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 is located in the planning area, the defendant shall be determined to be the district-level People’s Committee. […]
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? Image for illustration purposes only (Internet source) Case content: […]
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 estate is located in another place, the Court has jurisdiction. settlement will be the Court where the defendant resides and works. […]
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: The petitioner does not have the right to initiate a lawsuit (i.e. the petitioner is not to claim protection of his/her legitimate rights and interests and […]
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 citizens and organizations, and contributing to ensuring the law. uniform implementation law. Legal basis of supervision of judgments and decisions of district courts On the basis of the duties and powers […]
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 to handle it? In this regard, on April 7, 2017, the Supreme People’s Court issued Official Letter 01/2017/GD-SUPPORT PEOPLE’S COURT guiding the People’s Courts, Military Courts at […]
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 notarized at a notary office? ANSWER: DHP LAW would like to answer your questions as follows: Your company liquidating fixed assets is an apartment for individuals. […]
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 for a divorce, the husband asked his wife to pay compensation. loss of honor, dignity and reputation to myself and […]
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 will ask the Court to settle. However, like other civil cases, when there are requirements on marriage and family such as divorce, change of child custodian, child support, etc., […]
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 of a commune in Krong No district, Dak Nong) has just sent an application to the People’s Court of this province to complain that the […]
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 Minh City) applied for a permit to repair his house and raise the third floor of his house. But […]
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 Trung Hung commune, Co Do district, Can Tho city) are the defendants in the case of a property loan contract dispute. Accordingly, in the course of doing […]
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 August 15, the People’s Court of Ho Chi Minh City held an appellate hearing of the Vietnam Posts and Telecommunications Group (hereinafter referred to as the group) suing […]
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, but the enforcer of the Civil Judgment Execution Sub-Department District H issued Decision No. 01/QD-CCTHADS to suspend the transfer of property rights to Mr. K, Ms. […]
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 they escape death? Vietnamnet newspaper on August 13, 2017 reported: Vi Be Ngot was the subject of brutal murder of two children, causing a stir […]
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, later time [1] In legal science, postponement is often understood to temporarily not perform, proceed with what must be done. , must proceed. Thus, a postponement of […]
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 the premises to open the shop. Both will work together and the profit will be divided in half. But after […]
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, what conditions must be complied with in order to initiate a civil lawsuit in order for the petition to be accepted by the Court? First […]
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 rights to geographical indications Protection of geographical indications means that the State, functional agencies and entities, through the legal system, conduct activities related to the establishment, exploitation, management and protection of subjects. against infringements […]
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 of protection for trademarks According to the provisions of Clause 1, Article 123 of the Intellectual Property Law, the owner of a trademark registration has the following basic rights: Firstly , using and […]
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 Property Rights (TRIPs Agreement) (adopted 15 April 1994) provided for in paragraph 1, Article 15 of the definition of a mark as follows: “Any sign Any trademark or combination capable of distinguishing the registration […]
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 electronic newspapers and publications. Image for illustration purposes only (Internet source) Accordingly, when publishing, broadcasting news, articles and programs related to children, it is compulsory to meet the following requirements: – […]
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 Transport. Image for illustration purposes only (Internet source) Accordingly, the personal identification number is added […]
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 illustration purposes only (Internet source) Accordingly, the Vietnam Social Insurance Agency cooperates with the General Postal Service so that people can buy […]
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 institutions. Image for illustration purposes only (Internet source) Accordingly, in order to solve […]
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 Minh City) applied for a permit to repair his house and raise the third floor of his house. But […]
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 understand the provisions of the loan contract. Civil Code No. 33/2005/QH11 ( BLDS 2005 ) is being implemented, will be replaced by Civil Code No. 91/2015/QH13 ( […]
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, 2017 Effective date 01/07/2018 Signer Nguyen Thi Kim Ngan Abstract Law on Technology Transfer Agency issued Congress Classify The law Click to download =>> Law on Technology Transfer
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, announcing a list of 20 goods and services that the state monopolizes in a number of activities such as: – Producing, trading, exporting/importing, temporarily importing, re-exporting, transiting industrial explosives; – Production […]
WHAT IS THE CONTRACT FOR TRANSFER OF LAND USE RIGHTS, PURCHASE AND SELL OF HOUSES BY HAND Paper ?
