Lưu trữ SOCIAL ACTIVITIES

19/03/202419/03/2024

HOW TO DIVIDE ASSETS AFTER DIVORCE UNDER THE LATEST 2024 REGULATIONS

1. What is the principle of division of property of spouses when divorced?

Accordingly, on the issue of property division will be divided according to the provisions of Article 59, the 2014 Law on Marriage and Family specifies the principles of division as follows:

The principle of bifurcation (Clause 2, Article 59, Law on Family Marriage) but taking into account the following factors:

– The circumstances of the family and of the spouse;

– The contribution of spouses to the creation, maintenance and development of common property. The labor of spouses in the family is considered as paid labor;

– To protect the legitimate interests of each party in production, business and occupation so that the parties can continue to work to generate income;

– The fault of each party in violating the rights and obligations of spouses.

Thus, it can be simply understood that the principle of bifurcation is that each party gets half (1/2) of the value of property created during the marriage. However, the judge will consider other factors such as: Each party’s own circumstances, contributions, faults of the parties … That is, it is not rigidly applied that the bifurcation is 50:50% of the value of the asset, but it can be understood more flexibly that the split can be: 40:60 or 45:55% of the value of the assets created. In fact, in special cases it is possible to divide the ratio: 70/30 or 80/20 is still considered legal and legal.

The principle of dividing common property in kind (It cannot be divided in kind to divide by value with payment of the difference in value). This principle is quite easy to understand, the law prioritizes dividing in kind first, not dividing in kind, then valuing it into money to divide, the party receiving the item has the value of paying back to the other party with the difference amount.
The principle that someone’s private property is owned by that person (except in cases where separate property has entered into common property. In case of a merger or mixing of separate property with common property, the non-recipient party will be paid the value of its assets contributed to that asset).

2. How to determine common property, separate property of spouses?

According to the provisions of Articles 33 and 43 of the 2014 Law on Marriage and Family, there are provisions on the determination of common and separate property as follows:

2.1 How to determine the separate property of spouses

Separate property of spouses is included in the following properties:

+ Assets that each person has before marriage: Based on the date of marriage registration, if such property exists before that date, it is in principle the separate property of the party in whose name owns that property.

+ Property inherited separately, gifted separately during the marriage period: Based on the form of inheritance separately, donated to Private to determine separate property.

+ Property is divided separately between spouses (according to Articles 38, 39 and 40 of the Law on Family Marriage 2014).

+ Assets serving essential needs of spouses and other assets as prescribed by law.

+ Profits and profits formed from someone’s private property are his or her own property.

2.2 How to determine joint property of spouses

According to Article 33 of the 2014 Law on Family Marriage, common property includes:

+ Assets created by spouses, income generated by labor, production and business activities, profits, income arising from separate property and other lawful income during the marriage period

+ Assets that husband and wife inherit jointly or are gifted jointly and other assets agreed upon by husband and wife are common property.

+ The land use right acquired by spouses after marriage is the joint property of the spouses, except for cases where the spouses inherit separately, are gifted separately or acquired through transactions with separate property.

+ Common assets of husband and wife are owned jointly and consolidated, used to ensure the needs of the family and fulfill the common obligations of the spouses.

+ In case there are no grounds to prove that the property that the spouses are disputing is the separate property of each party, such property is considered common property.

In short, with this provision, in principle, property formed during marriage (from the date of marriage to the date of divorce or the death of one of the parties) is considered joint property if it cannot be proved that it is separate property. And according to the principles of division of property when divorcing in section 1 to settle if the couple cannot agree on a division with each other.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

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18/03/202418/03/2024

How will child custody be resolved without a marriage registration?

1. Is it illegal to live together as husband and wife without registering your marriage?

According to Article 14 of the Law on Marriage and Family 2014 stipulates as follows:

Dealing with the consequences of men and women living together as husband and wife without registering their marriage

1. Men and women who are eligible for marriage under the provisions of this Law to live together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife. Rights and obligations towards children, property, obligations and contracts between the parties shall be settled according to the provisions of Articles 15 and 16 of this Law.

2. In case a man and woman live together as husband and wife as prescribed in Clause 1 of this Article but then carry out the marriage registration in accordance with law, the marriage relationship shall be established from the time of marriage registration.
Currently, the marriage is voluntary of the two parties, but there is no stipulation that living together must register the marriage.

