Judgment

How is the destruction of graves prosecuted for criminal liability in Vietnam? 07/10/2022

The state always protects the people, regardless of whether that person is alive or dead. Therefore, there are regulations to protect the graves of individuals who have died, as well as sanctions for those who deliberately trespass on the graves. So how is the act of breaking graves prosecuted for criminal liability in Vietnam?
- 11 months ago

Be careful when buying and selling real estate with an authorization contract in Vietnam 07/10/2022

The situation of buying and selling houses and land with an authorization contract instead of a transfer contract is quite common because the seller does not have to pay personal income tax but the procedure is quick. At the same time, if the buyer wants to invest, and find the next buyer but do not want to carry out the procedures for transferring the name, the authorization contract is a form that is considered beneficial to the parties.

However, along with the benefits that this activity brings, there are also many potential risks for buyers and obstacles in the state's land management activities.
- 11 months ago

When the wife borrows money to repair the common house, the husband has to pay after divorcing in Vietnam? 07/10/2022

When divorce, in addition to disputes over child custody or division of common property, the division of joint debt is not a strange issue. Determining which debt is a joint debt and which is a separate debt is not easy. For example, when determining whether the debt owed by a spouse to repair a house is a joint debt or a separate debt?
- 11 months ago

Need to understand the crime of "Forced suicide" how is it right in Vietnam? 07/10/2022

The 2013 Constitution of the Socialist Republic of Vietnam has very specific provisions on the rights of citizens. Among them, there is a very important right that is “Everyone has the right to life. Human life is protected by law. No one shall be unlawfully deprived of his life.” In practice, this right has been seriously violated. So, how to understand the crime of "forced suicide" correctly?
- 11 months ago

Disputes with financial companies that are not credit institutions in Vietnam 07/10/2022

Currently, there are many companies bearing the name of financial companies to make consumer loans even though they do not have the conditions to carry out lending activities as prescribed by law of Vietnam. So how will the credit contract be signed with these companies when there is a dispute?
- 11 months ago

Consequences of signing a fake contract to secure a loan in Vietnam 07/10/2022

The increasing demand for loans for business, production, and consumption activities makes the property loan activity very active. Accompanied by complicated variables that lead to a worrying situation for borrowers, lenders and society in Vietnam.
- 11 months ago

Without the signature of children over 15 years old, is the mortgage contract of land use right in Vietnam? 07/10/2022

Usually, the family's big transactions are done by parents, such as mortgaging the family's land use right to borrow money from the bank...So, when the parents perform the mortgage contract on their own, they don't have the land use right. If the child's signature is over 15 years old, will the contract be declared invalid?
- 11 months ago

Discrimination of professional criminal circumstances, offenses committed 02 or more times, recidivism, dangerous recidivism in Vietnam 07/10/2022

When deciding on the punishment, the Trial Panel of Vietnam will base on the criminal act and the will of a person when they commit the crime. In which, the aggravating circumstances of criminal liability are also a basis for deciding penalties. However, among the aggravating circumstances of criminal liability, there are also circumstances that are easily confused with each other, making it difficult to apply. For examples, criminal circumstances of a professional nature, committing the crime twice or more, recidivism, and dangerous recidivism.
- 11 months ago

When will a stepchild inherit from a stepmother or stepfather in Vietnam? 07/10/2022

The relationship between stepmother, stepfather, and stepchild is always a sensitive issue. In fact, there are many cases where stepmothers, stepfathers, and stepchildren abuse and harass each other, but there are also cases where they live in harmony and love each other like parents and children. So, for this sensitive relationship, will the stepchild inherit the inheritance of the stepmother or stepfather?
- 11 months ago

In case the house has been legally donated but can still be reclaimed in Vietnam 07/10/2022

Legally donated real estate is understood as the donation made in writing, notarized or authenticated; The donation does not violate the prohibition of the law nor fall under the cases where the contract is invalid under Articles 123 to 129 of the Civil Code 2015 and the donor has registered the ownership rights (has been granted a red book). So for this donation that is considered completed, in what cases can the donor reclaim the house and land?
- 11 months ago

