Kiến tạo những giá trị tốt đẹp
The deducted input value-added tax is the basis for calculating the payable value-added tax. Below are the conditions for deduction of input value added tax this year. Base: Circular 219/2013/TT-BTC Circular 119/2014/TT-BTC Circular 26/2015/TT-BTC Circular 173/2016/TT-BTC According to Article 15 of Circular 219/2013/TT-BTC (amended by Clause 10, Article 1 of Circular 26/2015/TT-BTC), the conditions for […]
According to regulations, for production and business enterprises with taxable income, they must pay corporate income tax (CIT). Below is a detailed guide on how to calculate CIT according to the latest regulations, businesses should note to avoid errors. 1. Instructions on how to calculate CIT According to Clause 1, Article 3 of Circular 78/2014/TT-BTC […]
Trademark registration is an urgent and extremely important thing for trademark owners to protect their intellectual property. Trademark owners who want to protect their trademarks must register for protection at a competent State agency. With many years of experience in the field of implementation trademark registration procedures for businesses at Vinhomes Central Park as well […]
Legal situation Mr. Nguyen Van H signed a probationary contract with X Company Limited from September 30, 2020 to November 30, 2020. After the end of the probation period, Company X did not notify the probationary results and did not sign a labor contract with Mr. H. Mr. H continued to work at the Company […]
On the morning of October 24, continuing the second session, the National Assembly discussed online the work reports of the judicial authorities, Chief Justice of the People’s Court Nguyen Hoa Binh explained and clarified a number of deputies’ issues. Parliament stated. Chief Justice of the People’s Court Nguyen Hoa Binh Speaks, photo: collection Chief Justice […]
Recently, there have been many scandals and mixed opinions, good and bad, related to artists calling and raising money for charity. From a legal perspective. We see that the law has not specifically guided this work; However, when implementing it, it is necessary to ensure transparency, publicity, and the right purpose of the money mobilized. […]
In order to meet the requirements of practice to remove difficulties and obstacles in corporate governance, production and business investment activities, a number of contents of the 2020 enterprise luaath are expected to be revised, As follows: Regarding the disclosure of information on the mid-year financial statements of state-owned enterprises. – At Point d, Clause […]
Unemployment insurance is a regime aimed at compensating a part of an employee’s income when he or she loses a job, supporting them in vocational training, job maintenance, and job search on the basis of contributions to the Unemployment Insurance Fund. . Accordingly, when performing a labor contract, the employee pays unemployment insurance premiums, when […]
Dr. NGUYEN THI MINH PHUONG (Ho Chi Minh City People’s Court) – Within the scope of the article, the author focuses on clarifying the legal provisions on house ownership in Vietnam of overseas Vietnamese. and practice of settling house ownership disputes of overseas Vietnamese and applying Case Law No. 02/2016/AL dated April 6, 2016 of […]
When implementing promotional programs on the online sales website, whether it is necessary to notify / register with the Department of Industry and Trade is a question of many businesses. The following article will clarify this issue. Legal documents related to promotional activities Commercial Law dated June 14, 2005. Decree No. 81/2018/ND-CP dated May 22, […]
In addition to sanctioning administrative violations in the prevention and control of the Covid-19 epidemic, the following acts can also be criminally handled according to the provisions of law, specifically: ACTIVITIES THAT SPREAD HUMAN DISEASES Persons who have been notified of illness; a person suspected of contracting the disease or returning from an area with […]
Here, DHP Law would like to introduce the article of lawyer Tran Duc Hung on analyzing a presumptive reason for divorce of couple Bill Gates and Melinda from the perspective of a theory of corporate governance as follows: When I studied Business Administration, I loved the lesson on analyzing and applying Maslow’s Human Needs Pyramid […]
How should my business want to buy and sell gold jewelry? To buy and sell gold jewelry, your business must meet 2 conditions under Article 8 of Decree No. 24/2012/ND-CP on management of gold business, specifically: – Having registered the business of buying and selling fine art jewelry; Having a location, facilities and necessary equipment […]
