QuynhHuong

Accordingly, it is essential to understand the registration fees, depending on each country. So, what are the regulations on registration fees under Vietnamese Law? Let’s find out with LSX in the following article!

Legal ground

• 2015 Law on Fees and Charges

What are registration fees?

A registration fee (LPTB) is a type of fee. Therefore, the concept of the registration fee is similar to the concept of fee.

Hence Clause 2, Article 3 of the Law on Fees and Charges 2015 stipulates: A fee is a fixed amount that an organization or individual must pay when a public service is provided by a state agency to serve state management; specified in the List of fees promulgated together with this Law. Example: License fee

The registration fee is calculated as a percentage of the property value.

Subject of registration fees

Following Article 2 of Decree 140/2016/ND-CP guided by Article 2 of Circular 301/2016/TT-BTC, the subjects subject to registration fee include:

• House, land:
  • House, including: Residential house; working house; house used for other purposes
  • Land, including: Agricultural and non-agricultural land types following the provisions of the Land Law under the management and use rights of organizations, households and individuals
• Hunting guns and guns used for practice and sports competitions.
• Ships, including barges, canoes, tugs and push ships.
• Boats that are subject to registration of ownership and use rights with State management agencies, including yachts.
• Aircraft.
• Two-wheeled motorcycles, three-wheeled motorcycles, mopeds and similar vehicles and have number plates issued by competent State agencies (collectively referred to as motorbikes).
• Cars, trailers or semi-trailers pulled by cars or similar vehicles and have number plates issued by competent state agencies.
• Shells, frames, and engines of ships, including barges, canoes, tugs and pushers; boats of the type subject to registration; Airplane; motorcycle; cars, trailers otherwise semi-trailers towed by automobiles…

When to pay fees?

Hence Article 3 of Decree 140/2016/ND-CP on registration fees, organizations and individuals whose properties are subject to registration fees must pay registration fees when:

• Registration of ownership rights, e.g. trademark registration
• Right to use with competent State agencies, except for cases in which registration fee is exempted. Thus, registration fee is a fixed amount that organizations and individuals whose properties are subject to registration fees must pay registration fees when registering their ownership and use rights with the State agency; unless otherwise exempted.

Thank you for paying attention to our article on “Regulations on registration fees under Vietnamese Law”.  Hope that this article about trademarks will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Accordingly, a strike is a temporary, voluntary and organized stoppage of work by employees; in order to achieve requirements in the process of settling labor disputes. However, when conducting an illegal strike, employees may have responsibility for violations caused by their actions. In the following article, LSX will give you the answer on handling illegal strikes in Vietnam.

Legal ground

• 2019 Labor Code

Illegal strikes

The strikes do not stem from a collective labor dispute for the sake of interest

Following the provisions of the previous Labor Code; an illegal strike is a strike that does not take place due to a collective labor dispute, beyond the scope of labor relations. In this case, the strike may occur due to a collective labor dispute over rights or interests, not as narrow as today. And accordingly, a strike is illegal when handling by the will of an individual, not the collective.

Organize strikes for employees who do not work for the same employer

In fact, strikes can be of varying scopes and sizes but are important to workers working for the same employer. In case of violation of the above conditions, the strike is illegal.

When the collective labor dispute has not been resolved by agencies, organizations or individuals

The strike must be done after 05 days from the date the Labor Arbitration Council makes a record of successful conciliation if one of the parties fails to implement the reached agreement; the labor collective can the right to initiate proceedings for a strike.

In case the Labor Arbitration Council makes a record of unsuccessful conciliation, after 03 days, the labor collective has the right to carry out the procedures to go on strike.

Strikes at prohitbited location

Basically, employees shall not practice strikes at enterprises, agencies, organizations or sections of enterprises, agencies or organizations that hire; otherwise use workers in accordance with the labor law, operate in industries and sectors essential to the national economy where a strike may threaten security, national defense, health and public order, including:

• Power generation with large capacity, electricity transmission and dispatching of the national power system;
• Exploration and exploitation of oil and gas; gas and gas production and supply;
• Ensuring aviation safety and maritime safety;
• Provide telecommunications network infrastructure; postal services serving state agencies;
• Supply of clean water, drainage, and environmental sanitation in centrally run cities;
• Directly serving security and national defense.

