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Official Gazette

Saturday, March 25, 2023
Tags: security interests
Official Gazette issues Nos 125-129/2022 released on February 20 2023 Official Gazette issues Nos 125-129/2022, released on February 20, 2023
Decree specifies cases of registration of security interests Decree specifies cases of registration of security interests
The Government has recently issued Decree 99/2022/ND-CP, specifying the registration of asset-based security interests, with a view to enhancing the state management of this field.
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.
Legal framework governing security assets Legal framework governing security assets
Secured transactions play a vital role in securing the legitimate interests and reducing risks between the parties in transactions. Security assets are an important part of secured transactions. They are governed by Civil Code 91/2015/QH13 dated November 24, 2015 (the Civil Code), Government Decree 21 dated March 19, 2021, guiding the implementation of the Civil Code’s provisions on secured transactions (Decree 21) and other relevant legal texts. This article is confined to provide an overview of the current laws and regulations on security assets, focusing on new points of Decree 21.
Charge over future assets: an overview Charge over future assets: an overview
Charge over future assets was first recognized in Government Decree 165/1999/ND-CP dated November 19, 1999, on secured transactions. Since then, charge over future assets has become more and more popular and show its important position in financial activities. This is the aim of this article to provide an overview about this special type of charges.
Principles of priority of security under the general law: an overv Principles of priority of security under the general law: an overv
When a bank takes security over assets of a company or an individual, its concern is not only that such security will be effective but also that the security interest will take priority over other parties’ interests in the assets concerned. Civil Code 91/2015/QH13 dated November 24, 2015, contains various new rules on priorities that are completed by its implementing texts and specialized legislations.
Conflict between the lessee of an asset and the holder of a security over such asset Conflict between the lessee of an asset and the holder of a security over such asset
Leasing out a charged asset is common practice for the chargor to exploit the value of such asset. New rules on secured lending have tried to complete the applicable regime. However, those rules still leave something to be desired. This article examines those rules as well as their drawbacks with a practical viewpoint and application.
Vietnam adapts social security law to Industrial Revolution 4.0 Vietnam adapts social security law to Industrial Revolution 4.0
Dr. Le Thanh Binh Ho Chi Minh National Politics Academy Social security law constitutes a crucial factor contributing to the materialization of socio-political stability and sustainable development objectives. When manual labor is replaced by automation in the economy and robots replace men in various fields, millions of laborers in the world would find themselves unemployed, thus leading to a deeper social class division. Therefore, social security law should be reformed in conformity with such pillars as the Social Insurance Law, Health Insurance Law, Employment Law and Labor Code in order to assist laborers to be adaptable to Industrial Revolution 4.0.
General law of guarantees General law of guarantees
Bui Duc Giang
Attorney at law and PhD in law
Guarantees are personal security recognized by the general law of security. The security is used both in the context of corporate financing and retail banking. Civil Code 91/2015/QH13 dated November 24, 2015 (the Civil Code) creates the general law for this security interest of which this article tries to provide an overview.
Internationalization trend and challenges of Vietnams criminal legislation Internationalization trend and challenges of Vietnam’s criminal legislation
Vietnam’s criminal law’s evolution landmarks include the first-ever 1985 Penal Code, 1999 Penal Code (revised in 2009) and the latest Penal Code passed in 2015 (revised in 2017). Each of these codes and its revised version was imbued with characteristics of certain criminal legislation trends in its effective period. In the initial stage of codification of Vietnam’s criminal law, international aspects were embodied in a very moderate manner. The 1985 Penal Code only recognized some international criminal law principles regarding some crimes in order to protect interests of the international community. The 1999 Penal Code went further with some revisions to guarantee Vietnam’s responsibility as a state party to a number of conventions and treaties on criminal justice. However, these two codes have not yet initiated the internationalization trend of Vietnam’s criminal law. Until the 2009 Code revising the 1999 Penal Code and the 2015 Penal Code (revised in 2017), such trends as modernization, benevolence, international integration, judicial reform and respect for human rights are embraced. So, for what reasons Vietnam’s criminal law has been influenced by international criminal law and more and more clearly leaned toward consistency with international criminal law?

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