Judgment

What do you need to do to reclaim the encroached land in Vietnam? 28/07/2022

Land is a special type of property, and lawsuits for encroachment on land are one of the measures to protect property rights recognized by civil law and land law. The legal land user has the right to request the court to force the illegal possessor to return his/her property. So, in case the land is encroached on by neighbours, how to reclaim it?
- 1 năm trước

Are all marital debts a joint debt in Vietnam? 28/07/2022

Marriage is when a man and a woman establish a relationship with each other according to the provisions of law. However, when living together, there are too many things that happen that both of them can't handle, then divorce is a solution to escape.

And from here, many problems arise during a divorce such as division of assets, children, debt, etc. The following content will analyze whether all debts during the marriage period are common debts or not?
- 1 năm trước

Has made a contract to donate land but has not yet transferred the name, can it be canceled in Vietnam? 28/07/2022

Gifting property is one of the most commonly used contracts in today's life. However, for some objective reason, the donor does not want to continue performing as agreed. In particular, when this property has been entered into a contract, is it possible to cancel the donation contract?
- 1 năm trước

Does having sex with a mentally ill person voluntarily still commit rape in Vietnam? 28/07/2022

Mental illness is associated with a range of mental health disorders that lead to inappropriate thinking and behavior. Therefore, many people are taken advantage of, becoming victims of abuse. So, when having sex with someone who has lost cognitive ability and behaviour control, even if consent is obtained, it still constitutes an act of rape?

- 1 năm trước

Will the wife be entitled to the estate If the husband is not named in the will in Vietnam? 15/12/2022

In many cases, Spouses live together for decades, but when the husband dies, the wife just knows that her husband made a will, leaving all his assets to other people such as stepchildren, or relatives of the husband's family. ...without any part of the wife. Therefore, in that case, is the wife entitled to the inheritance?
- 1 năm trước

Bailiff’s certified reports and some highlight notes in Vietnam 28/07/2022

Bailiff’s certified report is a document made by a bailiff, recording facts and acts used as evidence in trial and in other legal relations. Making a Bailiff’s certified report must comply with the provisions of the law on form and content. However, not all cases of making a Bailiff’s certified report meet all the conditions of the law.
- 1 năm trước

Lending a land use right certificate to borrow money, will the land be handled to repay the debt in Vietnam?? 28/07/2022

It is quite common for family members or acquaintances to borrow a Land Use Right Certificate (LURC) or otherwise known as a red book or pink book to borrow money from a bank. So, in case the borrower fails to repay the debt, will the security asset, which is the land use right, be liquidated by the bank to recover the debt? At the same time, if the mortgaged land is still owned by other people, who are not the person named on the LURC, how will it be handled, who will be the priority to be paid?
- 1 năm trước

Can plants grown on recovered land, mistakenly sawed, be compensated in Vietnam? 15/12/2022

At present, there are still many cases where people exploit and harvest trees by planting trees on plots of land that have been recovered by the state or on public land... So when those trees are cut or damaged by others, people will Planters have the right to claim compensation.
- 1 năm trước

What crime does the sale of marijuana constitute in Vietnam? 27/07/2022

Marijuana is a plant that is used as a hallucinogen. There are many places in the world that allow the sale and use of marijuana for recreational purposes. Many Vietnamese people think that marijuana is not harmful, not addictive, and easy to buy and sell, so they trade marijuana to make a profit. They do not know that this illegal act of buying and selling drugs is strictly prohibited by law. So, how will the act of buying and selling marijuana be criminally handled?
- 1 năm trước

Divide the estate when the time limit for initiating an inheritance lawsuit expires in Vietnam 27/07/2022

The statute of limitations for initiating a lawsuit to divide inheritance is one of the important factors contributing to protecting the rights of the inheritors. The 2015 Civil Code was born to overcome the shortcomings of the provisions on the statute of limitations for the inheritance of the Civil Code 2005 and to ensure the right to inheritance. Here is a typical case that shows the importance of the statute of limitations for filing a lawsuit against inheritance.
- 1 năm trước

After the probationary contract expires, will you be officially accepted in Vietnam? 27/07/2022

Probation is a process that almost everyone goes through before becoming a full-time employee, a time for employers and employees to assess whether you are really suitable for the job you are about to undertake.