The strike will still proceed when there is a decision to postpone or stop the strike

Although the strike took place legally; considering that the strike had the risk of causing serious damage to the national economy and public interests; the Chairman of the provincial People’s Committee decided to postpone or stop the strike and assign it to competent state agencies and organizations for settlement.

When there is a decision to postpone or stop the strike, but the employees continue to carry out the strike, the strike will still be determined as an illegal strike.

Handling illegal strikes

Disciplinary handling of labor

In case a strike takes place and there is a court decision that the strike is illegal, but the employee does not stop the strike or return to work; depending on the seriousness of the violation, he or she may follow the disciplined labor according to the provisions of the labor law; which may be a reprimand, prolongation of salary increase, not more than 06 months, dismissal.

Compensation for damage to the employer

Basically, in the process of conducting an illegal strike; an employee who causes damage must compensate the employer for the damage, including:

• Damage to damaged machinery, equipment, raw materials, fuel, semi-finished products, finished products after deducting the value recovered from liquidation or recycling (if any);
• Expenses for remedying consequences caused by illegal strikes include:
• Operate machinery and equipment according to technology requirements;
• Repair and replace damaged machinery and equipment;
• Recycle damaged raw materials, semi-finished products and finished products;
• Preserving raw materials, fuel, semi-finished products and finished products during the strike;
• Environmental sanitation;
• Compensate customers or fines for breach of contract due to strike.

Sanctioning administrative violations for penal liability

The issue of administrative sanctions or criminal prosecution will arise for employees when they take advantage of the strike to commit the following acts:

• Causing public disorder, damaging machines, equipment and properties of the employer;
• Persons who obstruct the exercise of the right to strike, incite, entice or force workers to go on strike;
• Persons committing acts of repression or revenge against strike participants or strike leaders shall depend on the seriousness of their violations.

Lastly, thank you for paying attention to our article on “Handling illegal strikes in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related question

In the following article, LSX will give you an answer on “Is it possible to extend the term of a labor contract with an addendum?”.

Legal ground

• 2019 Labor Code

How long is a fixed-term employment contract?

Accordingly, a labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights, and obligations of each party in the labor relationship. In case two parties agree by a different name; but with contents showing paid employment, salary, and the management, administration, and supervision of one party; it shall be an employment contract.

Hence the current regulations, labor contracts have into two types: labor contracts of the indefinite term; and contracts of a definite term. In which, point b, clause 1, Article 20 of the Labor Code 2019 defines a term contract as follows:

A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity; within a period not exceeding 36 months from the effective date of the contract.

Is it possible to extend the term of a labor contract with an addendum?

Previously, Article 5 of Decree 05/2015/ND-CP (which expires on February 1, 2021) allowed the parties to amend the contract term by means of an appendix to the labor contract; with the following contents:

“The term of a labor contract may only modified once by the appendix of the labor contract; must not change the type of contract entered into; except in the case of prolonging the term of the labor contract with the elderly and employees who are part-time trade union officials specified in Clause 6, Article 192 of the Labor Code.”

Accordingly, the parties can sign an addendum to extend the term of the labor contract; but it can only be amended once and guaranteed not to change the type of labor contract signed. Instead, Clause 2, Article 22 of the Labor Code 2019 provides:
“The labor contract appendix details, amends, and supplements a number of articles and clauses of the labor contract but must not modify the term of the labor contract.

In case the labor contract appendix details a number of articles and clauses of the labor contract; which leads to a different interpretation from the labor contract, the contents of the labor contract shall prevail. In case the labor contract appendix amends or supplements a number of articles and clauses of the labor contract; it must clearly state the content of the amended and supplemented article and clause and the effective time.

Lastly, thank you for paying attention to our article on “Is it possible to extend the term of a labor contract with an addendum?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related question:

Accordingly, the strike is the right of workers to claim rights and benefits. However, not all cases are legal strikes. So, what are the regulations on illegal strikes in Vietnam? Let’s find out with LSX in the following article!

Legal ground

• 2019 Labor Code

The strikes do not stem from a collective labor dispute for the sake of interest

Following the provisions of the previous Labor Code; an illegal strike is a strike that does not take place due to a collective labor dispute, beyond the scope of labor relations. In this case, the strike may occur due to a collective labor dispute over rights or interests, not as narrow as today. And accordingly, a strike is illegal when handling by the will of an individual, not the collective.

