Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Sunday, June 11, 2023
Tags: litigation
Party Central Committee sets out major tasks and solutions for further improving the socialist law-ruled state in the coming time Party Central Committee sets out major tasks and solutions for further improving the socialist law-ruled state in the coming time
On November 9, 2022, the 6th plenum of the 13th Party Central Committee adopted Resolution 27-NQ/TW on continuing to build and complete the Vietnamese socialist rule-of-law state in the new period. Vietnam Law & Legal Forum magazine would like to introduce to readers the full text of this Resolution.
Renovating the organizational apparatus of peoples courts for improvement of a socialist law-ruled state of Vietnam1 Renovating the organizational apparatus of people’s courts for improvement of a socialist law-ruled state of Vietnam[1]
After two decades of implementing the Judicial Reform Strategy under the Party’s resolutions, judicial reforms within people’s courts have recorded remarkable achievements, helping raise the position and prestige of courts. In order to successfully implement the Resolution of the 13th National Party Congress and the Resolution of the 6th plenum of the 13th Central Party Committee, it is a need to further renew the organizational apparatus and operation of people’s courts toward building the system of independent, professional, modern, equitable, civilized and incorruptible people’s courts serving the Fatherland and the people.
Shareholder litigation right under Vietnams enterprise law Shareholder litigation right under Vietnam’s enterprise law
By exercising their right to initiate lawsuits, shareholders of joint-stock companies become able to protect their own rights and interests against infringements of their companies and corporate managers. However, current relevant regulations still see limitations regarding the shareholder litigation right. This article analyzes such limitations and dwells upon how to better facilitate the proper exercise of this right.
Firms advised to apply effective dispute settlement resolution amid FTAs implementation Firms advised to apply effective dispute settlement resolution amid FTAs implementation
Vietnamese enterprises should study the use of different dispute resolutions to settle disputes with foreign partners more efficiently, especially as commercial disputes are tending to rise in line with Vietnam’s deeper integration in the global economy through free trade agreements (FTAs).
Smart contracts prompt the need to improve the legal system Smart contracts prompt the need to improve the legal system
In Vietnam, when it comes to blockchain, people often think of virtual currency such as Bitcoin and Ethereum. But in fact virtual currency is just the first and most popular application of blockchain technology. Blockchain technology can be applied in innumerable domains, one of which is blockchain-based smart contracts. Smart contracts have been developed and are used in a variety of fields such as finance, banking, supply chain, healthcare, education, transportation, etc. The questions now are: what is the legality of smart contracts, can Vietnam’s contract law be applied to smart contracts, and in the future do we need to revise the current legal system to regulate smart contracts? This article will focus on analyzing, evaluating and clarifying the above issues.
Specialized intellectual property courts around the world and recommendations for Vietnam Specialized intellectual property courts around the world and recommendations for Vietnam
The draft Law Revising a Number of Articles of the Intellectual Property Law has been put for public opinions and is expected to be submitted to the 15th National Assembly for consideration and comments at the 2nd session, and passage at the 3rd session. The amendments and supplementations focus on seven main groups of policies recently approved by the National Assembly, including improvement of the effectiveness of the intellectual property (IP) rights protection. This article introduces some models of specialized IP court in a number of countries in the world and makes some recommendations for Vietnam to improve the effectiveness of its IP rights protection activities.
Commentary on the 2020 Enterprise Laws new provisions on joint-stock companies Commentary on the 2020 Enterprise Law’s new provisions on joint-stock companies
Although there are no landmark or breakthrough changes in the 2020 Law on Enterprises, it still provides necessary and timely amendments and supplements, making it easier for businesses and investors as well as state management agencies to navigate. In this article, the author only discusses and clarifies the new basic provisions on joint-stock companies of the 2020 Enterprise Law in order to raise awareness about and help improve effectiveness of enforcement for this type of company.
Resolutions to disputes and claims about transactions on e-commerce platforms in Vietnam Resolutions to disputes and claims about transactions on e-commerce platforms in Vietnam
In the context of the extensive and pervasive integration of the Industrial Revolution 4.0 and the impact of the COVID-19 epidemic, e-commerce business models have successively surpassed traditional ones. According to the e-Conomy SEA 2020 by Google, Temasek, and Bain & Company, Vietnam’s e-commerce industry grew by 46 percent.
WINCO Law Firm - a reliable partner of enterprises WINCO Law Firm - a reliable partner of enterprises
WINCO Law Firm was established in 2002 by a contingent of lawyers who possess plenty of experiences in proceedings and litigation in various fields, ranging from criminal cases to commercial and land- and intellectual property-related disputes.
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.

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A “painting” on rice fields in Tam Coc