Category: Civil Law & Marriage

2 Aug / 0 / Luật DHP

LEGAL PROVISIONS ON STANDARDS FOR Appointment of cadres IN STATE AGENCIES

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 […]

Civil Law & Marriage

How to restore the statute of limitations?

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Civil Law & Marriage

10 new points about salary and bonus from 2021 employees need to know

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Civil Law & Marriage

Labor contract in 2021: 10 new points employees need to know

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Civil Law & Marriage

PROCEDURES FOR EXTENSION OF VISA FOR FOREIGNERS IN VIETNAM

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NEW POINTS IN THE LAW OF FOREIGNERS IN VIETNAM

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...

SIMPLE KNOWLEDGE OF CONTRACT AND CONTRACT DRAFT SKILLS

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...

Principles of division of common property of husband and wife upon divorce

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...

PROCEDURES FOR CERTIFICATION OF VIETNAM ORIGINAL FOR VIETNAM WITH FOREIGN NATIONALITY

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...

Fisheries Law

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...

Law amending and supplementing a number of articles of the Law on Credit Institutions

Law No. 17/2017/QH14 of the National Assembly: Law amending and supplementing a number of articles of the Law on Credit Institutions Text...

Decree No. 122/2017/ND-CP stipulating a number of specific contents on financial management mechanism and performance evaluation for lottery business enterprises; Stock Exchange and Vietnam Securities Depository

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...

Decree No. 119/2017/ND-CP stipulating penalties for administrative violations in the fields of standards, measurement and product and goods quality

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...

Decree No. 123/2017/ND-CP Amending and supplementing a number of articles of Decrees on collection of land use levy, land rent and water surface rent

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...

Decree No. 125/2017/ND-CP of the Government: Amending and supplementing a number of articles of Decree No. 122/2016/ND-CP dated September 1, 2016 of the Government on the Export Tariff and the Tariff Preferential import, List of goods and absolute tax rates, mixed tax, import tax outside the tariff quota

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...

GUIDELINES ON CONDITIONS FOR LABOR DISPUTES

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...

Do not separate the case when the victim is then the accused

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...

Case precedents have been published to implement the Law on Organization of People’s Courts

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...

Property loan contract

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...

Penalties for breach of contract

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...

What is a contract for processing goods for foreign traders?

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...

Unilateral termination of a lease

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...

Regulations on the scope of authorized work

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...

What are the conditions for a contract of sale and purchase of goods to be valid in accordance with the law?

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...

Does the rental agreement have to be notarized?

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...

Regulations on interest rates in loan contracts

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...

Recognizing the effect of “publicity” in dealing with a third party in good faith

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...

Procedures for initiating a land dispute

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...

Is there a penalty for canceling an oral contract midway?

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...

Involved parties are absent, authorized persons are present: Has the court adjourned the trial?

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...

Things to know when getting a divorce with foreign elements

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...

Protection of whistleblowers and other participants in legal proceedings

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...

Identification of household members when settling disputes over land use rights

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...

Divorce from the missing person

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...

Does the court serve proceedings on the defendant or on behalf of the defendant?

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...

Do the involved parties have to prove to the Court that they have sent documents and evidences?

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...

If the application for change of land use purpose is returned, who should sue?

In case of filing a lawsuit against the return of the application for change of land use purpose by the Department of Natural Resources and Environment on the ground that the land...

How to determine the property value when the land purchase and sale contract is void?

Is there a legal basis for determining the value of assets when settling a void land purchase and sale contract by taking the average price of the involved parties? ...

When divorce but husband and wife do not reside in the same place, determine which Court to settle?

For divorce cases, disputes over child rearing, property division upon divorce where the plaintiff and defendant both reside in two different places, the property being real...

Supervising the return of lawsuit petitions, court petitions

For the return of the petition Clause 1, Article 192 of the 2015 Civil Code supplements and clearly stipulates a number of cases in which lawsuit petitions are returned:...

Supervision of judgments and decisions of district courts – Issues raised

Supervision of court judgments and decisions plays an important role in ensuring the accuracy, groundedness and lawfulness, protecting the legitimate rights and interests of...

Supreme People’s Court guides the identification of representatives and activities of the COOPERATIVES

When settling a civil dispute where one party is a Cooperative, but the involved parties cannot determine the address, cannot find a legal representative of the COOPERATIVE, how...

Does the liquidation contract need to be notarized?

ASK: Our company intends to liquidate a fixed asset that is an apartment for individuals. So, according to the law, does this fixed asset liquidation contract need to be...

Divorce: Husband asks his wife for honorary compensation of 30 million dong

The People's Court of Phu Hoa district, Phu Yen has just opened a trial for the divorce case between Ms. D.TT and Mr. LTP. It is remarkable in this case that when his wife asked...

Divorce court fees

In marriage and family relations; between husband, wife, father, mother, children always have conflicts, conflicts, if to the point that they cannot reconcile by themselves, they...