Organize strikes for employees who do not work for the same employer

In fact, strikes can be of varying scopes and sizes but are important to workers working for the same employer. In case of violation of the above conditions, the strike is illegal.

When the collective labor dispute has not been resolved by agencies, organizations or individuals

The strike must be done after 05 days from the date the Labor Arbitration Council makes a record of successful conciliation if one of the parties fails to implement the reached agreement; the labor collective can the right to initiate proceedings for a strike.

In case the Labor Arbitration Council makes a record of unsuccessful conciliation, after 03 days, the labor collective has the right to carry out the procedures to go on strike.

Strikes at prohitbited location

Basically, employees shall not practice strikes at enterprises, agencies, organizations or sections of enterprises, agencies or organizations that hire; otherwise use workers in accordance with the labor law, operate in industries and sectors essential to the national economy where a strike may threaten security, national defense, health and public order, including:

• Power generation with large capacity, electricity transmission and dispatching of the national power system;
• Exploration and exploitation of oil and gas; gas and gas production and supply;
• Ensuring aviation safety and maritime safety;
• Provide telecommunications network infrastructure; postal services serving state agencies;
• Supply of clean water, drainage, and environmental sanitation in centrally run cities;
• Directly serving security and national defense.

The strike will still proceed when there is a decision to postpone or stop the strike

Although the strike took place legally; considering that the strike had the risk of causing serious damage to the national economy and public interests; the Chairman of the provincial People’s Committee decided to postpone or stop the strike and assign it to competent state agencies and organizations for settlement.

When there is a decision to postpone or stop the strike, but the employees continue to carry out the strike, the strike will still be determined as an illegal strike.

Lastly, thank you for paying attention to our article on “Regulations on illegal strikes in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related questions:

Accordingly, a strike is a temporary, voluntary and organized stoppage of work by employees; in order to achieve requirements in the process of settling labor disputes. So what is the procedure of strikes in accordance with the law in Vietnam? Let’s find out with LSX in the following article.

Legal ground

• 2019 Labor Code

Step 1: Get opinions on the strike

Basically, to conduct the procedure of strikes, the representative organization of employees having the right to organize and lead the strike; specified in Article 198 of this Code is responsible for collecting opinions of all employees; otherwise members of the management board of the representative workers’ organizations participating in the bargaining.

Contents of consultation:

• Agree or disagree with the strike;
• The plan of the representative organization of employees on the contents specified at Points b, c and d, Clause 2, Article 202 of this Code.

Besides, the collection of opinions is carried out directly by means of ballots or signatures or other forms. The time, place and method of collecting opinions on the strike decided by the representative organization of employees and must be notified to the employer at least 01 day in advance. The collection of opinions must not affect the normal production and business activities of the employer. The employer must not cause difficulties, obstruct or interfere in the process of the workers’ representative organization conducting the collection of opinions on the strike.

Step 2: Make strike decision and strike notice

Then, when more than 50% of the respondents agree with the content of the strike as prescribed in Clause 2, Article 201 of this Code; the representative organization of employees shall issue a decision on strike in writing.

The decision to strike must contain the following contents:

• Result of collecting opinions on strike;
• Time to start the strike and the location of the strike;
• Scope of the strike;
• Requirements of employees;
• Full name and contact address of the representative of the organization representing the workers, organizing and leading the strike.

At least 05 working days before the start of the strike; the organization representing the workers, organizing and leading the strike; must send a written notice of the decision to strike to the employer, the People’s Committee district level and the specialized labor agency under the provincial People’s Committee. At the time of starting the strike; in case the employer still does not accept to settle the worker’s request, the representative organization of the workers shall organize and lead the strike.

Then, the workers shall carry on the strike.

Lastly, thank you for paying attention to our article on “The procedure of strikes in accordance with the law in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related question

Accordingly, striking is one of the rights of employees. However, how to strike in accordance with the law is something that workers should know. So, what is a strike under Vietnamese Law? Let’s find out with LSX in this article.

Legal ground

• 2019 Labor Code

What is a strike?