According to current legal regulations, real estate transfer contracts must be notarized and authenticated to be considered legal and valid. However, there are cases where the law still recognizes the validity of a real estate transfer contract that is not notarized or authenticated (” Handwritten paper “). (photo: collection) Accordingly, there are 2 cases where […]
CONDITIONS, PROCEDURES FOR TRANSFER OF AGRICULTURAL LAND USE RIGHTS
Conditions for households and individuals to convert agricultural land use rights according to the provisions of the Land Law Conditions for conversion of agricultural land use rights Households and individuals may convert agricultural land use rights when fully meeting the following conditions: – Having a Certificate, except for the case specified in Clause 3, Article […]
9 TYPES OF CONSTRUCTION PERMITS EXPECTED
The revised Construction Law in 2020 stipulates cases in which construction permits are exempted: So what is a Building Permit? Construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation or relocation. (Article 3 of the 2014 Construction Law); Cases exempted from construction permits include: […]
Five signs to recognize a “virtual” real estate project
Along with the housing craze in recent years and with the mentality of “buying gold, you lose, you buy earth, you make a profit” that many people have set up their own real estate companies and then draw “virtual” projects that have not yet existed. real to raise capital from customers. Every year, DHPLaw has […]
CONDITIONS FOR INVESTORS TO SELL HOUSE, LAND FOUNDATION IN REAL ESTATE PROJECTS
Real estate business is the investment of capital to carry out construction activities, purchase, receive assignment for sale or transfer; lease, sublease, lease purchase real estate, perform real estate brokerage services; real estate trading floor services; real estate consulting or real estate management services for profit. In the following article, DHPLAW will help customers better […]
CONDITIONS AND PROCEDURES FOR TRANSFER OF REAL ESTATE BUSINESS PROJECTS
According to the Law on Real Estate Business, an investor has the right to transfer part or the whole of a real estate project to another investor. The transfer helps the investor to be proactive in the business process, in line with the current capabilities of his organization, and at the same time creates favorable […]
Guidance on procedures for legalizing real estate
How to legalize real estate? The following article DHP LAW will answer your questions: What is real estate legalization? Making a dossier for legalization of real estate means the application for a certificate of land use rights and ownership of houses and other land-attached assets for the first time for current land users and house […]
Important legal issues to know when buying an apartment
Choosing to buy a completed apartment is a way for buyers to immediately meet housing needs and limit legal risks when buying apartments formed in the future. However, the apartment has been completed and can be moved in immediately; However, buyers still need to distinguish whether they are buying an apartment in the following cases […]
LEGAL PROVISIONS ON COMPENSATION FOR CLEARANCE OF THE PROJECT
Currently, when the land price fluctuates and increases daily, the issue of land acquisition to implement investment projects is a very complicated issue with frequent complaints and lawsuits. To better understand the legal provisions related to procedures for land acquisition, site clearance for implementation of investment projects, Law Office Tran Duc Hung and Associates introduce […]
Category One issue per week. Term No. 02/2017: About taxes payable when transferring Real Estate in Vietnam
Each week an issue this week will deal with the issue of taxes payable when transferring real estate in Vietnam. Ask: Ms. Nguyen Dieu Linh – Ho Chi Minh City asked: Currently, when transferring real estate in Vietnam, what taxes are subject to? Advice from a lawyer: For the transfer of Real Estate in Vietnam, […]
One issue per week. Term No. 01/2017: The problem of real estate business registration
Ask: Mr. Nguyen Van Can – Chairman of the Board of Directors of Sao Vang Group Joint Stock Company asked: Currently, the establishment of a real estate company requires a bank’s confirmation of legal capital or not. are not? If yes, what is the procedure? Advice from a lawyer: According to current regulations, when establishing […]
From December 5, households using land will write all members’ names on the House ownership certificate
That is the content mentioned in the Circular No. 33/2017/TT-BTNMT of the Ministry of Natural Resources and Environment amending Circular No. 23/2014/TT-BTNMT stipulating the certificate of land use rights and rights. own houses and other assets attached to land. Accordingly, in Clause c, Article 5 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 stipulates: “Households […]
Add some conditions to guarantee housing projects on paper
Circular No. 13/2017/TT-NHNN dated September 29, 2017 of the State Bank on amending and supplementing a number of articles of Circular No. 07/2015/TT-NHNN dated June 25, 2015 of the State Bank of Vietnam. Governor of the State Bank of Vietnam provides for bank guarantees The Circular amends the terms of the bank guarantee obligations and […]
What kind of tax do I need to pay when doing real estate business?
