introduce the country’s consistent policies, efforts and achievements in protecting human rights, according to Deputy Foreign Minister Le Hoai Trung.
Government continues cutting costs for businesses Government continues cutting costs for businesses
By 2020, enterprise inspection and examination plans and handling results will be publicized on websites or portals of inspecting agencies.
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.
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.
Measures to supervise six ministries under the Nguyen Dynasty Measures to supervise six ministries under the Nguyen Dynasty
During more than 1,000 years of domination by northern feudalists, the Vietnamese feudal state was established after the state model of feudal China, from state institutions, ruling method, organizational system to mandarin titles. Following the reform initiated by King Le Thanh Tong (1442-1497), the state apparatus of feudal Vietnam was further developed with “luc bo” (six ministries) being key state agencies and the backbone of the central administration.
Thousands of unlawful documents issued last year: Justice Ministry report Thousands of unlawful documents issued last year: Justice Ministry report
Thousands of legal documents issued last year in the country were detected to be unlawful in one aspect or another, according to a recent report of the Ministry of Justice.

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