Basically, a strike is the most direct and powerful measure of the employee for the employee to demand the correct performance of the employer’s obligations under the law; especially to satisfy the interests of the workers in terms of wages, working conditions, and their legitimate rights and interests.

In fact, a strike is an event in which labor stops because many workers refuse to continue working. Strikes often take place because workers feel dissatisfied with working conditions, wage regimes… Along with the transformation of economic mechanism, in the conditions of market economy, labor relations. It is no longer administrative in nature as before, but rather economic relations. Therefore, labor disputes appear more and more and many cases of employees have resorted to strike methods to settle disputes.

Article 198 of the Labor Code 2019 provides for strikes as follows:

“A strike is a temporary, voluntary, and organized stoppage of work by employees in order to achieve requirements in the process of settling labor disputes; and caused by a representative organization of workers with the right to collective bargaining.”

Therefore, based on the above provisions, a strike is an organized struggle of the labor collective in an enterprise; otherwise a structural part of the enterprise by temporary, voluntary and organized cessation of work of the labor collective. Act to require the employer to meet the legitimate rights and interests arising in the employment relationship.

Thus, the legitimacy of the strike is mainly from the perspective of the strike procedure; but not the content of the claims in the strike.

Strike legally

Cases where employees have the right to go on strike include the following cases:

• An employee representative organization that is a party to a collective labor dispute over interests has the right to carry out the procedures prescribed in this Code for a strike in the following cases:
  • The conciliation is unsuccessful or the conciliation time limit prescribed in this Code expires; but the labor mediator fails to conduct the conciliation;
  • The Labor Arbitration Board may not be established or established but fails to issue a dispute settlement decision; otherwise the employer who is the disputing party fails to implement the dispute settlement decision of the Labor Arbitration Board.

Although respecting and ensuring the right of workers to strike, strikes, especially large and long-term strikes, often affect or even threaten security, national defense and health and public order; causing bad consequences for the economy, society, people’s lives and the lives of workers; affect the national image, relations and international integration process… Therefore, the law does not allow strikes in 6 groups of enterprises with important positions and roles in the economy, society, including:

• Production, transmission and dispatch of power systems;
• Exploration and exploitation of oil and gas production and supply;
• Ensuring aviation safety and maritime safety;
• Provide telecommunications network infrastructure; postal services for State agencies;
• Supply of clean water, drainage, and environmental sanitation in centrally run cities;
• Directly serving security and national defense.

Lastly, thank you for paying attention to our article on “What is a strike under Vietnamese Law?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related questions:

Accordingly, bilateral contracts are the most familiar type of contract. So, what are the legal issues related to bilateral contracts under Vietnamese Law? Let’s find out with LSX!

Legal ground

• 2015 Civil Code

The concept of bilateral contracts

Hence the provisions of clause 1 of article 406, a bilateral contract is a contract in which each party has obligations towards the other. Unlike a unilateral contract, in a bilateral contract, all parties and subjects have their own obligations. Therefore, the rights of one party will correspond to the obligations of the other party and vice versa.

Also according to the 2015 Civil Code, an obligation is something that the parties must transfer the right, hand over/pay/valuable papers in order to perform or not perform a certain job. This work is done for the benefit of one or more rights holders.

Performance of a bilateral contract

Unlike a unilateral contract, where only one party has an obligation, in a bilateral contract; the parties to the contract have obligations towards each other. In fact, the parties to a bilateral contract must perform their obligations on time as agreed upon; and must not postpone performance because the other party has not yet performed their obligations towards them. Postponement of performance of an obligation in a bilateral contract specified in Article 411 of the Civil Code 2015; and an obligation that cannot performed due to one party’s fault specified in Article 413 of the 2015 Civil Code are two exceptions to the improper performance of the parties in a bilateral contract.

Article 410 of the 2015 Civil Code provides for the performance of a case-by-case contract as follows:

• The performance of obligations in a bilateral contract is carried out as follows:
  • According to the agreement of the parties in the contract: the parties may agree on the simultaneous performance of the obligations or the performance of the latter;
  • In case the parties do not agree, in order to ensure fairness between the subjects, the obligations of the parties perform concurrently; concurrent performance is the parties performing the obligations in a certain period of time;
  • In case an obligation cannot perform at the same time, the obligation that takes longer to perform shall has its performance first.

