- Introduction about the right to buy houses in Vietnam of Vietnamese residing overseas. Guidelines for procedures to apply for granting of the Certificate of House ownership to Vietnamese residing overseas under the Law on Housing No. 56/2005/QH11 of the National Assembly of the Socialist Republic of Vietnam dated 29/11/2005.
- Regulations on the right to establish branches and representative offices of foreign organisations and individuals under the Law on Enterprises No.60/2005/QH11 of the National Assembly of the Socialist Republic of Vietnam dated 29/11/2005, Decree No. 88/2006/ND-CP of the Government dated 29/08/2006 providing guidelines for implementation of the Law on Enterprises 2005 on business registration, and Decree No. 72/2006/ND-CP of the Government dated 25/7/2006 providing in detail the Law on Commerce on representative offices and branches of foreign merchants in Vietnam.
Q & A ABOUT LAWS ON VCCI WEBSITE
The Vietnam Chamber of Commerce and Industry is a non-governmental organization gathering and representing for the Vietnamese business community aiming at developing, protecting, and supporting enterprises. www.vcci.com.vn is the official website of VCCI, including diversified and updated information which is rather helpful to all individuals, enterprises, and investors wishing to do business in Vietnam. The e-column of “Q&A of Laws” has been continuously performed since October 2005 through consistent cooporation between VCCI and NHQuang & Associates Law firm.
NHQuang&Associates has cooperated with Que Huong
Journal to perform the “Answer- Question” section of legal issues related to
Vietnamese residing overseas. This section has received the attention of
Vietnamese community abroad.
week from Feb 04 to Feb 11, NHQuang&Associates answered the question:
"At present, I am residing overseas
but still holding Vietnamese passport. I would like to ask: In case Vietnamese
residing overseas are allowed to buy houses in Vietnam, how much tax must be paid?"
To prevent the pre-trial detainees from the feeling of being abandoned
- The right of family to access the detainees is a human right, which needs to
be tightly and clearly regulated to guarantee optimally human rights when it is
compulsory to apply measures to restrict the
freedom of an individual.
the survey results on the execution of the right to family access to pre-trial
detainees in 12 provinces and cities from January to April 2013, the Research Team
(including experts of NHQuang & Associates and Faculty of Law (National
Noi) recommended to amend bylaws towards promulgating new specialized decree detailing
the implementation of the Criminal Procedure Code regarding the right to family
access of the pre-trial detainees. It is allowed the access during the
detention time by
registration regime, instead of licensing regime as currently so that the right
to access to pre-trial detainees is conducted in compliance with humane spirit
of the law. Such recommendations were published in Phap luat Online Newspaper
issued on 21 October 2013 (Click
here for full article).
Implementation of law: a justice measure
index in 2012 (by the Vietnam Lawyers' Association in collaboration with Cecodes
under UNDP’s support) was formulated based on the assessment of people on five dimensions:
Accessibility, equity, integrity, reliability and efficiency, guarantee of
fundamental rights. The
Research Team also said that justice index was the aggregated data from practical
opinions reflected by the people about the law enforcement efficiency and justice
protection at localities.
into details, Mr. Nguyen Hung Quang (NHQuang & Associates), a member of the
Research team, said through survey of common disputes (labor, economic issues,
land and environment and so on), almost half the people surveyed said that land
disputes were of the most popular and continued to destabilize locally. Among
them 62% were civil disputes such as dispute about adjacent land, inheritance,
estates sale. etc. Mr. Quang also added 60% of people reflected that local
governments prioritized economic development over environmental protection, and
so forth. Such opinions were in the article published on Phap luat Thanh pho Ho
Chi Minh Newspaper issued on 04 October 2013 (Click here for full article).
Public authorities operate inefficiently
Index 2012 showed the inefficiency of state agencies in meeting the basic legal
needs of the people, handling civil disputes and administrativecomplaints. As a consequence, the people had
to seek for solutions outside the justice system.
justice index reflects 5 aspects of justice administration and the rule of law
in the opinion and experience of the people. It
includes accessibility, equality, integrity, reliability and efficiency, and
guarantee of fundamental rights.
Nguyen Hung Quang (NHQuang & Associates), a member of the Research team,
said nearly half of the survey respondents said that land disputes were the
most popular one and continued to cause the "destabilization" at localities.
current regulations on land use and land use planning at the locals are not transparent
which makes the people lose confidence in the safety of the term property. So they
do not want to do the long term investment in the land, and so on. Such opinions
of the research team were published on Thanh tra newspaper on 03 October 2013 (Click
here for full article)
(baodautu.vn) The channelattractingforeign directinvestment(FDI) through M&A is not reallysmooth, due
M&Anot onlybringssignificant investmentto the economy, but alsohelps businesses access technology, know-how regarding corporate managementandproductionin a flexible manner, creatingopportunities for market expansion.However, the system of legal documentsrelated tothiskind of
investment have not beenunifiedand clear enough, especially in legal
procedures, which is hamperinginvestment
and businessplansof foreign investorsinVietnam. Mr. NguyenHungQuang, NHQuang&Associates, has an article aboutthe
situation with some suggestedsolutions.
The article waspublished inthe Investment Review dated25 August 2013(Click
here for full article).
M&Ain 2013: The US$5 billionmarket opportunity
(HQ Online)- On 8 August 2013,
inHo Chi Minh City, Vietnam Investment ReviewandAVMVietnamCompanyco-organized the M&A Forumin 2013with the theme"Opportunities
in the US$5 billion market." Mr. NguyenHungQuang,
Managing Partner of NHQuang&AssociatesLaw Office, said that the channel to attractforeigndirect investmentthroughM&A was not reallysmoothdue to the shortcomingsrelated tolegalprocedures.
In which, the shortcomings regardingthe
foreign ownershiprateas well asthe definition offoreigninvestors and so onwere creating difficulties forboth enterprises and state managing authoritiesin the implementation ofthese provisions. The commentwasposted onHai Quan
Newspaper released on 08 August 2013(Click
here for full article)