Therefore, current Vietnamese law does not prohibit men and women from living together without registering their marriage. Although there are no rights and obligations between husband and wife, between men and women living together as husband and wife without marriage registration, rights and obligations for children, property, …

2. How are common children resolved if they have not registered their marriage?

Article 15 of the 2014 Law on Marriage and Family stipulates:

Article 15. Rights and obligations of parents and children in cases where men and women live together as husband and wife without marriage registration.

Rights and obligations between men and women living together as husband and wife and children shall be settled in accordance with the provisions of this Law on the rights and obligations of parents and children.

Thus, if a man and a woman live together as husband and wife without registering their marriage, the joint custody of their children will still be settled in the same way as they have been married.

According to Article 81 of the Law on Family Marriage 2014 stipulates:

Article 81. The care, nurture and education of children after divorce

After a divorce, parents still have the rights and obligations to look after, care for, nurture and educate their minor children, adult children who have lost their civil act capacity or are incapable of working and have no assets to support themselves in accordance with this Law, The Civil Code and other relevant laws.
Spouses agree on the direct custody of children, obligations and rights of each party after divorce for children; in case of failure to reach an agreement, the Court shall decide to assign the child to a direct custody party based on the child’s interests in all aspects; If your child is at least 07 years old, your child’s wishes must be considered.
Children under 36 months old shall be entrusted to their mothers for direct custody, unless the mother is not qualified to directly look after, care for, nurture or educate the child or the parents have other agreements suitable to the interests of the child.

Accordingly, the Court will consider the following factors to determine who is the direct custodian of the child:

+ The court decides to assign the child to a direct custody party based on the interests in all aspects of the child; If your child is at least 07 years old, your child’s wishes must be considered.

+ Children under 36 months old shall be assigned to their mothers for direct custody, if the mother is not qualified to directly look after, care for, nurture and educate their children, they will directly hand them over to the father to raise the child or prioritize the agreement of the parties if it is beneficial for the child.

Note: The wishes of children aged 7 years and older when deciding who to live with is only one of the factors for the court to consider the decision to assign the child directly to custody. The court must consider a range of other factors comprehensively to make a final decision. This decision is based on the best interests of the child and the appropriateness of the future upbringing of the child.

The rights and obligations of parents towards their children are very important, even if the parents do not have a marital relationship. Parents need to ensure that they are responsible and care about the development and education of their children later on. The relationship between father, mother and child is a sacred and noble relationship, so ensuring and maintaining this good value is contributing to ensuring the culture and fine customs of the nation, and at the same time contributing to the implementation of the State’s legal policies.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Marriage and family issues

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17/11/202317/11/2023

ADMINISTRATIVE PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS LABELS AND PACKAGES

I. What are counterfeits?

Pursuant to Point dd, Clause 7, Article 3 of Decree 98/2020/ND-CP, counterfeit goods are defined as follows:

a/ Goods whose use value or utility is not in accordance with the origin of natural nature and name of the goods; goods that have no use, use or use value, incorrect use compared to the declared or registered use value;

b) Goods with at least one of the quality criteria or basic technical characteristics or quantitative main substances that make up the use value or utility of the goods only reach 70% or less than the minimum level specified in registered technical regulations or quality standards, announcing the application or recording on labels and packages of goods;

c) Counterfeit drugs as prescribed in Clause 33, Article 2 of the 2016 Law on Pharmacy and counterfeit medicinal herbs as prescribed in Clause 34, Article 2 of the 2016 Pharmacy Law;

d) Veterinary drugs and plant protection drugs without active ingredients; there are not enough registered active substances; have active ingredients different from those stated on labels and packages of goods; have at least one of the active ingredient contents only reach 70% or less than the minimum level specified in registered or announced technical regulations or quality standards;

dd) Goods with goods labels or packages of goods bearing false instructions forging names and addresses of organizations or individuals producing or importing or distributing goods; forging circulation registration codes, publication codes, barcode codes of goods or forging goods packaging of other organizations or individuals; forgery of the origin and origin of goods or places of production, packaging and assembly of goods;

e/ Counterfeit stamps, labels and packages of goods.