Postponement of performance of obligations in bilateral contracts

Basically, the parties to a relationship must perform their obligations when they are due. However, in some cases, the obligor has to postpone the performance of the obligation. Deferred performance of an obligation is an obligation to temporarily stop, not continue to perform until a certain period of time. The right to postpone performance of an obligation in a bilateral contract appears in non-concurrent performance obligations; whereas, the party that has to perform an obligation before or after has the right to postpone performance; in case the other party breaches the obligations.

The Civil Code provides for the right to postpone the performance of a bilateral contract as follows:

Right to postpone the performance of an obligation of the party that must perform the obligation first

Accordingly, the party that is performing a previous obligation; which is performing an obligation, when the conditions specified above occur, it has the right to postpone the performance of the obligation; and in case the previous obligor has completely fulfilled the obligation; but the later obligor is unable to perform the obligation; due to a serious decrease in its ability to perform the obligation, the previous obligor cannot can postpone. The ability to perform obligations can be property capabilities or other capabilities such as human resources, skill factors…

The postponement extension period is until the later obligee is able to perform the obligation or has measures to secure the performance of the obligation. Security measures include not only guarantees but also other measures such as pledge, mortgage, deposit, deposit… In case the performance of an obligation is not possible or there is no measure to secure the performance of the obligation; the previous performer is not required to continue to perform its obligation. This provision is to ensure the interests of the obligor to perform the obligation first; to avoid the situation where the first obligor has fulfilled its obligation; but the later obligor is unable to perform the obligation; causing damage to the previous obligor.

The right to postpone the performance of an obligation of the obligee to perform the following obligations

The latter party has the right to postpone the performance of the due obligation if the previous obligor has not yet performed its obligation when it is due. When the performance of an obligation is due but the party that need to perform the obligation first fails to perform, it breaches the performance of the obligation towards the latter. Therefore, the latter obligor is to postpone the performance of its obligation. The failure to perform the obligations of the latter party in this case is not a breach of the obligations towards the other party because in this bilateral contract, the rights and interests of the latter party perform the obligations.

Holding property in a bilateral contract

Thus, property lien is a measure to secure the performance of obligations; specified in Article 292 of the Civil Code 2015. Like other security measures, lien has the purpose of increasing the liability of the party having the property on hold; and at the same time ensuring the interests of the holder of the property.

Article 412 stipulates the passage of reference to the content of property lien specified from Articles 346 to Article 350 of the Civil Code. The lien arises from the time when the obligation is due; but the obligor fails to perform or improperly performs the obligation.

The obligor’s failure to properly perform his/her obligations is one of the circumstances; in which the obligee (the holder) is legally holding the property that is the subject of a bilateral contract to seize the property. However, this lien is only possible when the lien is the subject of a bilateral contract; thus, for other bilateral contracts, the obligee does not automatically establish a lien over the obligor’s property.

Lastly, thank you for paying attention to our article on “Legal issues related to bilateral contracts under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related questions

Accordingly, a bilateral contract is a familiar type of contract. Thus, when learning about the classification of civil contracts; you will certainly not be able to ignore this type of contract. So, what are the regulations on bilateral contracts under Vietnamese Law? Let’s find out with LSX!

Legal ground

• 2015 Civil Code

The concept of bilateral contracts

Hence the provisions of clause 1 of article 406, a bilateral contract is a contract in which each party has obligations towards the other. Unlike a unilateral contract, in a bilateral contract, all parties and subjects have their own obligations. Therefore, the rights of one party will correspond to the obligations of the other party and vice versa.

Also according to the 2015 Civil Code, an obligation is something that the parties must transfer the right, hand over/pay/valuable papers in order to perform or not perform a certain job. This work is done for the benefit of one or more rights holders.

Regulations on bilateral contracts

Basically, a bilateral contract is also a civil contract. Therefore, this type of contract must also meet the conditions of a general civil contract. In addition, a bilateral contract also needs a number of other conditions such as:

• In case the parties accept to enter into a written contract, it must be in many copies, each party keeps one copy of the contract.
• The parties are both rights and obligations. That is, they have both civil rights and obligations
• When the parties agreed on the time limit for performance of the obligations in the contract, when the agreed time limit for performance of the obligations, both parties must properly and fully perform their obligations. The parties may not postpone the performance on the ground that the other party has not performed the obligations.

