1. Introduction Land is a fundamental resource in Vietnam, yet the constitutional principle of “land ownership by the entire people” (Article 53, 2013 Constitution) prohibits private land ownership. Instead, enterprises—including foreign-invested enterprises (FIEs)—are granted land use rights (LURs). A critical issue lies in whether FIEs can mortgage these LURs to secure financing, a question that […]
A House Built After Marriage on the Husband’s Parents’ Land – Marital Property or Separate Property?
In practice, a common type of dispute in family and matrimonial cases concerns whether a house constructed during the marriage on land legally owned by the husband’s parents should be classified as marital property or separate property. This issue carries significant theoretical and practical implications, as it relates to the principles of distinguishing between joint […]
1. Legal Basis (a) Law on Enterprises 2020Clauses 1 and 2, Article 12 of the Law on Enterprises 2020 provide: This provision is the key legal basis for determining an enterprise’s representative status in transactions and litigation. 2. Analysis and Commentary Article 12 of the Law on Enterprises 2020 affirms that Vietnamese law recognizes the […]
In credit activities, land use rights are the most common form of collateral. However, agricultural land has a limited term of use (20 years, 50 years depending on purpose). As a result, many disputes arise regarding cases where the collateral is agricultural land whose term of use has expired as stated in the Land Use […]
1. Legal Basis (a) Civil Procedure Code 2015 – Thus, when a request arises to annul a LURC (a type of individual administrative decision), jurisdiction falls within the scope of the Law on Administrative Procedure 2015. (b) Law on Administrative Procedure 2015 – Since LURCs are issued by district-level or provincial-level People’s Committees, jurisdiction over […]
1. Relevant Legal Grounds (a) Law on Marriage and Family 2014 “Divorce between a Vietnamese citizen and a foreigner, or between foreigners who are permanently residing in Vietnam, shall be settled by a competent Vietnamese authority in accordance with this Law.” – Accordingly, Vietnamese courts only have jurisdiction over divorce between two foreigners if both […]