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Official Gazette

Tuesday, July 14, 2020
Tags: compensation
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.
Official Gazette issues Nos 33-36/2020 available on July 06 2020 Official Gazette issues Nos 33-36/2020, available on July 06, 2020
Legal framework for enforcement of criminal judgments against businesses Legal framework for enforcement of criminal judgments against businesses
On April 8, 2020, the Government issued Decree 44/2020/ND-CP (Decree 44), prescribing enforcement of judgments against commercial legal persons in a move to detail the 2019 Law on Execution of Criminal Judgments. With this Decree, set to take effect from July, the legal framework for execution of criminal judgments against commercial legal persons has been fundamentally completed, guaranteeing the enforcement of the 2015 Penal Code’s provisions concerning criminal handling of commercial legal persons.
Validity of liquidated damages clause under Vietnams Law Validity of liquidated damages clause under Vietnam’s Law
Liquidated damages is one of the important remedies that are widely known in various types of contracts. However, the validity of liquidated damages clause is still an uncertain thing under Vietnam’s law, giving rise to a number of disputes over this clause when being applied in Vietnam.
COVID-19 and the issue on exemption of civil liability for breach of payment obligations under loan agreements COVID-19 and the issue on exemption of civil liability for breach of payment obligations under loan agreements
Under the scope of this article, the authors concentrate on force majeure to excuse civil liability under the laws of Vietnam, and the issues relevant to the implementation of loan agreements in the context of COVID-19.
Government determines to substantially improve business environment Government determines to substantially improve business environment
In the coming time, Vietnam’s investment and business environment will be substantially improved in a bid to further raise the country’s competitiveness, according to Government Resolution 02 inked by Prime Minister Nguyen Xuan Phuc on the first day of 2020.
Bringing Vietnams criminal justice system in harmony with the convention against torture Bringing Vietnam’s criminal justice system in harmony with the convention against torture
The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), one of the nine fundamental conventions on human rights, came into force on June 26, 1987, after being ratified by 20 member states[1]. Vietnam acceded to the UNCAT on November 7, 2013, and ratified it a year later. As a member state to the UNCAT, Vietnam has spared no efforts to build its legal system, particularly criminal justice laws including the Penal Code, Criminal Procedure Code, Law on Custody and Temporary Detention, Law on Execution of Criminal Judgments, Law on Organization of Criminal Investigation, etc., in conformity with the UNCAT.
Lang Son province: the cross-border trade hub of the North Lang Son province: the cross-border trade hub of the North
Lang Son province is the first point in the Vietnamese territory of the Nanning (China)-Lang Son-Hanoi-Hai Phong and the Nanning (China)-Lang Son-Hanoi-Ho Chi Minh City-Moc Bai economic corridors. It is also a gateway connecting Vietnam and other ASEAN countries with China’s Guangxi market and southern China in the China-ASEAN Free Trade Area through two international border gates, Chi Ma national border gate and nine auxiliary border gates.
Law on Public Investment Law on Public Investment
Consisting of six chapters with 101 articles, the 2019 Law on Public Investment provides the state management of public investment and the management and use of public investment funds. It also defines the rights, obligations and responsibilities of agencies, units, organizations and individuals involved in public investment activities.
Constitutional provisions on human rights in criminal proceedings should be further concretized Constitutional provisions on human rights in criminal proceedings should be further concretized
Vietnam’s 2013 Constitution (the Constitution) provides for the first time human rights and citizens’ rights in Chapter II with significant progress in the recognition and exercise of these rights as well as specific cases where these rights may be limited.

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