ASK My company has built a building including apartments for immediate sale and a commercial center for rent. I want to ask the Lawyer what taxes will my company have to pay and how much is the payment? ANSWER With your question, DHP LAW would like to answer the following questions: As your business is […]
Work construction norms announced by the Ministry of Construction
Official Letter No. 2176/BXD-KTXD dated September 14, 2017 of the Ministry of Construction on the application of work construction norms According to this Official Letter, the Ministry of Construction’s announcement of work construction norms under Article 34 of Decree No. 32/2015/ND-CP is for relevant agencies, organizations and individuals to use, apply and refer to. refer […]
The cost of buying apartments for employees is not tax deductible
According to the provisions of Clause 2.2, Article 4 of Circular 96/2015/TT-BTC, housing for employees is depreciated and included in deductible expenses when determining corporate income tax. Accordingly, in case the Company buys an apartment and is in the name of the owner for the purpose of housing employees according to the Company’s regulations, this […]
The time limit for issuance of “House ownership certificate” must not exceed 15 days
From March 3, 2017, the time to carry out the registration procedures, grant “House ownership certificate”, “pink book” and ownership rights to other land-attached assets to the transferee has been shortened with a shorter period of time. Maximum term is 15 days. This is the new content specified in Decree 01/2017 amending and supplementing a […]
Procedures for capital contribution with land use rights
ASK I have a land of 100 m 2 , this year I intend to contribute capital to a limited company. Since I don’t have cash capital, I intend to contribute capital with land use rights. I want to ask, what are the procedures required to contribute capital with land use rights? ANSWER DHP LAW […]
Procedures for transferring House ownership certificate
The following article DHP LAW will guide you through the process of transferring the House ownership certificate: Necessary processes and documents to carry out the procedures for transferring the title of House ownership certificate: One of the most important procedures in real estate transactions is the procedure to transfer the latest House ownership certificate […]
More 5 types of land, even if there are problems, will still be granted a red book from March 3
According to Decree 01/2017/ND-CP, households and individuals using land that have violated the land law before July 1, 2014 and have settled on that area will still be granted a red book. Decree 01/2017/ND-CP, effective from March 3, allows the issuance of certificates of land use rights, house ownership and land-attached assets to the following […]
Land without House ownership certificate can mortgage the bank?
Mortgage of land use rights is one of the rights of land users. However, in order to be able to mortgage the land use right, it must meet the conditions prescribed by law. Article 188 of the 2013 Land Law prescribes conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage […]
Is it possible to donate land and houses with bank mortgages?
ASK My father has a piece of land attached to a house worth 5 billion VND and has been granted a red book. 6 months ago, my father mortgaged this house to the bank to borrow 1 billion, but now he still has not paid the debt. So, can my father do the procedure to […]
The process of inter-related settlement of land procedures in Ho Chi Minh City
Decision No. 36/2017/QD-UBND dated August 17, 2017 of the City People’s Committee. Ho Chi Minh City regulations on coordination in handling procedures for land allocation, land lease, change of land use purpose; registration of land and other land-attached assets; issue, exchange, and re-issue certificates of land use rights and ownership of houses and other land-attached […]
What is the procedure for transferring an apartment in a multi-apartment purchase contract?
