Legal Risks Amidst Legislative Changes: What Businesses Need to Do to Protect Their Contracts
In a volatile business environment, it is not uncommon for legal regulations to change while a contract is still being performed. A critical question arises for businesses: Can an agreement legally signed in the past be invalidated by a new, stricter regulation? Correctly identifying the applicable legal instruments not only...
Continue ReadingAPPLICATION OF TRANSITIONAL PROVISIONS UNDER THE CIVIL CODE 2015 AND PRECEDENT NO. 55/2022/AL
In the practice of resolving civil disputes, determining the legal retroactivity and transitional clauses is often one of the most complex challenges for the parties involved. This is particularly crucial when a transaction was established under the Civil Code 2005, yet the dispute arises or persists after the Civil Code...
Continue ReadingGUIDELINES ON ONLINE SUBMISSION OF LAWSUITS AND EVIDENCE UNDER RESOLUTION NO. 01/2026/NQ-HDTP
On January 15, 2026, the Council of Justices of the Supreme People's Court issued Resolution No. 01/2026/NQ-HDTP. This is a pivotal document providing guidelines for digital judicial and administrative procedures, officially taking effect on March 1, 2026
Continue ReadingDa Nang Launches Pilot Program for non-territorial judicial administrative procedures
To promote judicial reform and advance the Digital Court initiative, the People's Court of Da Nang City has issued Official Dispatch No. 283/CV-TA regarding the pilot implementation of non-territorial judicial administrative procedures. This significant step aims to save time, effort, and costs for citizens and organizations when accessing legal services
Continue ReadingLegal Proceedings at the Specialized Court of the Vietnam International Financial Center
The establishment of the Vietnam International Financial Center (VIFC) marks a turning point in attracting foreign investment. To ensure a transparent and secure business environment, a dispute resolution mechanism through a Specialized Court has been established with specific, modern procedural rules that align with international standards. This article will analyze...
Continue ReadingSummary of Judgment No. 17/2023/KDTM-PT: Application of Incoterms 2010 in International Fisheries Disputes
Summary of Judgment No. 17/2023/KDTM-PT: Application of Incoterms 2010 in International Fisheries Disputes
Continue ReadingWHEN WRONGFULLY TRIED AND CONVICTED: WHAT MUST BE DONE TO SEEK REDRESS ? (Perspectives from First-Instance and Appellate Trials to Cassation – Through Landmark Miscarriage of Justice Cases)
Miscarriages of justice in criminal proceedings are a painful reality within any legal system. A wrongful conviction not only severely violates human rights but also leaves devastating consequences for families, society, and public trust in justice. Vietnamese law has established legal mechanisms to rectify judicial errors, but understanding and correctly...
Continue ReadingAnalysis of Judgment No. 09/2024/KDTM-PT: A Lesson on the Statute of Limitations in Commercial Disputes
In commercial disputes, the statute of limitations is a critical legal milestone. Neglecting it can result in businesses losing their right to protect their legal interests in Court, even when the counterparty has clearly breached payment obligations. Judgment No. 09/2024/KDTM-PT issued by the People's Court of Da Nang City regarding...
Continue ReadingBUSINESS LICENSE REVOKED: WHO IS RESPONSIBLE FOR DEBT REPAYMENT?
In commercial transactions, the greatest risk for creditors arises when a partner's Business Registration Certificate (BRC) is revoked. Many assume the business is "dissolved" at that point and shift their lawsuits toward the individual owners. However, Appellate Judgment No. 50/2025/KDTM-PT by the Da Nang City People's Court has set an...
Continue ReadingDISTINGUISHING BETWEEN PROPERTY LOAN CONTRACTS AND PROPERTY BORROWING CONTRACTS
Currently, civil transactions regarding the borrowing of assets (primarily money) take many forms. Among these, two primary forms exist: the Property Loan Contract and the Property Borrowing Contract. Specifically, there are many disputes where the original evidence is a “Money Borrowing Paper” (Giấy mượn tiền), yet the Court accepts and...
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