II. Administrative fines

Administrative penalties for producing counterfeit goods labels and packages of goods are specified in Article 12 of Decree 98/2020/ND-CP

1. For the act of trafficking in counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at less than VND 3,000,000 or illegal profits of less than VND 5,000,000;

b) A fine of from VND 3,000,000 to VND 5,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 3,000,000 to less than VND 5,000,000 or illegal profits from VND 5,000,000 to less than VND 10,000,000;

c) A fine of from VND 5,000,000 to VND 10,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 5,000,000 to less than VND 10,000,000 or illegal profits from VND 10,000,000 to less than VND 20,000,000;

d) A fine of from VND 10,000,000 to VND 20,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 10,000,000 to less than VND 20,000,000 or illegal profits from VND 20,000,000 to less than VND 30,000,000;

dd) A fine of from VND 20,000,000 to VND 30,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 20,000,000 to less than VND 30,000,000 or illegal profits from VND 30,000,000 to less than VND 50,000,000;

e) A fine of from VND 30,000,000 to VND 50,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at VND 30,000,000 or more or illegal profits of VND 50,000,000 or more without being examined for penal liability.

2. A fine twice the fine specified in Clause 1 of this Article shall be imposed for the act of importing counterfeit or counterfeit goods in one of the following cases:

a) Being food, food additives, food preservatives, food processing aids, drugs and medicinal raw materials without being examined for penal liability;

b) Being animal feed, aquatic feed, aquaculture environment treatment products, livestock waste treatment products, fertilizers, veterinary drugs, plant protection drugs, plant varieties and livestock breeds;

c/ Being cosmetics, medical equipment, detergents, chemicals, insecticidal and bactericidal preparations used in household and medical fields, cement, construction iron and steel, helmets.

3. Additional sanctions:

a/ To confiscate exhibits for violations specified in this Article, except for the case of applying remedial measures specified at Points a or b, Clause 4 of this Article;

b/ To forfeit the right to use practice licenses and certificates from 01 month to 03 months for violations specified in this Article in case of repeated or repeat violations.”

4. Remedies

The act of trading in counterfeit goods labels and packages of goods will apply remedial measures in Clause 4 Article 11 of Decree No. 98/2020/ND-CP dated August 26, 2020.

+ Forcibly remove infringing elements on labels and packages of counterfeit goods or forcibly destroy counterfeit goods for violations specified in this Article, except for the case of removal from the territory of Vietnam.

+ Forcibly removed from the territory of the Socialist Republic of Vietnam or re-exported counterfeit goods for the act of importing counterfeit goods.

+ Forcibly surrender the illegal profits gained due to the commission of violations.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Administrative

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17/11/202317/11/2023

ADMINISTRATIVE PENALTIES FOR PRODUCING COUNTERFEIT GOODS LABELS AND PACKAGES

I. What are counterfeits?

Pursuant to Point dd, Clause 7, Article 3 of Decree 98/2020/ND-CP, counterfeit goods are defined as follows:

c) Counterfeit drugs as prescribed in Clause 33, Article 2 of the 2016 Law on Pharmacy and counterfeit medicinal herbs as prescribed in Clause 34, Article 2 of the 2016 Pharmacy Law;

e/ Counterfeit stamps, labels and packages of goods.

II. Administrative fines

Administrative penalties for producing counterfeit goods labels and packages of goods are specified in Article 12 of Decree 98/2020/ND-CP

1. For the act of producing counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:

a) A fine ranging from VND 2,000,000 to VND 5,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at less than VND 3,000,000 or illegal profits of less than VND 5,000,000;

b) A fine of from VND 5,000,000 to VND 8,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 3,000,000 to less than VND 5,000,000 or illegal profits from VND 5,000,000 to less than VND 10,000,000;

c) A fine of from VND 8,000,000 to VND 15,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 5,000,000 to less than VND 10,000,000 or illegal profits from VND 10,000,000 to less than VND 20,000,000;

d) A fine of from VND 15,000,000 to VND 25,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 10,000,000 to less than VND 20,000,000 or illegal profits from VND 20,000,000 to less than VND 30,000,000;

dd) A fine of from VND 25,000,000 to VND 40,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued from VND 20,000,000 to less than VND 30,000,000 or illegal profits from VND 30,000,000 to less than VND 50,000,000;

e) A fine of from VND 40,000,000 to VND 50,000,000 in case of counterfeit goods equivalent to the quantity of genuine goods valued at VND 30,000,000 or more or illegal profits of VND 50,000,000 or more without being examined for penal liability.

