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Official Gazette

Monday, October 18, 2021
Tags: Land Law
Principles of priority of security under the general law: an overv Principles of priority of security under the general law: an overv
When a bank takes security over assets of a company 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 91/2015/QH13 dated November 24, 2015, contains various new rules on priorities that are completed by its implementing texts and specialized legislations.
May wholly foreign-owned enterprises acquire land-use rights in Vietnam? May wholly foreign-owned enterprises acquire land-use rights in Vietnam?
Foreign enterprises, including enterprises with 100 percent of foreign capital, joint-venture companies, and Vietnamese enterprises which have their shares purchased by, or are merged with, or are acquired by foreign investors are eligible to use land in Vietnam.
Sea encroachment-related regulations to be decreed Sea encroachment-related regulations to be decreed
The Ministry of Natural Resources and Environment has released a draft decree on sea encroachment, proposing regulations on sea encroachment areas and sea encroachment plans, the licensing of sea encroachment as well as the management and use of land areas reclaimed due to sea encroachment.
How to receive a Vietnam-based inheritance from overseas ? How to receive a Vietnam-based inheritance from overseas ?
Vietnam’s law recognizes anyone’s will to bequeath his property as an inheritance to another person regardless of whether the heir is an overseas Vietnamese or a foreigner, as long as his will is lawfully made.
Secured assets under Vietnams Law Secured assets under Vietnam’s Law
Over the past years, the law on secured transactions and secured transaction registration has gradually become complete, meeting the requirements of the real socio-economic life in Vietnam and the process of global economic integration. There is no doubt about the important role of secured transactions in credit growth and economic development. One key important element of secured transactions is collateral (secured assets). Both parties (the securing party and secured creditor) should pay close attention to determination of assets used as collateral when entering into a contract. However, the current legal framework applicable to collateral remains controversial.
New Law on Public-Private Partnership in Vietnam New Law on Public-Private Partnership in Vietnam
On June 18, 2020, the National Assembly of Vietnam passed the long awaited Law on Public-Private Partnership (PPP Law) which establishes an umbrella legal framework for all PPP projects and aims to attract more private investment to the development of Vietnam’s infrastructure. This article looks at some of the key changes under the Law, some positive and some less so, with respect to making the PPP framework more appealing to private sector developers, investors and lenders.
Taking security over immoveable assets in renewable energy projects Taking security over immoveable assets in renewable energy projects
Under the Amended National Power Development Plan for the Period from 2011 to 2020, with a vision toward 2030, it is expected that renewable energy will account for 10.7 percent of the total power capacity of 572 billion kWh by 2030. The Government’s outlook requires a high demand for capital, including loan capital. In this regard, the project finance should play a significant role in meeting that expectation. Generally, the lenders will expect perfected security interests over all of the property and assets of the project company. This article discusses notable issues in taking security over the immoveable assets of renewable energy projects.
Resolution of land disputes by conciliation Resolution of land disputes by conciliation
the 2013 Land Law defines land dispute as “a dispute involving the rights and/or obligations of land users between two or more parties in a land relationship”. When a land dispute occurs, concerned parties shall generally choose one of dispute resolution mechanisms. For credit institutions, being knowledgeable about the land dispute settlement mechanisms is particularly important, especially when security assets involving land use rights become the subject of the dispute. This paper will focus on resolving land-related disputes by conciliation in terms of law and practice.
Some key points of Vietnams new Investment Law Some key points of Vietnam’s new Investment Law
The National Assembly of Vietnam passed a new Law on Investment on June 17, 2020, which will become effective on January 1, 2021 (LOI 2020) and replace the 2014 Law on Investment (LOI 2014). In this post, we briefly discuss some new key points of the LOI 2020.
Land conflicts in emerging suburban areas in Vietnam: causes and effects Land conflicts in emerging suburban areas in Vietnam: causes and effects
This article takes initial steps in understanding causes and effects of land conflicts in Vietnam after the effect of the 2003 Land Law and its subsequent amendments. It examines institutional arrangements that govern land rights security but may have created biases toward different land users upon conflicting land use purposes. The analysis also examines the values of the two available large sample surveys in Vietnam (the citizen perception-based Vietnam Provincial Governance and Public Administration Performance Index (PAPI) and the firm perception-based Provincial Competitiveness Index (PCI)) in informing potential different treatments toward citizens and firms as land users.

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