Exceptions:

• By the due date, the party that is required to perform the obligation (party A) has the right to a postponement; in case the other party (party B) has seriously reduced its ability to perform the obligation and is unable to perform the obligations as agreed upon by the party. original contract. Only when Party B takes measures to ensure the performance of its obligations; or restores its ability to perform obligations, will Party A have to perform its obligations.
  • Where the previous obligee did not perform the obligation when the time limit is up; the later obligee has the right to postpone the performance of its obligation.
  • Unable to perform the obligation due to the fault of the other party. In this case, the aggrieved party may request the other party to continue to perform in full; and in case with its obligations or request cancellation of the contract and claim compensation for damage.
• Where the parties do not have a clear agreement on which party to perform the obligation first, the performance of the obligation shall be performed concurrently. In case it is not possible to perform concurrently, the obligation that takes more time to perform will have to be performed first.

Lastly, thank you for paying attention to our article on “Regulations on bilateral contracts under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Related questions

Accordingly, when the Court’s decision to declare an individual dead takes effect; the individual is “legally dead”. So, what regulations on declaring a dead person under Vietnamese Law? Let’s find out with LSX!

Legal grounds

• Civil Code 2015
• Civil Procedure Code 2015
• Other relevant legal documents

When a person is legally dead?

Hence the regulations of Article 71 of the 2015 Law on Courts sets out the cases; in which a person can ask the Court to declare a person dead:

“Article 71. Declaration of death

1. Persons with related rights and interests may request the Court to issue a decision declaring a person dead in the following cases:

• After 3 years, from the effective date of the Court’s decision declaring missing, there is still no reliable information that he is still alive;
• Disappeared during the war 5 years after the end of the war, but there is still no confirmation that he is still alive;
• Having an accident or disaster or natural disaster but after 02 years from the date of the accident or disaster; there is still no confirmation that he is still alive, unless otherwise provided for by law
• He has been missing for 5 consecutive years or more and there is no reliable information that he is still alive; This time limit is calculated according to the provisions of Clause 1, Article 68 of this Code.

2. Based on the cases specified in Clause 1 of this Article; the Court shall determine the date of death of the person who is declared dead.
3. The court’s decision declaring a person dead must be sent to the commune-level People’s Committee of the place; where the person is declared dead for notes in accordance with the civil status law.”

Declaration by the Court

Thus, a person with related rights and obligations may request the Court to declare a person dead in the following 04 cases:

• After 03 years from the effective date of the Court’s decision to declare missing, there is still no news of life;
• Disappeared during the war after 05 years since the war ended without any news of survival;
• Having an accident, disaster, or natural disaster that; after 02 years from the date of termination of the above events, there is no confirmation that he is still alive;
• Missing for 5 years or more, no news of survival.

At this time, the person with related interests must submit a request together with documents and evidence to prove that the requested person has died. Then, after 20 days from the date of accepting the application; the Court will issue a decision to notify the search for information about this person.

After the 10-day notice period expires, the Court will hold a meeting to consider the petition. In case accepted, the Court will issue a decision declaring a person dead. In it, the Court must determine the date of death and the legal consequences of this declaration.

Legal consequences of death declaration for individuals

Thus, when the Court’s decision to declare death for an individual takes effect, that individual is legally dead. In fact, this leads to legal consequences that change issues related to the person’s personal relationship and property relationship.

Regarding the status of subjects: In case the Court’s decision to declare the death of an individual takes effect, the subject status of that individual ceases completely. This means that, from the time the Court’s decision comes into effect, that individual cannot enter into any civil relationship as a subject of that relationship, from the financial relationship. property, personal relations, civil transactions…

Regarding personal relationships: Marriage, family, and other personal relationships of that person are handled as; in case they were a deceased person. In this case, the marriage relationship of the dead individual is under termination. Other personal relationships are similarly under termination. If the spouse of a dead individual marries another person, such marriage will still have legal effect.

Regarding property relations: If the dead person has a valid will, the property they leave behind; divided according to the will. In case there is no will or in some special cases, the estate left by the deceased will be divided according to law. In addition, in cases where the person declared dead has not yet settled the property obligations to a certain subject; the heirs must perform that obligation within the scope of the property left by the dead person.