Distinguish between the Red Book issued to households and the Red Book issued to individuals in Vietnam 07/10/2022

What is the difference between the Red Book issued to households and the Red Book issued to individuals – Why when selling or buying land must determine whether the land is allocated to households or land allocated to individuals, this is always a question of many people. Here are some important criteria to distinguish between Red Book issued to households and Red Book issued to individuals.
- 11 months ago

The case of losing land when letting others use their land in Vietnam 07/10/2022

Many people think that their land has been granted a red book by the state, it will forever be theirs. Therefore, when seeing others exploit a part of their land plot (perhaps by mistake or deliberately), some cases will remain silent and ignore it because they think they don't need to exploit it yet. So, in cases like the above, is it possible for landowners to lose their land to miners?
- 11 months ago

In case a wife transfers common land without her husband's signature, the contract is still valid in Vietnam. 07/10/2022

In many cases, real estate is the common property of husband and wife, but only one of the spouses transfers and signs the contract. Therefore, for cases where only one person decides to dispose of the common property, which is the house and land of both husband and wife, will that disposition be effective?
- 11 months ago

Prescriptive periods with respect to inheritance in Vietnam before January 1, 2017 07/10/2022

Currently, inheritance disputes over which the estate is left is real estate happening more and more, especially focusing on the case where the heir dies before the effective date of the Civil Code 2015 of Vietnam, which means January 1, 2017 without leaving a will. The determination of the statute of limitations in this case is still open because the legal regulations are not clearly defined, leading to confusion in the application.
- 11 months ago

What the parties need to know when the statute of limitations expires in Vietnam? 07/10/2022

Nowadays, many people think that when the statute of limitations expires, they are considered to have lost their rights and can no longer sue. Therefore, if the statute of limitations expires, do not file a lawsuit. But the reality is completely different. The sentence below is a prime example.
- 11 months ago

Having transferred the debt payment to a third party, is there any obligation in Vietnam? 07/10/2022

Assignment of an obligation is an agreement between an obligor and a third person (the obligee) on the basis of the obligee's consent, whereby the obligor will become a new obligee, and perform obligations before the obligee.

However, the current law of Vietnam does not have specific provisions on whether or not the original obligor when transferring an obligation is or is no longer responsible to the obligee? The judgment below will help you answer this question.
- 11 months ago

Is it possible to divide the inheritance when the land does not have a red book in Vietnam? 07/10/2022

Land use right is one of the heritages of great value. In fact, many land users have long been without a land use right certificate (red book). This makes it difficult for the Court to determine the origin of land when settling disputes over inheritance division in Vietnam.
- 11 months ago

Division of house upon divorce: Are you still entitled to stay until you receive the difference in Vietnam? 07/10/2022

When a couple has decided to divorce, it is normal for the party who is not entitled to own the house to move to another place. However, in reality, for objective and subjective reasons, there are many cases where the spouses do not have a place to live, or cannot find a new place to live. So how do solve it when the spouse has to carry the luggage out of the house and they have nowhere to stay? Can they stay in the “shared house” and if so, how long will they stay?
- 11 months ago

Cancel the contract of land use right transfer when the buyer has been transferred, but has not delivered enough money in Vietnam 07/10/2022

A fairly common case is the transfer of land use rights signed, notarized and handed over the land use right certificate but the seller has not received the full amount in the contract or the buyer's willful failure or inability to perform a financial obligation. So then the buyer has all the rights of the land user and the seller can sue to ask the competent authority to cancel the transfer contract?
- 11 months ago

Reject application due to choosing the wrong object and asking to sue in Vietnam 07/10/2022

So far, filing a lawsuit has never been simple, from writing an application, filing an application for the court to accept until the case will be brought to trial is a process with great difficulties for people, especially those with limited knowledge of the law. But it is a fact that even until the case is brought to trial, it does not mean that the plaintiff's claim will be resolved, but it is likely that the court will reject the application because of errors in the content of the petition.
- 11 months ago

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