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Official Gazette

Monday, August 15, 2022
Tags: compensation
Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law
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.
Improvement in local governments performance in disclosure of land information a must: action research results suggest Improvement in local governments’ performance in disclosure of land information a must: action research results suggest
Access to local land use plans remains limited on a national scale despite the provisions of the 2013 Land Law and the 2016 Law on Access to Information which mandate the posting of local land use master plans and annual land use plans for public view in various forms, including on digital platforms. According to the 2021 PAPI survey, only one-fifth of respondents nationwide said they were aware of local land use plans since 2011.
Some legal loopholes with respect to the provisions on guarantee of the 2015 Civil Code Some legal loopholes with respect to the provisions on guarantee of the 2015 Civil Code
In addition to the commonly used security devices like charge and pledge, guarantee is often considered by parties an alternative, especially in the event that the securing party does not have adequate assets. The 2015 Civil Code, which officially took effect on January 1, 2017, introduces a number of changes in the provisions on guarantee. However, there exist problems around the provisions on guarantee which require further research and improvement. This article identifies the incompleteness and proposes recommendations in order to improve the Code’s provisions on guarantee.
Personal data protection in Vietnam - Road ahead Personal data protection in Vietnam - Road ahead
It can be said that Vietnam’s legal provisions on protection of personal data are rooted in the right to privacy - a fundamental human right. There is a general principle enshrined in all provisions on personal data protection in Vietnam’s legal documents: personal data is protected and other subjects may use personal data only if data subjects so agree, unless otherwise provided by law; violators are subject to administrative and criminal penalties, and data subjects suffering from personal data intrusion are entitled to damages.
Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam Legal provisions on corporate bonds and solutions to protect bond investors in Vietnam
Corporate bonds are a hot topic in recent days as many big companies have issued corporate bonds for raising capital. This article analyzes current regulations on corporate bonds and loopholes therein and offers recommendations to protect investors in Vietnam’s bond market.
Penal liability of legal persons for polluting acts under Vietnams penal code Penal liability of legal persons for polluting acts under Vietnam’s penal code
Environmental pollution has not only caused damage to property and human health and life but also exerted great adverse impacts on the national economy. Criminal laws of Vietnam contain provisions on handling on legal persons’ acts of polluting the environment, covering the examination of their penal liability.
Govt may recall unused funds for public investment projects Gov't may recall unused funds for public investment projects
Undisbursed funds for public investment projects could be recalled if local governments failed to implement the projects for an extended period of time, said Deputy Prime Minister Le Minh Khai in a meeting with officials of five provinces in Hanoi on May 19.
Improving IP law in the context of international integration Improving IP law in the context of international integration
Over the past time, Vietnam’s legal system on intellectual property (IP) has been built and regularly revised, forming a fundamental legal foundation to regulate issues related to intellectual property rights (IPRs) protection and enforcement. Today, in the face of the requirements of an increasingly intensive, extensive and comprehensive international integration process, it needs further improvements to ensure effective implementation of international commitments and promote the application of scientific and technological research outcomes to production and business, contributing to the national socio-economic development.
Six land-related decrees to be revised Six land-related decrees to be revised
The Ministry of Environment and Natural Resources (MONRE) is working on a draft decree revising six decrees guiding the Land Law, with a view to resolving existing land-related problems pending the promulgation of a new Land Law.
Vietnam aims to reduce occupational fatalities by 4 percent Vietnam aims to reduce occupational fatalities by 4 percent
Vietnam has set an annual target to reduce the rate of fatal occupational accidents by 4 percent.

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