ASK Previously, due to the plan to live with my parents, my wife and I signed a contract with the investor to buy 02 apartments next to each other. Currently, the apartment building has not been completed, but my parents do not want to live together, so I have a need to transfer 01 apartment […]
Appraisal and adjustment procedures for investment projects
DHP LAW will guide you to carry out the investment project appraisal and adjustment procedure as follows: Order of procedures: Step 1 – Investor submits project dossier at Department of Planning and Investment; Step 2 – After checking if the documents are sufficient, the investor receives an appointment letter to return the results; Step […]
Registration for adjustment of investment projects
If you are wondering how to register to adjust an investment project, DHP LAW will answer this question through the following article: Condition: 1/ Investment projects whose adjustment is related to the objectives, scale, location, form, capital and duration of the investment project. 2/ The adjusted investment projects do not fall into the following cases: […]
Need to cancel the case of overseas Vietnamese by buying land in their name
Up to now, the legal situation has changed and it is clear that keeping the precedent of this dispute will create many complicated legal consequences. Case precedent No. 02/2016 on the case of a dispute over property recovery in Soc Trang province between Ms. Nguyen Thi Thanh and Mr. Nguyen Van Tam was approved by […]
NOTES WHEN BUYING AND SELLING HOUSES BY BAILIFF
DHP LAW will give you the following notes when buying and selling real estate by credit: According to the provisions of Clause 8, Article 25 of Decree No. 135/2013/ND-CP amending and supplementing Article 25 of Decree No. 61/2009/ND-CP on the competence and scope of making Vial of License of the Attorney General’s office playback as […]
Guide to legalizing real estate
Legalization of real estate is one of the most important procedures to confirm your ownership of the land. It will be protected by law to avoid unnecessary disputes. So what is required to legalize real estate and how to do it? Please read the following article of DHP LAW immediately. Preparation steps to legalize real […]
NOTES WHEN BUYING, SELLING, TRANSFERING PART OF HOUSE
When you want to buy, sell or transfer a part of real estate, you should note the following conditions: Conditions for parcel division: With facade width and depth of 3m or more. Having an area of not less than 30m2 each (if a parcel is divided into two, the area of the land plot to […]
GUIDELINES FOR TRANSFER OF LAND USE RIGHTS
The following article DHP LAW will guide you in detail about the procedure for transferring land use rights: Step 1: The parties make a transfer contract at the Notary Office (or at the Commune People’s Committee). Documents to bring include: certificate of land use rights, copies of identity cards and household registration books of the […]
GUIDELINES TO APPLY FOR CONSTRUCTION PERMIT
If you want to build a home according to your own wishes, in addition to choosing a construction contractor, designing drawings, etc., the stage of obtaining a construction permit is the most important step, because without a permit, your home will forever only on paper, on ideas only. DHP LAW will guide you through the […]
Procedures for grant of investment certificates for investment projects under the authority of the Prime Minister
The following article DHP LAW will guide you on the procedure for granting Investment Certificate for investment projects with foreign capital under the authority of the Prime Minister: Agencies competent to settle: Verification agency: Department of Planning and Investment of Province/City Approving agency: Provincial/City People’s Committee Policy approval: Prime Minister. Place of receiving and returning […]
Procedures for applying for a construction permit for a project
Ask: Before starting construction for a project, a building permit is required. I would like to ask about the procedure for applying for a building permit? Is it too complicated? Image for illustration purposes only (Internet source) Dhplaw would like to answer your problem as follows: According to the provisions of Article 10 of Circular 15/2016/TT-BXD […]
Construct of PAR Complex & Paint Booth project
BALEE ONE is a reliable choice for businesses and real estate project investors in Vietnam. BALEE ONE cooperates with large hotel and resort groups in the states of Texas and Hawaii to promote resort, hotel and tourism projects in the US and around the world. BALEE ONE is a partner of organizations, investment funds in […]
Construction of Yuntech Commercial Building project
Construction of Yuntech Commercial Building project BALEE ONE is a reliable choice for businesses and real estate project investors in Vietnam. BALEE ONE cooperates with large hotel and resort groups in the states of Texas and Hawaii to promote resort, hotel and tourism projects in the US and around the world. BALEE ONE is a […]
Paint & Reroof Building Project
BALEE ONE is a reliable choice for businesses and real estate project investors in Vietnam. BALEE ONE cooperates with large hotel and resort groups in the states of Texas and Hawaii to promote resort, hotel and tourism projects in the US and around the world. BALEE ONE is a partner of organizations, investment funds in […]
Project: Major Repair & Fire Protection Improve, BEQ Building 1633
BALEE ONE is a reliable choice for businesses and real estate project investors in Vietnam. BALEE ONE cooperates with large hotel and resort groups in the states of Texas and Hawaii to promote resort, hotel and tourism projects in the US and around the world. BALEE ONE is a partner of organizations, investment funds in […]
Removing obstacles in the implementation of reducing value-added tax to 8%
The promulgation of Decree 41/2022 aims to remove obstacles in invoicing for goods and services subject to a reduction of value-added tax to 8%. On June 20, the Government issued Decree 41/2022 amending and supplementing a number of articles of Decree 123/2020 dated October 19, 2020 regulating invoices and documents and Decree 15/2022 dated 28 […]