Assoc.Prof.Dr. DO VAN DAI – Dean of the Faculty of Civil Law – City Law University. Ho Chi Minh City – In 10 published case precedents, there is a case related to interest due to late payment (late payment) of an amount. That is Case Law No. 08/2016/AL (built on the basis of Cassation Decision […]
During the settlement of civil cases, if the involved parties request or deem it necessary, the Judges shall conduct the on-the-spot consideration and appraisal. The on-site examination and appraisal is mainly carried out for cases in the first instance stage, that is, measuring the current state of the disputed land, examining objects, architecture, trees and […]
The Supreme People’s Procuracy has just issued Decision 364/QD-VKSTC promulgating the Regulation on supervision of the settlement of civil cases. This Regulation replaces the Regulation promulgated together with Decision 567/QD-VKSTC in 2012. Accordingly, the new regulations stipulate quite in detail the tasks and powers of the Procuracy; supervision of the settlement of civil cases. Notably, […]
The representative of the People’s Procuracy at the appellate level also suggested that the first-instance judgment be annulled because many issues related to the conclusion of the contract, the compensation claim and the request for fines for violations were not clear. The People’s Court of Lam Dong province has just heard the appellate court annulled […]
The controversy surrounding the Vietnam Music Copyright Protection Center (VCPMC) asking hotels to pay for the use of music broadcast on television is an interesting legal story. Let us analyze based on the provisions of current law. VCPMC “vin” where? VCPMC’s request to collect money for using music on television in a hotel is based […]
In fact, many courts still hear cases where the victim is then the defendant in a court session. Unnecessary separation of the case leads to a prolongation of the case settlement time, affecting the rights and obligations of the victim, defendant and related persons. The 2003 Criminal Procedure Code has provided for the separation of […]
After questioning the involved parties, the lawyer asked the jury to answer two questions and was answered by the panel. However, when the lawyer continued to ask questions, the trial panel declared that it was not obliged to answer all questions of the participants in the trial and continued the trial… Recently (September 19), the […]
The way the courtroom is arranged is considered a form of organizing the trial. However, it has a very important meaning in demonstrating the functions and duties of agencies and procedure-conducting persons, contributing to improving the quality of trial and litigation and performing the function of supervising the prosecution. comply with the law of the […]
Choosing to use judgments that have been heard by judges and judges for each specific case as a precedent for future trials with similar circumstances is a common legal technique applied. widely used in most of the advanced countries in the world; In our country alone, there was a history of more than 500 years […]
GENERAL OPINION ON THE POSITION OF SITTING ONLY, STANDING ONLY IN COURSE SOCIAL SOCIAL Seat, standing position is not merely the position, location of a person or some certain people, but the seat and standing position also shows their position, role and importance depending on specific circumstances. body. In terms of semantics – Seating: understood […]
One of the stumbling blocks that the banking industry has ever faced is that the legal system and related policies have many loopholes and exist. Through each bold change in laws and policies, the banking industry is gradually developing more sustainably and substantively. Therefore, timely identification of the “holes” of policies and laws is very […]
Bad debt hinders economic development but is not a burden on society and the economy, because in essence, bad debt is debt of shareholders, bosses of banks, not debt. of society and of the economy. If the debt cannot be collected, the direct sufferer is still the credit institutions themselves. Therefore, so far, the […]
Although the economy has shown signs of improvement, basic difficulties and weaknesses still exist. The production and business story of a large number of businesses still having difficulties, the real estate market’s slow recovery in a healthy way, the bad debt that banks have difficulty in solving… are examples mentioned. to many. Regarding bad […]
According to the new provisions of the 2015 Civil Code, in case the defendant is absent at the place of residence, the judge will not return the petition but still accept the case for settlement. According to the provisions of Article 169 of the 2004 Civil Code, which was amended and supplemented in 2011, when […]