2. A fine twice the fine specified in Clause 1 of this Article shall be imposed in one of the following cases of counterfeit goods:

a) Being food, food additives, food preservatives, food processing aids, drugs and medicinal raw materials without being examined for penal liability;

b) Being animal feed, aquatic feed, aquaculture environmental treatment products, livestock waste treatment products, fertilizers, veterinary drugs, plant protection drugs, plant varieties and livestock breeds;

c/ Being cosmetics, medical equipment, detergents, chemicals, insecticidal and bactericidal preparations used in household and medical fields, cement, construction iron and steel, helmets.

3. Additional sanctions:

a/ To confiscate exhibits for violations specified in this Article, except for the case of applying remedial measures specified at Point a, Clause 4 of this Article;

b/ To confiscate devices which are tools and machinery used to produce counterfeit goods for violations specified in this Article;

c) Revoke the right to use practice licenses and certificates from 03 months to 06 months for violations specified in this Article in case of repeated or repeat violations;

d) Suspend part or all of the violating production activities from 03 months to 06 months for violations specified in this Article.

4. Remedies:

a/ To forcibly remove infringing elements on counterfeit labels and packages or forcibly destroy counterfeit goods for violations specified in this Article;

b/ To forcibly surrender the illegal profits gained as a result of committing violations specified in this Article.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Administrative

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

03/11/202303/11/2023

WHAT DOCUMENTS ARE REQUIRED FOR MOTORBIKES AND CARS ON THE ROAD?

I. General provisions

– In order to be able to participate in road traffic by motor vehicle, the driver of the vehicle, in addition to meeting the conditions on age and health, must also meet the requirements for compulsory documents to carry according to regulations. Pursuant to Clause 2, Article 58 of the Law on Road Traffic 2008 amended and supplemented in 2019:

“The driver of a vehicle must carry the following documents:

a) Vehicle registration;

b/ Driver’s licenses for drivers of motor vehicles prescribed by law

c/ Certificates of inspection of technical safety and environmental protection for motor vehicles prescribed by law

d/ Certificate of civil liability insurance of the owner of the motor vehicle.”

– The above documents are generally required for drivers of all types of motor vehicles when participating in road traffic. Therefore, if the driver does not carry all the documents prescribed by law and still participates in road traffic, the driver of the vehicle risks being fined for violations.

– However, depending on the type of vehicle, vehicle displacement and road traffic purpose, drivers may have to supplement and carry different types of documents.

II. Documents when operating a motorcycle (motorbike)

– Pursuant to Clause 2, Article 58 of the Law on Road Traffic mentioned above, when participating in road traffic by motorbike, the driver needs to bring the following documents:

– Vehicle registration certificate (Also known as Cavet)

– Driver’s license (Also known as a Driver’s License)

– Certificate of Civil Liability Insurance (Also known as Motor Insurance)

– However, it should be noted that for a driving license, the driver will need to carry a different type of license for each type of motorcycle pursuant to Clause 2 Article 59 of the Law on Road Traffic as follows:

* For small displacement two-wheelers: A two-wheeled motorcycle with cylinder capacity from 50 cm3 to less than 175 cm3. For this type of vehicle, the driver needs to carry a Class A1, Class A2 or Class A3 Driving License.

* For large displacement two-wheelers: A two-wheeled motorcycle with a cylinder capacity of 175 cm3 or more. For this type of vehicle, the driver needs to bring a Class A2 Vehicle Type License.

* For tricycles: Are tricycles. For this type of vehicle, the driver needs to carry a Class A3 Driving License.