Filed in court and was… lost

The district court said the provincial court kept it, and the provincial court did not return the file, making it difficult to accept the case again. Ms. S. (former accountant...

Sue at the time of delivery, which court to hear?

A decision is sued while the old law is in effect, a decision is sued after the new law comes into effect. In 2007, Mr. N. (born in 1942, living in Binh Thanh District, Ho Chi...

After the trial was over, it was clear that the defendant ‘forgotten’ the defendant

Leaders of the appellate court acknowledged this was a procedural violation and petitioned the cassation level to review the judgment. Nguyen Van Hoang and his wife (living in...

Sue for more than 1 billion dong phone charges

The first instance court rejected the carrier's request, arguing that the customer is the vulnerable party protected when the agreement between the two parties is unclear. On...

Do enforcers assist judgment debtors in dispersing assets?

The process of accepting and settling judgment enforcement, when P Company Limited informed that Mr. K and Ms. L were transferring assets to another person, on February 28, 2017,...

Can death row inmates who report other murders escape the death penalty?

When giving the last word to the Execution Council to prepare for death by lethal injection, the death row inmate never declared himself a witness in another murder case. Will...

Postponement due to failure to properly perform the contract in Vietnamese law

Postponement due to non-performance of contract in Vietnamese law Concept. To postpone in the Vietnamese dictionary is to move from a scheduled time to do something to another,...

Is there a penalty for canceling an oral contract midway?

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...

Conditions for initiating a new civil case

According to the provisions of civil procedure law, the Court can only accept to settle civil cases when there is a petition from the subjects. However, when filing a lawsuit,...

Registering a geographical mark (part 3)

Chapter 1: OVERVIEW OF TRADEMARKS AND GEOGRAPHICAL INSTRUCTIONS (Last part) An overview of geographical indications Protection conditions and grounds for establishing...

Registering a geographical mark (Part 2)

Chapter 1: GENERAL ABOUT TRADEMARKS AND GEOGRAPHICAL INSTRUCTIONS (continued) Contents of protection, limitation of rights and term of trademark protection 4.1 Contents...

Registering a geographical mark (Part 1)

Chapter 1: OVERVIEW OF TRADEMARKS AND GEOGRAPHICAL INSTRUCTIONS Overview of the trademark Concept of trademark Agreement on Commercial Aspects of Intellectual...

Compulsory requirements when putting pictures of children in newspapers

Circular 09/2017/TT-BTTT stipulating the percentage of content, time and duration for children and warning of inappropriate content for children in audio, video, print and...

Add personal identification number to the traffic fine record

Resolution 80/NQ-CP on simplification of administrative procedures and citizenship papers related to population management under the management of the Ministry of...

People can buy health insurance at the commune post office

Official Dispatch 3116/BHXH-BT on collection of social insurance and health insurance through the Postal system. Image for...

Installment car buyers can use a copy of vehicle registration

The Government Office has just issued Official Letter 8061/VPCP-CN on the use of Vehicle Registration Certificate (PTGT) in case of vehicle mortgage at credit...

Sue at the time of delivery, which court to hear?

A decision is sued while the old law is in effect, a decision is sued after the new law comes into effect. In 2007, Mr. N. (born in 1942, living in Binh Thanh District, Ho Chi...

4 new points in signing a loan contract under the Civil Code 2015

When having difficulty in getting a bank loan, businesses often borrow money from individuals or other businesses, leading to many risks for both parties because they do not...

Law on Technology Transfer

Law No. 07/2017/QH14 of the National Assembly: Law on Technology Transfer Text properties: Numbers/Symbols 07/2017/QH14 Date issued June 19,...

List of state monopoly goods and services

On August 10, 2017, the Government issued Decree 94/2017/ND-CP on goods, services, and locations where the state monopoly in commercial activities is exercised. Accordingly,...

How to calculate tax and declare tax when doing business on social networks

The Tax Department has begun to collect tax for individuals and businesses with sales revenue from social networks (Facebook, Zalo, etc.) over 100 million VND/year. Source:...

Labor contract in 2021: 10 new points employees need to know

Many new points in the Labor Code 2019 on labor contracts that employees need to know to ensure their legitimate rights. 1. Increase the recognition of actual labor...

Happy Vietnamese Lawyer’s Day

DHP Law Firm wishes you good health - happiness and success. Wishing you lawyers will grow stronger and stronger, create trust with the Party, State and people, contribute to...

THE PRESIDENT OF THE NATIONAL ASSEMBLY: NO LAW ISSUED, THE NATIONWIDE WAIT FOR INSTRUCTIONS

Mr. Vuong Dinh Hue said it was "not convincing" if the revised Law on Insurance Business had to wait until mid-2023 to apply because there was no time to have a guiding...

Chief Justice of the People’s Court Nguyen Hoa Binh: The draft resolution of the online trial was carefully and carefully implemented

On the morning of October 24, continuing the second session, the National Assembly discussed online the work reports of the judicial agencies, Chief Justice of the People's Court...