The event that the People’s Court of Da Nang city innovated in the organization of criminal trials, from the arrangement of tables of representatives of the People’s Procuracy (People’s Procuracy) to practice opposite and equal prosecution rights. with the defense lawyer’s desk has shown the spirit of changing from the interrogation procedure model to the […]
Domestic violence causes harm to health and physical; causing psychological and spiritual damage, breaking family happiness and disrupting social order and safety. People’s Procuracy City. Vinh Yen has made a number of recommendations to the City People’s Committee to prevent this situation. In recent years, domestic violence has appeared more and more in Vinh Yen […]
In the face of the situation that many commercial banks do not pay dividends to shareholders, causing conflicts of interest between small shareholders and large shareholders, Lawyer Tran Duc Hung shared a view on this issue. (Posted on Securities Investment newspaper on June 4, 2015). Cause of Conflict In commercial banks, in terms of share […]
Make a problem An important feature of the rule of law is to have a complete legal and judicial system. The current Vietnamese legal system still has many contradictory, outdated or inadequate legal regulations to settle disputes in society. This will make it very difficult for the justice system to carry out its function of […]
Recently, the Chief Justice of the Supreme People’s Court has announced the precedents that have been approved by the Council of Judges of the Supreme People’s Court. According to the provisions of Point c, Clause 2, Article 22 of the Law on Organization of the People’s Court, the Council of Judges of the Supreme People’s […]
On October 29, in Hanoi, the Supreme People’s Court (People’s Court) introduced Resolution 03/2015/NQ-HDTP of the Judicial Council of the Supreme People’s Court on the process of selecting, announcing and applying use case law. This Resolution takes effect from December 16, 2015. This is an important step in the judicial reform process and implementation of […]
In practice, problems arise in the decision to terminate the settlement of an administrative case that is appealed or protested against, then the plaintiff withdraws the lawsuit petition, the appellant withdraws the appeal petition, the Procuracy withdraws the protest, the Court shall grant the appellate court shall base on which law provisions to settle appropriately. […]
In order for readers to have a clear understanding of the legal provisions regulating the conditions and standards for the appointment of leading positions in State agencies, here is a summary of the relevant legal documents as follows: The system of legal documents stipulating standards and conditions for appointment of cadres includes : Joint documents […]
The current statute of limitations is a very important issue when dealing with most disputes. If the statute of limitations expires, is there a way to file a lawsuit? This is a question that is asked a lot when it comes to the statute of limitations for lawsuits. Here are some of our analyzes on […]
The Labor Code 2019 (Labour Code 2019; effective from January 1, 2021) stipulates many new points about wages and bonuses that employees need to know to ensure their legitimate rights and interests in the relationship. the labor system with the employer (employer), specifically: Employers must not force employees to use their salaries to buy goods […]
Many new points in the Labor Code 2019 on labor contracts that employees need to know to ensure their legitimate rights. Increase the recognition of actual labor relations Additional provisions: Any contract, regardless of its name, is considered a labor contract if it has all 3 signs: – Working on an agreement basis; – Paid […]
Visa is an extremely important document, deciding whether a foreigner can legally live, study and work in another country. Visa extension means applying for an extension of the period of stay granted on the visa to continue to stay legally in the host country. Due to the outbreak of corona virus (Covid-19), and the demand […]
On November 25, 2019, the National Assembly passed the Law on entry, exit, transit and residence of foreigners in Vietnam. The Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, effective from July 1, 2020, contains many new regulations on entry and exit of foreigners. Here, the DHP Law updates the new points […]
Contracts are the most common form of transaction that we encounter in our daily lives as well as in business. Here, DHP LAW would like to introduce some features for readers to understand the Contract. 1 What is a contract? A contract is an agreement between two or more entities to bind the rights […]
couple who carry out the divorce procedure must, of course, be attached to an agreement on the division of common property because after the Court settles the divorce, the property and personal rights of the two are independent. Upon divorce, the settlement of property will be agreed upon by the parties; In case no agreement […]
