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Official Gazette

Friday, August 12, 2022
Tags: litigation
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.
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.
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.
Vietnam rejects Chinas statement on sovereignty over Truong Sa islands Vietnam rejects China’s statement on sovereignty over Truong Sa islands
Vietnam rejects all contents of the statement made by the Chinese spokesperson on sovereignty over Truong Sa (Spratly) archipelago on November 8.
Ministry to set Made in Vietnam criteria Ministry to set 'Made in Vietnam' criteria
‘Made in Vietnam’ products are required to have a localization rate of 30 percent and be partly produced in Vietnam. This is one of the criteria set by the Ministry of Industry and Trade in a draft circular providing criteria for products eligible to be classified as ‘made in Vietnam’.

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