Settlement of legal consequences of dead individuals

In addition to stipulating a dead person; the Civil Code has planned in advance how to solve the problems of the dead person. Specifically, Article 73 of the 2015 Civil Code provides for annulment of the decision to declare a person dead as follows:

Thus, according to the above provision; the dead person on his/her return can request the Court to cancel the decision on death declaration by himself or through the people with related rights and interests to request the Court. At that time, the person’s personal relationships and subject status; in fact; restored. In a marital relationship, if the spouse of an unmarried person marries another person; that conjugal relationship is automatically restored. In terms of property, the person has the right to get his property back from his heirs.

Lastly, thank you for paying attention to our article on “Regulations on declaring a dead person under Vietnamese Law?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

Accordingly, adoption is one of the most important issues that need to stay under the control of the State. Therefore, the dossier for adoption is vital. Let’s find out with LSX in this article!

Legal grounds

• 2015 Civil Law
• 2010 Adoption Law

What is adoption?

Basically, adoption is a process in which one person assumes parenting responsibility for another person, usually a child, from that child’s biological or legal parent; and in doing so, transferred all rights and responsibilities, including filial piety, from the biological parents to the new person.

Conditions for adoption

Thus, current law stipulates that in order to be able to carry out the adoption procedure; the adopter and the person being adopted must satisfy the conditions prescribed by the law, specifically as follows:

In case of adoptees

Following Article 14 of the Law on Adoption 2010, an adopter must fully satisfy the following conditions:

• Have full civil act capacity;
• More than 20 years old or older;
• Having health, economic and accommodation conditions to ensure the care, upbringing and education of adopted children;
• Have good moral character.

Moreover, the adopter does not fall into one of the following cases:

• Being restricted in a number of rights of parents towards minor children;
• Currently serving decisions on administrative handling at educational institutions or medical treatment establishments;
• Is serving a prison sentence;
• The criminal record expunged for one of the crimes of intentionally infringing upon the life, health, dignity and honor of others; mistreating or abusing grandparents, parents, spouses, children, grandchildren, people contributed to raising them; seducing, forcing or harboring minors to violate the law; buying, selling, exchanging, appropriating children

In particular, in case a stepfather adopts his wife’s stepchild, a stepmother adopts a stepchild from her husband, or an aunt, uncle, uncle or aunt adopts a child; it does not need to meet the conditions for adoption. age and conditions in terms of health, economy, etc.

In case the adopter is a couple, both husband and wife must ensure the above conditions and must have written consent of both on the adoption.

In case of adopted

For adoption, the person must be a child under 16 years old. In special cases, an adopted person must be over 16 years old to under 18 years old if the adopter and the adopted person have a relationship:

• Stepfather, stepmother with stepchildren
• Aunt, uncle, aunt, uncle, uncle and nephew

At the same time, the adopted person can only be the adopted child of a single person or of a couple.

Dossier for adoption

In case of adoptees

Hence the regulation of law, the dossier for adoption will contain the following documents:

• Application for adoption;
• Copy of Passport, People’s Identity Card or a valid substitute document;
• Judicial history card;
• Written confirmation of marital status;
• Health certificate issued by a district-level health agency or higher;
• A written certification of family circumstances, accommodation and economic conditions, issued by the People’s Committee of the commune where the adopter permanently resides.

In case of people introduced for adoption

Hence the regulation of law, the dossier for adoption will contain the following documents:

• Birth certificate;
• Health certificate issued by a district-level health agency or higher;
• Two full-body photos, looking straight ahead, taken within 6 months;
• A written certification made by the People’s Committee or the commune-level police station where the abandoned child is discovered, for abandoned children; The death certificate of the biological father or mother or a decision of the Court declaring the biological father or mother of the child to be dead, for orphaned children; the court’s decision declaring the natural father or mother of the person introduced for adoption missing, for the person introduced for adoption, whose natural father or mother is missing; the court’s decision declaring that the biological father or mother of the person introduced for adoption loses the civil act capacity for the person introduced for adoption but the biological father or mother loses the capacity for civil acts;
• Acceptance decisions for children in foster care.

Lastly, thank you for paying attention to our article on “Dossier for adoption under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

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