Currently, there are many individuals who were born in Vietnam but later settled abroad and obtained foreign citizenship. Now these individuals want to return to Vietnam to buy a house to live in. Therefore, they want to carry out the Vietnamese origin certification procedure. Hereafter, Law Office Tran Duc Hung and Associates would like to […]
Law No. 18/2017/QH14 of the National Assembly: Law on Fisheries Text properties: Numbers/Symbols 18/2017/QH14 Date issued 11/21/2017 Effective date 01/01/2019 Signer Nguyen Thi Kim Ngan Abstract Fisheries Law Agency issued Congress Classify The law Click to download =>> Law No. 18/2017/QH14
Law No. 17/2017/QH14 of the National Assembly: Law amending and supplementing a number of articles of the Law on Credit Institutions Text properties: Numbers/Symbols 17/2017/QH14 Date issued 11/20/2017 Effective date January 15, 2018 Signer Nguyen Thi Kim Ngan Abstract Law amending and supplementing a number of articles of the Law on Credit Institutions Agency […]
Decree No. 122/2017/ND-CP of the Government: Regulations on a number of specific contents on financial management mechanism and performance evaluation for lottery business enterprises; Stock Exchange and Vietnam Securities Depository Text properties: Numbers/Symbols 122/2017/ND-CP Date issued 11/13/2017 Effective date 01/01/2018 Signer Nguyen Xuan Phuc Abstract To stipulate a number of specific contents on financial […]
Decree No. 119/2017/ND-CP of the Government: Regulations on sanctioning of administrative violations in the field of standards, measurement and quality of products and goods Text properties: Numbers/Symbols 119/2017/ND-CP Date issued November 1, 2017 Effective date 12/15/2017 Signer Nguyen Xuan Phuc Abstract Regulations on sanctioning of administrative violations in the field of standards, measurement and […]
Decree No. 123/2017/ND-CP of the Government: Amending and supplementing a number of articles of the Decrees regulating the collection of land use levy, land rent, and water surface rent Text properties: Numbers/Symbols 123/2017/ND-CP Date issued 11/14/2017 Effective date 01/01/2018 Signer Nguyen Xuan Phuc Abstract Amending and supplementing a number of articles of Decrees on […]
Text properties: Numbers/Symbols 125/2017/ND-CP Date issued 11/16/2017 Effective date 01/01/2018 Signer Nguyen Xuan Phuc Abstract Amending and supplementing a number of articles of Decree No. 122/2016/ND-CP dated September 1, 2016 of the Government on Export Tariffs, Preferential Import Tariffs, List of goods and absolute tax rates , mixed tax, import tax outside the tariff quota […]
Guidance on handling cases in which a labor dispute case has many claims, including the requirement to bring the mediation at the grassroots level before initiating a lawsuit. Answer: Lawyer Tran Duc Hung – DHP law firm said as follows: According to the provisions of the Labor Code, there are labor disputes that must go through […]
In a criminal case, a person can participate in the case in many ways such as being both the accused and the victim, both the accused and the person with related rights and obligations, etc. When investigating, prosecuting and adjudicating a case, it is necessary to ensure the rights and obligations of the participants in […]
Case precedents have been published to implement the Law on Organization of People’s Courts Recently, the Chief Justice of the Supreme People’s Court has announced the precedents that have been approved by the Council of Judges of the Supreme People’s Court. According to the provisions of Point c, Clause 2, Article 22 of the Law […]
ASK I have a plan to make a loan agreement. I don’t know how this issue is regulated by the law today? ANSWER DHP LAW will answer your questions as follows: A property loan contract is an agreement between parties whereby the lender hands over the property to the borrower for use within a period […]
ASK I have placed an order through the phone number of company X, which sells through TV, to buy an exercise machine for 10 million VND. Because I changed my mind and asked for a refund, I did not buy anymore, so I called the company right after that and the company told me that […]
Currently, there is no specific concept of a contract for the delivery of goods to a foreign trader, so it is still included in the general provisions of the processing contract in accordance with the provisions of the Civil Code 2015 and more specifically the In accordance with the provisions of the processing of goods […]