III. Documents when driving a car

– Pursuant to Clause 2, Article 58 of the Law on Road Traffic mentioned above, when participating in road traffic by motorbike, the driver needs to bring the following documents:

– Vehicle registration certificate (Cavet)

– Driver’s license (By re)

– Certificate of Civil Liability Insurance (Car Insurance)

– Certificate of inspection of technical safety and environmental protection for motor vehicles (Register of automobiles)

– In addition, pursuant to Clause 13 Article 80 of Decree 100/2019/ND-CP, the car registration certificate will be replaced with a certified copy of the vehicle registration certificate and the receipt provided by the bank or credit institution in case the car owner buys a car with installment payment or the car is mortgaged at the bank.

– And just like motorbikes, car driving licenses also vary depending on the type of vehicle according to Clause 4 Article 59 of the Law on Road Traffic:

“a) Class A4 issued to drivers of tractors up to 1,000 kg;

b) Class B1 is issued to non-practicing drivers operating passenger cars with up to 9 seats; trucks and tractors with a tonnage of less than 3,500 kg;

c) Class B2 is issued to a practitioner driving a passenger car with up to 9 seats; trucks and tractors with a tonnage of less than 3,500 kg;

d) Class C shall be issued to drivers of trucks and tractors with a tonnage of 3,500 kg or more and vehicles specified for driving licenses of classes B1 and B2;

dd) Class D shall be issued to drivers of passenger cars with between 10 and 30 seats and vehicles specified for driving licenses of classes B1, B2 and C;

e) Class E shall be issued to drivers of passenger cars with more than 30 seats and vehicles specified for driving licenses of classes B1, B2, C and D;

g) Class FB2, FD, FE driving licenses issued to drivers who already hold driving licenses of classes B2, D and E to drive vehicles specified for driving licenses of this class when towing trailers or passenger cars connected to wagons; Class FC issued to drivers who already hold a Class C driver’s license to drive vehicles specified for Class C when towing trailers or semi-trailer tractors.”

– It should be noted that driver’s licenses for four-wheelers and cars are generally valid and at the expiration of the period the driver must take a test to be reissued.

– In addition, if the car is a vehicle used for transport purposes, the driver may need to carry specific licenses such as Road Use License for transporting super-sized and super-heavy goods, Dangerous goods transport license for transporting dangerous goods, etc …

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Civil

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27/10/202327/10/2023

Establish a company, apply for a license to operate advertising services in 2023

1. Advertising industries registered when establishing a company

Industry Code 7310: Advertising
Industry Code 1811: Printing
Industry Code 1812: Print-related services
Industry Code 5911: The production of movies, video films and television shows. Details: Television program production. (except for broadcasting and not performing fire or explosion effects; do not use explosives, incendiary substances, chemicals as props. Instruments for performing art programs, events, films )
Industry code 5912: Post-production activities (except film production and no fire or explosion effects. Do not use explosives, incendiary substances, chemicals as props. Instruments for performing cultural programs, events, films).
Industry Code 5913: The distribution of movies, video films, and television shows. Details: Film and video distribution activities (except film production)
Industry Code 5920: Music recording and publishing activities. Details: Recording activities (except karaoke business)
Industry Code 7410: Dedicated Design Activities. Details: Design printed products such as sketches, makets, drafts. Interior and exterior decoration activities. Graphic design, website design.
Industry code 7420: Photographic activities. Details: Record videos, take photos. (except film production).
Industry code 8230: Trade introduction and promotion organization. Details: Organizing seminars, conferences (do not implement fire or explosion effects. Do not use explosives, incendiary substances, chemicals as props, tools for performing art programs, events, movies).
Industry code 9000: Composing, arts and entertainment activities (except music teahouses, discos. And do not perform fire or explosion effects; Do not use explosives, incendiary substances, chemicals as props and tools for performing art programs, events and movies).

2. A dossier of opening an advertising company includes:

Application for enterprise business registration
List of founding shareholders for joint-stock companies, List of members for limited liability companies with two or more members;
Draft of the company’s charter: must have sufficient signatures of all members; the legal representative and founding shareholders, or the authorized representative of founding shareholders with a joint stock company; legal representatives and members, or authorized representatives with limited liability companies with 2 or more members;
Notarized photo personal certificate (ID card, CCCD)

3. Where to submit an application for opening an advertising agency

The business registration office belongs to the Department of Planning and Investment of the province and city where the head office is located.

