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When making a transaction to transfer land use rights, the buyer often believes in the area on the red book that the seller shows. However, after a period of use and procedures for granting and renewing a new book, the actual measured area is different from the agreed-upon transfer. One of the reasons for this situation is because of old measuring equipment, so the accuracy is not high, or due to encroachment and occupation during land use. Therefore, when buying and selling land, we should invite the cadastral to measure the actual area accurately.- 1 năm trước
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05 judgments on murder due to exceeding the limit of justifiable force in self-defense in Vietnam 12/07/2022According to Clause 2, Article 22 of the Criminal Code 2015 of Vietnam, unjustified force in self-defense means the use of force which is more than reasonably necessary and not appropriate for the nature and danger to society posed by the infringement.- 1 năm trước
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Disputes requiring forced relocation of assets on land often arise after disputes over land use rights. Then, after the results of the dispute, it is determined whose land is legally owned by the lawful land user, the lawful land user has the right to request the remaining parties who have assets on their land to carry out procedures to relocate the property and return it to its original state.- 1 năm trước
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Establishing marriage with a foreigner is no longer a new issue, but on the contrary, is increasing along with the trend of opening up, exchanging, and integrating. However, not all marriages are based on love. Some people just want to get out of poverty, get guaranteed to go abroad, but accept to marry someone they've only met a few times. And as usual, such marriages are often very brief and sometimes only last a few months, leading to an increasing number of divorce cases involving foreign elements in Vietnam- 1 năm trước
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Nowadays, Pre-marital relations are not uncommon and as a result, there will be children born without the father's name on the birth certificate. The procedure for determining the father for a child is to protect the child's interests as well as to force the father to perform his or her support obligations.- 1 năm trước
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Disputes over land use rights are very complicated, including cases of reclaiming property intentionally illegally seized by one party. At that time, the lawful owner or possessor has the right to request a court, other competent agency, or organization to force the person who commits acts of infringing upon the ownership or possession right to return the property, terminates the acts of unlawfully obstructing the exercise of ownership rights and possession rights and claiming compensation for damage.- 1 năm trước
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Life imprisonment is an indefinite prison sentence that is applied to people who commit particularly serious crimes, but not to the extent of being sentenced to death.- 1 năm trước
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Illegal sand mining is currently a pressing issue in public opinion and causing headaches for leaders. Especially in the past year, taking advantage of the complicated situation of the Covid-19 epidemic, the functional forces are focusing on the prevention and control of the epidemic, so some subjects have secretly engaged in illegal sand mining on the river, causing loss of resources, landslides, damage to crops and loss of security and order in the locality in Vietnam.- 1 năm trước
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05 judgments on complaints about administrative decisions in the field of land in Vietnam 11/07/2022Land acquisition and compensation for land acquisition are still quite complicated issues in judicial practice in Vietnam. Most of the compensation due to land acquisition does not meet the expectations of the people, because the land price calculated according to the law is lower than the market price. Therefore, most cases of people suing administrative decisions on land, especially the issue of land acquisition, are not resolved by the Court as desired. As a result, people need to understand the regulations related to this issue to consider before suing for administrative decisions on land in order to avoid wasting time and money as well as protect legitimate interests.- 1 năm trước
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Recently, dirty food and dirty meat is an alarming problem. Since then, the issue of food safety has also received more attention because it is directly related to the health and life of users. Therefore, in Article 317 of the Criminal Code 2015 of Vietnam, amended and supplemented in 2017, the maximum penalty for this type of crime can be up to 20 years in prison.- 1 năm trước
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When performing a land use right transfer transaction, the two parties usually base themselves on the area on the red book. In case, after a period of using the land, you build a house on the land and suddenly one day your neighbor asks you to change the structure of the house because it has encroached on their land. One of the reasons for this situation is that when you bought the land, you did not make a written record of bordering the land with the adjacent landowners.- 1 năm trước
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In civil transactions, specifically in this article, which is a contract for gifting a house or land, established due to deception or threat, there will be no agreement between the will and expression of the will of the deceived part, which leads to determined to have no voluntary element. These cases often take advantage of relatives' lack of understanding or trust to trick others into signing a donation contract. According to the provisions of the Civil Code of Vietnam, when there is a request of the deceived party and there are grounds for the Court to accept this as a fraudulent transaction, the contract will be declared void and the cheating party will have to complete the transaction, return the property, and at the same time compensate the deceitful party.- 1 năm trước
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Wine and beer are two indispensable drinks in the fun. However, beer and alcohol are also things that easily make users lose control and their violations, thereby leading to conflicts, arguments, and fights that cause injury. Under applicable law of Vietnam, a person who injures another person in a state of being said is still liable for willful injury and cannot be treated as an extenuating condition.- 1 năm trước
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Reclaiming housing is a problem many people are facing. Due to mutual trust, people often lend their houses to family and friends to stay temporarily, but only agree verbally but not in writing. Therefore, it is easy to have a dispute when reclaiming the house. There are even people who lose their house because of this in Vietnam.- 1 năm trước
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Crime of abuse of trust to appropriate property and the crime of embezzlement of property are both committed intentionally and directly for the purpose of depriving others of property rights, infringing on the proper operation of State agencies country.- 1 năm trước
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Inheritance is the legal right of the heir to the estate left by the deceased. However, in many cases, due to conflicts and disagreements between the heirs, disputes arise, which cannot be self-reconciled and need to be resolved by the Court. For disputes that have not been provided for by any law, according to procedural principles, the Court must not refuse but must apply case law to settle the case. In the case of a dispute involving an heir in a foreign country but the Court cannot determine the address of such person, precedence 06/2016/AL shall apply to settle the claim of the plaintiff, the part of the inherited property. Those who are absent, whose addresses cannot be determined will be temporarily assigned to people living in the country for management to later be handed over to the absent heirs.- 1 năm trước
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05 Judgment on unilateral termination of labor contract and compensation for damage in Vietnam 09/07/2022Currently, the issue of unilateral termination of labor contracts by companies and enterprises is of great interest to many people. Many employees are in a situation where their labor contracts are illegally terminated by enterprises, which significantly affects their rights. So when encountering this case, how are employees guaranteed their legitimate rights and interests?- 1 năm trước
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So far, there have been many cases where Vietnamese people living abroad spent money to buy land and asked domestic people to name it in their household, and then there was a dispute to reclaim their property. The problem here is how to ensure the interests between the person who actually pays and the person who has the effort to preserve and maintain to increase the value of that part of the land. Since 2016, precedence 02/2016/AL has been published, which has partly removed the above problems, making it easy for the Court to apply to solve related cases. Also according to case law, in case it is not possible to accurately determine the effort of the person in the name of the household, it is necessary to determine the person who actually pays to receive the transfer and the person in whose name the transferee has equal efforts to share the price. value of the additional difference compared to the original amount received for the transfer of the original land use right.- 1 năm trước
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Currently, in order to ensure the performance of the contract as desired by the requesting party, the parties often sign a deposit contract. The Civil Code 2015 of Vietnam has provisions for deposits and the Judges' Council of the People's Court also promulgated Resolution 01/2003/NQ-HDTP to guide the settlement of civil contract disputes with deposits. However, in practice, dispute resolution is not simple.- 1 năm trước
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The land is always a valuable asset, even the property of a person's life. Therefore, disputes related to land are also more and more diverse. At present, disputes caused by having a person's name on the Certificates of land use rights are on the rise, especially between foreigners or Vietnamese residing abroad and people living in the country.- 1 năm trước
Zalo support
Online support
(028) 7302 2286
Zalo support
Online support
(028) 7302 2286
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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
Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;