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.                 […]

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 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 […]

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 […]

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 […]

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 ( […]

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: […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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: […]

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 […]

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 […]

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 […]

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 […]