The State Bank of Vietnam (SBV) has recently released Circular 11/2022/TT-NHNN to improve the legal framework for bank guarantee to better suit international practices and comply with Vietnam’s relevant regulations such as the Law on Real Estate Business, Law on Investment, and Civil Code.

As recommended by the International Human Rights Committee, member states should clearly specify the time limit for temporary holding in custody or detention of persons arrested in criminal proceedings. At the same time, when exercising the right to detain or arrest people for custody or temporary detention as preventive measures, competent agencies must secure the rights of the accused and defendants in accordance with law, including the right to have access to legal aid; right to be informed; and right to obtain court rulings on whether the custody or temporary detention is lawful or unlawful.

Prime Minister Pham Minh Chinh underlined the need to pay special attention to removing "bottlenecks" on the real estate market while chairing an online conference on July 14 on measures to ensure safe, healthy and sustainable development of the property market.

It is not uncommon to see a branch participating in daily business activities independently. However, although the Civil Code[1] and the Law on Enterprises[2] contain regulations supporting such activities by a branch, inconsistency in terms of the general principles under the law gives rise to a basic question of how to logically and accurately identify the legal capacity of a branch in civil transactions.

The Fourth Industrial Revolution has led to emergence of new business lines based on digital platforms following the model of sharing economy (Grab, peer-to-peer lending, ride and accomodation sharing, etc.). However, enterprises engaged in such business lines are encountering numerous difficulties due to incompleteness of the existing legal framework concerning this issue. This article brings an insight into the realization of the right to freedom of enterprise in the sharing economy in Vietnam and gives recommendations for promoting the development of this model in the country.

In the context of extensive international integration, besides diplomatic missions and consular offices as key parties to diplomatic relations, the State, state agencies, companies, state enterprises, sole proprietorships, multinational corporations, etc., will be involved more and more actively in economic, civil and commercial transactions overseas. Therefore, civil, economic and commercial disputes involving foreign elements will inevitably occur and need to be settled by competent authorities with proper jurisdiction. In principle, their rulings or awards are to be respected and executed, except cases eligible for immunity from execution under international and domestic laws. Many economic and commercial cases involving the aforesaid subjects have recently been recorded in Vietnam in the field of private international law. However, the execution of court judgments and rulings for these cases has encountered not a few difficulties and problems, especially those caused by legal institutions. This article provides an overview of Vietnamese laws as well as international regulations on immunity from measures to enforce court judgments and rulings.

The number of service contracts involving foreign elements has kept increasing in Vietnam. However, it remains hard to determine the law applicable to this kind of contract. This article focuses on issues related to the determination of the applicable law for service contracts involving foreign elements and proposes solutions for improving relevant regulations.

Industrial zones have become a popular investment destination for foreign businesses. It is common now in practice to finance projects carried out in industrial zones and/or to take security over real estate located in those industrial zones. However, since the legal framework on lease of land in industrial zones remains complicated and has its limitations, such financing may turn risky for credit institutions in certain circumstances and at some stages. This article tries to present some legal aspects of extension of credit secured by real estate in industrial zones and suggest how to manage legal risks for credit institutions.

In the context that there are different regulations of the Civil Code, the Commercial Law and the Construction Law regarding the maximum amount of penalty for breach of construction contract, this article will discuss about two legal issues: (i) principles for resolution of the conflict of laws that regulate construction contracts between the Civil Code, the Commercial Law and the Construction Law and (ii) the maximum amount of penalty for breach of construction contracts (including both state-funded construction works and private construction works).

State agencies should consider enterprises their customers rather than to-be-managed entities, according to a draft scheme on comprehensive reform of the state management of the economy prepared by the Ministry of Planning and Investment.