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

Official Gazette

Monday, October 3, 2022
Tags: 2015 Civil Code
Development of precedents in the context of judicial reform in Vietnam Development of precedents in the context of judicial reform in Vietnam
In the last two decades, the theoretical and practical issues of court precedents as “case law” have attracted interest of many legal researchers in Vietnam. The term “precedent” first appeared in the Communist Party of Vietnam (CPV)’s Political Bureau’s Resolution 48-NQ/TW dated May 24, 2005, on the Strategy to build and improve the Vietnamese legal system by 2010, with a vision toward 2020.
Structured debt bad debt and enterprise debt trading Structured debt, bad debt and enterprise debt trading
The Government has submitted to the National Assembly a report on results of the settlement of bad debts under Resolution 42/2017/QH14.
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.
How Vietnam legally adapts to the emergence of Fintech How Vietnam legally adapts to the emergence of Fintech
Fintech is the combination of two factors: Finance and Technology. For the time being, there is no official or legal definition of Fintech. It should be noted that how Fintech is defined hinges upon the specific contexts and different approaches. However, the common denominator in most definitions is the application of technologies to enhance financial services.
Exercise of the right to freedom of enterprise in the sharing economy Exercise of the right to freedom of enterprise in the sharing economy
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.
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.
Safeguarding customer information: the need to clarify responsibility of banks and mobile service providers Safeguarding customer information: the need to clarify responsibility of banks and mobile service providers
Confidentiality of customer information in banking service is among very complicated issues as it concerns interests of customers and obligations of credit institutions as well as third parties that wish to access information. This article gives a brief evaluation of Vietnam’s general legal framework regulating customer information protection and the responsibility of banks and mobile service providers to safeguard customer information in fintech operations.
New guidance on trial of criminal cases involving usury New guidance on trial of criminal cases involving usury
The Supreme People’s Court’s Judicial Council on December 20 issued Resolution 01 guiding Article 201 of the 2015 Penal Code regarding trial of criminal cases involving usury in civil transactions.
Immunity from measures to enforce court judgments Immunity from measures to enforce court judgments
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.

Video

Vietnam Law & Legal Forum