Therefore, in the event that a labor contract has not been signed at the end of the probationary period and there is also no notification of the probation results, if the employee continues to work, is it considered that the employee has automatically become a full-time employee? The above problem is illustrated by a specific judgment below.
- 1 năm trước

Risks in contributing money to buy land in Vietnam 27/07/2022

Contributing money to buy land between family members is quite common in Vietnam. Although it is recognized by law and this is a civil agreement, the joint purchase of land is prone to disputes and risks when only one party is named but not clearly agreed upon. At that time, the right to manage and use the common property of the non-named person will be obstructed. Or they are under the same name but the two parties cannot reach an agreement, which leads to a dispute.
- 1 năm trước

Some notes when buying an apartment in Vietnam 27/07/2022

Currently, to build a house is a relatively difficult task, consuming a lot of time, money and effort. In order to limit the above, many people have chosen to buy an apartment. However, most homebuyers don't spend much time learning about the legal provisions on buying and selling apartments, so there are many disputes and damages that occur even if the contract is properly complied with.
- 1 năm trước

Which cases are recognized as a spouse without marriage registration in Vietnam? 27/07/2022

Many people think that a spouse must "go to the ward" and have a "marriage registration" certificate to be recognized by the law as a legal husband and wife. So is there a case where the marriage is not registered but still recognized as husband and wife?
- 1 năm trước

Dividing assets in installments upon divorce in Vietnam 27/07/2022

Life is increasingly modern, and the number of divorces is also increasing. When there is no longer a meaningful love, they want to divide even the smallest assets. There are negotiable assets, and there are disputed properties claiming to be separate properties. So the property bought before marriage, but still has to be paid in installments during the marriage, will the installment amount be divided upon divorce?
- 1 năm trước

Is it acceptable to claim youth compensation when divorced in Vietnam? 27/07/2022

When they first entered the marriage, both men and women were full of youth. However, when divorced, women find that their youth has passed in a wasteful or meaningless way. And then the woman asked her husband to compensate her for her youth when the husband wanted a divorce. So for this youth compensation, is it acceptable to the court of Vietnam?
- 1 năm trước

Are unsecured loans with high interest rates not illegal in Vietnam? 27/07/2022

According to the provisions of the Civil Code 2015, the interest rate in civil transactions must not exceed 20%/year. So why are some financial companies providing unsecured loans with much higher interest rates, and many customers are pressing for fraud but still operate normally and do not violate the law?
- 1 năm trước

Legal consequences of signing someone else's name when trading in Vietnam 26/07/2022

Nowadays, when seeing the necessity of the law, more and more civil transactions are established through contracts. However, it may be due to lack of understanding or to help relatives, not for profit, but many people sign on behalf of the subject in the transaction. Is this in compliance with the law?
- 1 năm trước

Does the third person who is jealously beaten by his wife get honorary compensation in Vietnam? 26/07/2022

Nowadays, the infidelity of couples is increasing day by day. The reason may be that the husband has a peachy nature, has a wife and still flirts with other women or there are many cases where the woman knows the man has a wife and children but still deliberately flirts, seduces...

When the wife suspects or arrests him at the battle, the wife often loses her temper and hits jealously at the person who is considered her husband's mistress. Many cases have been sued by mistresses (third parties) to claim damages for honour. So in this case, does the wife have to pay honour to the third person?
- 1 năm trước

In Vietnam, can a lender be convicted of usury just because the loan has high interest rate? 27/07/2022

Black credit is a common name for various forms of loan sharking. This is prohibited by law and can be criminally prosecuted. So if the signs of high-interest rates are not enough, what else is needed to constitute this type of crime?
- 1 năm trước

Address:	17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
Phone:	(028) 7302 2286 (6 lines)
E-mail:	info@lawnet.vn