Occupational Disease Benefits for Employees

1. Eligibility for Occupational Disease Benefits Pursuant to Article 46 of the Law on Occupational Safety and Hygiene 2015, an employee participating in occupational accident and occupational disease insurance shall be entitled to occupational disease benefits if all of the following conditions are met: Note: Employees who have retired or are no longer engaged in […]

How Is a Child’s Place of Residence Determined When the Parents Reside in Different Countries?

1. Introduction The increasing prevalence of marriages involving foreign elements has given rise to numerous complex legal issues concerning children. One of the most common situations occurs when parents divorce or no longer live together, reside in different countries, and both wish for the child to live with them. In such circumstances, determining a child’s […]

Do Overseas Vietnamese Have the Right to Adopt Children in Vietnam?

1. Introduction Adoption is a humanitarian legal institution aimed at providing an alternative family environment for children who are unable to receive adequate care and upbringing from their biological parents. In the context of globalization, adoption has increasingly extended beyond national borders and become a legal relationship involving foreign elements. For Vietnam, the overseas Vietnamese […]

Can Land Mortgaged to a Bank Be Transferred?

Abstract In real estate transactions, it is not uncommon for land use rights to be mortgaged to a bank while the land user still wishes to transfer those rights to another person. This raises an important legal question: Can mortgaged land be transferred? If so, what conditions must be satisfied, and what are the legal […]

Do Foreign Nationals Have the Right to Make a Will in Respect of Property Located in Vietnam?

1. Introduction In the context of globalization and the increasing number of civil relationships involving foreign elements, it has become increasingly common for foreign individuals to own property in Vietnam. Such property may include bank deposits, shares, capital contributions in enterprises, property rights, or, in certain circumstances, residential housing lawfully owned in accordance with Vietnamese […]

Are Parties to a Contract Involving Foreign Elements Free to Choose the Applicable Law?

1. Introduction In the context of increasingly deep international economic integration, civil and commercial transactions involving foreign elements have become increasingly common. The participation of parties from different countries in the formation and performance of contracts raises an important issue concerning which legal system will govern the rights and obligations of the parties in the […]

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