ASK I live in Ha Noi. I have rented my house to a company for 6 years for living and doing business, with a deposit of 3 months’ rent. The lease contract is notarized at the State Notary Office. After the rental period, due to the distance, the tenant arbitrarily transferred to another person to […]
ASK I have just established a joint-stock company, I am the Director, the legal representative, the capital contribution is entirely in cash. I have a house in my wife’s name that I am lending to the company as a headquarters, now I want to rent it to the company. So, can I authorize the deputy […]
Commodity trading is a central activity in trade exchanges, playing an important role in promoting the development of the economy. The goods sale and purchase relationship is expressed in a certain legal form as a contract for the sale of goods. A contract for the sale of goods is an agreement of the will of […]
ASK I have a question I hope you can help answer. Does the rental agreement need to be notarized? When notarizing, what benefits will you get compared to a non-notarized rental contract? ANSWER Answering your questions, DHP LAW will answer the following questions: Clause 2, Article 122 of the 2014 Law on Housing provides: “For […]
ASK Currently I need money to invest in a project and want to borrow 1 billion VND from my friend. Please advise me what is the reasonable rate of interest according to the law? ANSWER DHP LAW would like to answer your questions as follows: Article 468 of the 2015 Civil Code regulates interest rates […]
For the first time, the Civil Code recognized the effect of “public credit”. Accordingly, the property has been registered at a competent state agency, then transferred by another civil transaction to a bona fide third party who, based on such registration, performs the transaction. then the transaction with the third party is not void. Around […]
Land dispute resolution is a lengthy process involving several stages. Mediation is the first and mandatory stage. After the conciliation of land disputes at the commune-level People’s Committees fails, the disputing parties are entitled to carry out the procedures to initiate a lawsuit over the land dispute. The procedure for initiating a lawsuit for a […]
ASK Me and a friend are planning to open a restaurant that sells breakfast and lunch. We made an oral agreement that I would be the one to put the capital and my friend to contribute the premises to open the shop. Both will work together and the profit will be divided in half. But […]
If an involved party is absent from the appellate court session but his authorized representative is present, does the court have to postpone the court session? If the defendant has duly authorized a representative to participate in the proceedings, to whom does the court serve the procedural documents? […]
Divorce with foreign elements is one of the complicated types of cases in terms of procedures as well as in resolving property disputes. So when getting a divorce with a foreigner, what should you pay attention to? Competence to settle divorce cases with foreigners According to the provisions of Articles 37 and 39 of the […]
The provisions of the law From Articles 484 to 490, Chapter XXXIV of the Criminal Procedure Code 2015 provides for the protection of crime whistleblowers, witnesses, victims and other procedure participants. Clause 1, Article 484 stipulates that subjects protected in criminal proceedings avoid the risk of being harmed to their lives, health, honor, dignity, property […]
At the time of settlement of the land use right dispute, the household members have changed compared to the time of issuance of the land use right certificate. What is the obligation to participate in the proceedings? Image for illustration purposes only (Internet source) In Document No. 01/2017/GD-TANDTC dated April 7, 2017 TANDTC answered this […]
The court only accepts to handle the divorce case with the missing person when there is a court decision declaring that the spouse is missing. Image for illustration purposes only (Internet source) In marriage and family relations, the disappearance of a husband or wife has affected the relationship between husband and wife and family members. […]
In case the defendant has duly authorized a representative to participate in the proceedings, the Court shall serve the representative of the defendant without having to serve the defendant. In case the defendant has duly authorized a representative to participate in the proceedings, shall the court serve the procedural documents to the defendant or […]
According to the provisions of Clause 9, Article 70 and Clause 5, Article 96 of the 2015 Civil Procedure Code, involved parties are obliged to send other involved parties or their lawful representatives copies of documents and evidences. Image for illustration purposes only (Internet source) So when should involved parties send documents and evidences? How […]
