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Official Gazette

Friday, April 28, 2017
Tags: real estate
Getting home ownership certificates remains tough for foreigners Getting home ownership certificates remains tough for foreigners
Despite the Government’s policy allowing foreigners to own houses in Vietnam, it is not that easy for them to obtain an ownership certificate.
Housing project transfer upon completion of ground clearance to be allowed Housing project transfer upon completion of ground clearance to be allowed
The Ho Chi Minh City Real Estate Association has proposed to Prime Minister Nguyen Xuan Phuc some amendments to the 2013 Land Law.
Jurisdiction of Vietnamese courts to settle civil cases involving foreign elements Jurisdiction of Vietnamese courts to settle civil cases involving foreign elements
This article analyzes new provisions on the jurisdiction of Vietnamese courts to hear civil cases and matters involving foreign elements under the 2015 Civil Procedure Code regarding general jurisdiction, exclusive jurisdiction and cases in which the jurisdiction remains unchanged.
Businesses rate good and bad regulations Businesses rate good and bad regulations
A list of 114 good regulations and 123 bad regulations was selected among 9,297 nominations sent in by people and organizations from many state agencies, associations and the business community in response to the rating of regulations concerning business activities first ever launched in Vietnam.
Corruption in land-related projects and ways to address it from socially structured perspectives Corruption in land-related projects and ways to address it from socially structured perspectives
Much analysis of anti-corruption reforms emphasizes the importance of improving transparency, public participation and accountability. What is often absent from this analysis is an acknowledgment that corruption is socially constructed; state and non-state actors frequently have different understandings about what constitutes corrupt behavior.
Principles of priority of security interests under the new Civil Code Principles of priority of security interests under the new Civil Code
When a bank takes security over the assets of a legal person or an individual, its concern is not only that such security will be effective but also that the security interest will take priority over other parties’ interests in the assets concerned. Civil Code No. 91/2015/QH13 dated November 24, 2015 (with effect from January 1, 2017) (the new Civil Code) contains various new rules on priorities that this article tries to point out
Vietnams new regulations on ownership Vietnam’s new regulations on ownership
After 10 years’ enforcement, the 2005 Civil Code (the 2005 Code) of Vietnam has become impractical in many aspects, especially when the country enters the period of intensive and extensive integration into the world economy. Particularly, the Code’s provisions on ownership have revealed many inadequacies, such as providing the protection of rights of owners only but not rights of other subjects in the exploitation of property and establishment of rights over property, or stipulating forms of ownership without specific criteria, causing inconsistencies in their implementation. The new Civil Code of 2015 (the 2015 Code) has made many new provisions to overcome these inadequacies.
Damages for breach of contract under Vietnamese law Damages for breach of contract under Vietnamese law
Damages are a type of claim recognized by Vietnamese law. Article 302 of the Commercial Law defines “damages”[2] as the act whereby the party in breach of a contract (the contract breaker) compensates for loss caused by that party’s breach to the victim of that breach (the claimant). The regime for damages is provided in the Civil Code and the Commercial Law with notable differences between those texts. As the new Civil Code enacted by the National Assembly of Vietnam on November 24, 2015 (the 2015 Civil Code), will take effect from January 1, 2017, this article will provide comment on the relevant rules of this text. It will also give some drafting notes in respect of damages clauses. Please note that this article deals only with damages in contract and not in tort (i.e. when there is no direct contractual relationship between the parties).
Ministry plans more red tape cuts Ministry plans more red tape cuts
Construction Ministry is determined to cut red tape even further to help enterprises grow, Deputy Minister of Construction Do Duc Duy tells Vietnam News Agency.
Formal requirements for contracts under the new Civil Code: an overview Formal requirements for contracts under the new Civil Code: an overview
Recently, large numbers of commercial and financial contracts were declared null and void for non-compliance with legal requirements in terms of form. The new Civil Code enacted by the National Assembly of Vietnam on November 24, 2015, with effect from January 1, 2017 (the 2015 Civil Code) was supposed to simplify formal requirements for contracts. However, there remain some lacunas and gaps that this article will try to point out.

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