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20/09/202320/09/2023

REGULATIONS ON LICENSE PLATE PRICES

1. Number and serial number of license plates of cars up for auction

The Minister of Public Security decides the number of car license plates put up for auction at each auction, including car license plates of provinces and centrally run cities, with series symbols: A, B , C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z white background, unregistered black letters and numbers, Expected to issue new ones, currently in the Vehicle Registration and Management System of the Ministry of Public Security and supplement the number of car license plates for the Police of provinces and centrally run cities in case of running out of car license plates. to register before the next auction.

2. Auction regulations

Based on the contents agreed upon by the Ministry of Public Security, the asset auction organization promulgates the Auction Regulations, including the following contents: List of car license plates up for auction, auction time for each plate car number, account for payment of deposit to participate in the auction and other contents as prescribed in Article 34 of the Law on Asset Auction.

3. Conditions for registering to participate in the auction

Firstly , the subjects participating in the auction are Vietnamese organizations and individuals who are eligible to participate in the auction of car license plates according to the provisions of Decree No. 39/2023/ND-CP and other relevant laws. according to the provisions of Clause 1, Article 3 of this Decree and pay the deposit to the asset auction organization according to the provisions of Clause 2, Article 3 of Resolution No. 73/2022/QH15.

Second, organizations and individuals registering to participate in the auction are responsible for the accuracy and truthfulness of declaring information to register to participate in the auction.

4. Steps to conduct a car license plate auction

Step 1: Register to participate in the auction :

– Registration to participate in the auction is done entirely online at the online auction information page of the asset auction organization: https://dgts.moj.gov.vn

– Auction participants are given an access account and instructions on how to use the account, how to bid and other content on the online auction information page to conduct the auction;

– Auction participants can choose car license plates according to their needs in the list of car license plates offered for auction from all provinces centrally run cities nationwide to participate in the auction;

– Auction participants pay the application fee and deposit for the car license plate they have chosen to participate in the auction into the asset auction organization’s account and are given an auction participation code for the auction. license plate of that car;

– The asset auction organization is responsible for receiving auction registration information and deposits continuously from the date of listing the asset auction until 03 days before the auction.

Step 2: Auction participants access the online auction information page with their access account and carry out auction procedures according to the Auction Regulations.

Step 3: At the end of the online auction, the online auction information page determines the auction winner, announces the auction results, and displays the auction minutes for the auction winner to confirm. , sent to the email of the auction participant registered with the asset auction organization.

Step 4: The auctioneer is responsible for organizing the online auction, authenticating the auction minutes with a digital signature to send to the winning bidder.

Step 5: The Ministry of Public Security assigns officers to monitor, supervise the auction organization process:: number of auctioneers, number of auction participants, auction results and other related issues.

Step 6: Auction orders and procedures not specified in this Decree shall comply with the provisions of the Law on Asset Auction.

5. Deposit to participate in auction

Auction participants must pay a deposit in advance. The deposit amount is agreed upon by the asset auction organization and the person having the auctioned asset, but the minimum is 5% and the maximum is 20% of the starting price of the auctioned asset.

The deposit is deposited into a separate payment account of the asset auction organization opened at the bank from the time of registration until 03 days before the auction.

In case of winning the auction, the deposit will be transferred to the collection account of the Ministry of Public Security to be paid into the state budget according to regulations.

6. Deadline for paying auction winnings

Within 15 days from the date of announcement of auction results, the winning bidder must pay the entire auction winning amount after deducting the deposit amount into the collection account of the Ministry of Public Security opened at the bank. foreign bank branches. Auction winnings do not include vehicle registration fees.

7. Refund winning auction

Within 12 months from the date of receipt of the document confirming the license plate of the winning car in the auction or the document extending the registration period in case of force majeure events or objective obstacles, the auction winner has not yet registered the winning car’s license plate attached to the vehicle, the Ministry of Public Security will send a notice to the auction winner at the registered address in the auction registration dossier.

In case the auction winner dies, the auction winner’s legal heir will be refunded the auction winning amount paid (after deducting auction organization expenses according to regulations and without interest being charged). according to the law.

8. In case of stopping the auction

First, the asset auction organization is forced to stop the auction in the following cases:

+ The Ministry of Public Security requests to stop the auction according to the provisions of Points c and d, Clause 1, Article 47 of the Law on Asset Auction;

+ Force majeure event.

