Judgment

Who has the right to ask the Court to declare a notarized document invalid in Vietnam? 07/10/2022

Notarization plays an important role in contracts and transactions, which are the basis for determining whether the contract or transaction has legal value. Especially in the division of the estate, it is the basis for the transfer of land use rights and property ownership to the beneficiaries of the estate. However, there are notarized documents showing signs of violating the law, affecting the interests of the people involved. So who has the right to request a notarized document to be invalid?
- 11 months ago

Borrowing property, not paying debt and then running away prosecuted for what crime in Vietnam? 07/10/2022

When borrowing property but then unable to repay, some people will think of a way to escape to avoid creditors and avoid their payment obligations. But many people do not know that the act of taking a loan and then running away has enough elements to constitute the crime of abusing trust to appropriate property.
- 11 months ago

Is the child that provide care for parents entitled to larger inheritance in Vietnam? 07/10/2022

There is a sad reality in today's society that when parents are old, weak and sick, the children push the responsibility to each other, but when the parents are dead, they fight for property.

Of course, it is not always the case that childhood neglect and ignore their parents in their old age and still have devoted children to take care of. So, for these cases, when dividing the inheritance, is the level of receipt the same or must be taken into account the efforts of the children who have been cared for and cared for?
- 11 months ago

When the statute of limitations expires, can the lender sue to get the money back in Vietnam? 07/10/2022

The statute of limitations for initiating a civil case is the time limit during which the subject is entitled to initiate a lawsuit to request the Court to settle the civil case to protect the infringed lawful rights and interests; if such time limit expires, the right to initiate lawsuits shall be lost, unless otherwise provided for by the law of Vietnam.
- 11 months ago

Grounds for the court to settle divorce in Vietnam 07/10/2022

Divorce is something no one wants, but sometimes it is the best solution for both to find new happiness. So to make a decision whether to divorce or not, what will the Court base on to think that the marriage is no longer able to heal or is just a small conflict of the family to encourage reunification?
- 11 months ago

Giving a house to a stepchild must have the consent of the husband in Vietnam? 07/10/2022

In today's life, giving children houses and land is a daily occurrence. However, not every donation has the consent of both spouses, especially the gift of a stepchild. So when one party does not agree to donate, can the other party continue to perform?
- 11 months ago

Note to avoid risks when donating real estate in Vietnam 07/10/2022

Currently, the problem of giving away real estate is common, the will when giving is usually given away without requiring any other compensation conditions. On that basis, the donor has the right to decide on that property that risks may arise at this time, for example, if a parent gives a child real estate but then the child sells that property and parents lost their place.

So what to do to avoid risks when giving?
- 11 months ago

Unilateral termination of the authorization contract and some outstanding notes in Vietnam 07/10/2022

An authorization contract is an agreement between parties whereby the authorized party is obligated to perform work on behalf of the principal, and the authorizing party only has to pay remuneration, if so agreed or provided for by law.

So after authorizing, but wanting to unilaterally cancel the contract, what should I do, and is the cancellation really easy or do I need other conditions?

- 11 months ago

In case of fatal accident but no compensation is required in Vietnam 07/10/2022

Currently, the number of traffic accidents is increasing, many traffic violations lead to death. But do all fatal accidents require compensation even if the fault lies entirely with the aggrieved party?
- 11 months ago

Careless child care causes consequences, how to be responsible in Vietnam? 07/10/2022

In the past time, there have been many heartbreaking cases related to "spontaneous private childcare establishments". Consequences occur sometimes due to negligence and carelessness but also in many cases due to the intention of the babysitter. And when the consequences have occurred, it is necessary to determine the causes and the responsibilities of the people involved in order to take the form of handling in accordance with the provisions of the law of Vietnam
- 11 months ago

Not named in the will, who still inherits in Vietnam? 07/10/2022

People who own property have full control over their property. But there are some people who still automatically inherit your property when you die even though you did not give them a dime in the will. Who are they?
- 11 months ago

When does the legal service contract between the lawyer and the client end in Vietnam? 07/10/2022

Whenever a lawyer acts as a consultant or a legal representative for a certain client, the two parties sign a legal service contract to facilitate the performance of the tasks requested by the client.

A legal service contract is an agreement between the parties. Following that, one party provides one or more legal services to the service hirer in order to receive remuneration, and the legal service user is obliged to pay remuneration as agreed. So, for this type of contract, when is it considered to end?
- 11 months ago

Rights and obligations of parents towards adopted children after divorce in Vietnam 07/10/2022

When divorcing, couples cannot avoid disputes over their rights and obligations to raise children, especially for adopted children because in some cases, adoptive parents have sought to escape, giving up their rights and obligations because relationships do not form based on blood ties. So how does the Court deal with this issue?
- 11 months ago

Compensation for damage when causing an accident: can the crime be mitigated in Vietnam? 07/10/2022

Traffic accidents always leave pain both mentally and physically. Therefore, after causing a fatal accident, the person causing the accident often goes to the victim's house to make compensation. But is it simply because the person causing the accident is remorseful, wanting to ease the pain of the victim's family?
- 11 months ago

Should a suspended sentence be given for child abuse in Vietnam? 07/10/2022

In 2019, there were many cases of child abuse that caused social outrage and caused much public opinion. Many people believe that in order to protect children, they must not be lenient with criminals, not allow offenders to receive suspended sentences but must serve commensurate punishments. Should I give or not give a suspended sentence for this type of crime?
- 11 months ago

The need to ensure the form of a contract to contribute money to play "hui" in Vietnam 07/10/2022

In many localities, the form of tontine is no longer strange. Besides the benefits of playing hui such as mutual support and help during financial difficulties, and mobilizing capital so that people can develop products and serve the family economy, hui is also a risky form. Stemming from the fact that not everyone involved knows that there are legal regulations on tontine. Ignorance of the law as well as subjectivity has led to unfortunate consequences when a dispute occurs between the parties.
- 11 months ago

Grounds for determining child support levels upon divorce in Vietnam 07/10/2022

Child support disputes are one of the most common disputes when every couple divorces. Usually, the custodial party requires high support while the noncustodial party often avoids support obligations and accepts only low support. So how do determine the appropriate level of support?
- 11 months ago

Unsecured loans, be careful with "self-negotiated" interest rates in Vietnam 07/10/2022

The Civil Code is considered as the general governing law for civil relations. So why does the agreement on interest rates when unsecured loans do not apply the provisions of the Civil Code of Vietnam which is 20%/year, but apply the provisions of the Law on Credit Institutions that the parties "agree on the interest rate" by themselves?
- 11 months ago

Certificates of land use right granted to households, can the head of household make a will to divide in Vietnam? 07/10/2022

The land is increasingly valuable, so even if it is the relationship of parents, children, brothers, and sisters in the family, land disputes and disputes still often occur. And one of the most common land disputes is a dispute related to the disposition of land use rights granted to households. So, how does the head of the household, each member of the household have the right to decide on the land use rights granted to the household and can he make a will to divide that land use right?
- 11 months ago

Risk of recording lower transaction prices than actual in house and land purchase and sale contracts in Vietnam 07/10/2022

Currently, when buying and selling houses and land, when making use right transfer contracts, most of them declare prices lower than the actual transaction value. Although knowing this behavior is illegal, the parties still act as a blatant way to reduce personal income tax.
- 11 months ago

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