The debate on the applicable law of construction contracts will end if the Draft Precedent No. 06/2024 is approved.
Precedent No. 06/2024 – Applicable Law for Construction Contract
Ngày đăng: Friday, 07/06/24 Người đăng: Ngan Nguyen
The world is changing and changing fast. Yesterday’s solution may not work today. Hope clients find this insight helpful.
Vietnam’s Precedent on Consular legalization of documents in arbitration is coming
Ngày đăng: Tuesday, 28/05/24 Người đăng: Ngan Nguyen
Whether documents in arbitral proceedings shall be undergone consular legalization or not is a debated issue in Vietnamese Courts’ practice. This issue causes the concerns and risks to the relevant parties, especially who are foreign parties.
On 10 and 11 May 2024, CNC is honored to host a training course on FIDIC Contracts for one of the most prominent construction contractors in Vietnam – Coteccons Construction Joint Stock Company
New approach of Vietnam’s Courts on Liquidated Damages
Ngày đăng: Tuesday, 19/03/24 Người đăng: Ngan Nguyen
New Approach of Vietnam’s Courts on Liquidated Damages Liquidated Damages have become a debated topic in Vietnamese jurisdiction. For a long time, many Vietnamese Courts have argued that such damages were unacceptable. However, is there any change recently? To answer this question, CNC shall introduce to readers this article undertaken by Mr. Tran Pham Hoang…
On October 1st, 2023, the Chief Justice of the People’s Supreme Court issued Decision No. 364/QD-CA on the promulgation of precedents, with the total number of new precedents being 7, and the effective date being November 1st, 2023. This Decision has increased the number of available precedents in Vietnam to 70. Among these 7 new…
Aside from the commonly seen dispute resolution methods in other Conventions such as mediation and ad hoc arbitration, the EU – Vietnam Investment Protection Agreement (EVIPA) has one more notable method of dispute resolution, namely, the Investment Court System (ITS or ICS). EVIPA and Investment Dispute Resolution Mechanism EU-Vietnam Free Trade Agreement (EVFTA) is a…
Precedent No. 05/2016/AL regarding inheritance disputes
Ngày đăng: Wednesday, 24/05/23 Người đăng: Ngan Nguyen
Precedent No. 05/2016/AL on the case of inheritance disputes In all reality, it is not uncommon for the descendants of the deceased to manage an inheritance and have disputes amongst the heirs who are entitled to the inheritance. At that time, the person managing the inheritance refused to release the inheritance for distribution. This is…
Commentary on Precedent No. 04/2016/AL on Contract Disputes pertaining to the Transfer of Land Use Rights
Ngày đăng: Wednesday, 24/05/23 Người đăng: Admin
In reality, agreements between spouses on joint property are not always in writing. In fact, it’s just the opposite – it is more commonly observed that one party (spouse) liquidates the joint property without explicit consent of the other party (spouse) – However, there are instances in which the other party does have knowledge of the transaction but object or exhibit behavior that could be interpreted as consent toward the transaction of the joint property.
Precedent No. 04/2016/AL is considered a major Precedent in Vietnam, due to the prominence of disputes over joint property between parties to a marriage, and in this particular case, the concerned property is land use rights
Southeast Asia in general and Vietnam, in particular, are always a place on the charts of the best destinations for expats. Besides those who have a hobby of travelling, many foreigners want to settle down in Vietnam – a country offering a low yet convenient standard of living. Hence, obtaining a Permanent Residence Card (PRC)…