The Ministry of Public Security decides to organize a re-auction after meeting all conditions for holding an auction according to regulations.

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27/07/202303/08/2023

Legal provisions on house ownership rights for foreigners in Vietnam

1. Foreign organizations and individuals are entitled to own houses in Vietnam

Foreign organizations and individuals investing in building houses under projects in Vietnam in accordance with the Law on Housing 2014 and relevant laws;

Conditions for foreign organizations and individuals to own houses in Vietnam

For foreign organizations and individuals invest in building houses under projects in Vietnam in accordance with the provisions of law, they must have investment certificates and have houses built in the project in accordance with the provisions of law;

A foreign organization must be an entity specified in Article 159 of the Law on Housing which has investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate)

A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam.

2. Rights and obligations of housing owners being foreign organizations and individuals

Rights of housing owners

– Enjoy inalienable rights to his/her lawful housing;

– Use the housing for residential purposes and other purposes not prohibited by regulations of law;

– Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in this Law and law on land;

– Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;

– Share the public utilities in that residential area as prescribed in this Law and relevant regulations of law.

– In case a foreigner is the owner of an apartment building, he/she shall have the common ownership and use rights to the common ownership of the condominium and the infrastructure works used in the common use of such apartment building, except for works built for business or must be handed over to the State in accordance with the provisions of law or as agreed upon in the purchase and sale contract, leases for the purchase of housing;

– Maintain, renovate, demolish and rebuild his/her house as precribed in regulations of law;

– Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;

– File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.

– In case of building houses on leased land, they are only entitled to rent houses.

Obligations of foreigners when owning houses in Vietnam.

– Use the house for proper purposes as prescribed; compile and store documents on their house;

– Comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;

– Comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.

– Comply with regulations of law and do not cause damages to benefits of the State, public, or lawful rights and interests of other households or individuals when their house is maintained, renovated, demolished, or rebuilt; if the homeowner is eligible for fix-term homeownership prescribed in Law on Housing, the house shall be renovated or demolished under the agreement between contracting parties;

– Purchase insurance against fire pertaining to the house subject to insurance against fire as prescribed in law on fire safety and law on insurance business;

– Implement effective decisions on actions against violations, disputes, complaints, or denunciation of housing, housing compensation, relocation, or demolishment made by the competent agency when the State withdraws their land, conducts land clearance, imposes compulsory purchase orders;

– Enable related entities and competent persons to carry out the inspection, observation, or maintenance of equipment systems, technical infrastructure, or common areas;

– Fulfill financial obligations to the State when their homeownership is recognized, their transactions are conducted and over the period in which the house is used as prescribed.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Housing Law

- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454

1. What is the principle of division of property of spouses when divorced?

2. How to determine common property, separate property of spouses?

1. Is it illegal to live together as husband and wife without registering your marriage?

2. How are common children resolved if they have not registered their marriage?

I. What are counterfeits?

II. Administrative fines

1. For the act of trafficking in counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:

2. A fine twice the fine specified in Clause 1 of this Article shall be imposed for the act of importing counterfeit or counterfeit goods in one of the following cases:

3. Additional sanctions:

4. Remedies

I. What are counterfeits?

II. Administrative fines

1. For the act of producing counterfeit goods labels and packages specified at Point dd, Clause 7, Article 3 of this Decree, fines are as follows:

2. A fine twice the fine specified in Clause 1 of this Article shall be imposed in one of the following cases of counterfeit goods:

3. Additional sanctions:

4. Remedies:

I. General provisions

II. Documents when operating a motorcycle (motorbike)

III. Documents when driving a car

1. Advertising industries registered when establishing a company

2. A dossier of opening an advertising company includes:

3. Where to submit an application for opening an advertising agency

1. Number and serial number of license plates of cars up for auction

2. Auction regulations

3. Conditions for registering to participate in the auction

4. Steps to conduct a car license plate auction

5. Deposit to participate in auction

6. Deadline for paying auction winnings

7. Refund winning auction

8. In case of stopping the auction

1. Foreign organizations and individuals are entitled to own houses in Vietnam

2. Rights and obligations of housing owners being foreign organizations and individuals

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