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Official Gazette

Saturday, July 4, 2020
Tags: civil relations
Financing projects in industrial zones: a view from practice Financing projects in industrial zones: a view from practice
Industrial zones have become a popular investment destination for foreign businesses. It is common now in practice to finance projects carried out in industrial zones and/or to take security over real estate located in those industrial zones. However, since the legal framework on lease of land in industrial zones remains complicated and has its limitations, such financing may turn risky for credit institutions in certain circumstances and at some stages. This article tries to present some legal aspects of extension of credit secured by real estate in industrial zones and suggest how to manage legal risks for credit institutions.
Penalties for breach of construction contracts Penalties for breach of construction contracts
In the context that there are different regulations of the Civil Code, the Commercial Law and the Construction Law regarding the maximum amount of penalty for breach of construction contract, this article will discuss about two legal issues: (i) principles for resolution of the conflict of laws that regulate construction contracts between the Civil Code, the Commercial Law and the Construction Law and (ii) the maximum amount of penalty for breach of construction contracts (including both state-funded construction works and private construction works).
Draft scheme on state economic management proposed Draft scheme on state economic management proposed
State agencies should consider enterprises their customers rather than to-be-managed entities, according to a draft scheme on comprehensive reform of the state management of the economy prepared by the Ministry of Planning and Investment.
A new approach to applying limitation periods under the 2015 Civil Code A new approach to applying limitation periods under the 2015 Civil Code
This article highlights the new approach adopted by the 2015 Civil Code to the application of limitation periods for requesting settlement of civil cases and matters. It also explores some specific limitation periods for declaring civil transactions null and void, requesting protection of personal rights, initiating contract-related lawsuits, and claiming compensation.
Handling enterprises environmental violations in Vietnam: current situation and suggested solutions for better management Handling enterprises’ environmental violations in Vietnam: current situation and suggested solutions for better management
In recent years, the number of environmental violations committed by legal persons has been on the rise in Vietnam including the cases of Vedan, Sonadezi, Nicotex Thanh Thai, Hao Duong Leather Corporation, Tung Kuang Company, and the most recently the case of Formosa Steel Ha Tinh Company in 2016.
Protection of ownership over property under civil law Protection of ownership over property under civil law
An individual or a legal person that wishes to have other rights over property must also prove the bases for establishment of such rights. Specifically, easement must be established due to natural terrain or in accordance with a law, an agreement or a testament, while usufruct and the right of superficies must arise in accordance with a law, an agreement or a testament.
Free will to enter into contract under the Civil Code Free will to enter into contract under the Civil Code
Freedom of contract in general or free will to enter into contract in particular is one of the basic principles of private law and civil code. Vietnam’s 2015 Civil Code contains necessary revisions to better guarantee these principles in the country’s private law system and in the formation and perfection of legal behavioral standards for subjects of private relations in conformity with international customs and practices.
Third-party security in the Civil Code Third-party security in the Civil Code
The 2015 Civil Code provides nine measures to secure the performance of civil obligations according to two approaches, namely law-prescribed security and agreement-based security, and security without property and security with property. Under either approach, the issue that attracts special attention from the parties to civil transactions is whether third-party security is recognized and what legal contents of this issue are. This article touches upon the issue in light of the Code.
Court precedents in Vietnam: a view from the building of the 2015 Civil Code Court precedents in Vietnam: a view from the building of the 2015 Civil Code
Vietnam’s legislative work has entered a new development period with a focus on recognizing, respecting, protecting and guaranteeing human rights and citizens’ rights and implementing the judicial reform strategy, especially upholding the role of people’s courts in safeguarding justice and exercising the judicial power.
Party resolves to refine market economy institutions Party resolves to refine market economy institutions
The 12th Central Committee of the Communist Party of Vietnam on June 3 issued Resolution 11 of its fifth plenary meeting on completing the institutions of the socialist-oriented market economy, setting objectives for 2030 as well as solutions to achieving these objectives. Following are the principal contents of the Resolution.

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