Real estate dispute lawyers in Vietnam discuss land disputes

Real estate dispute lawyers in Vietnam discuss land disputes

In Vietnam, land disputes, real estate disputes, and property disputes are among the most complicated disputes that frequently arise in everyday life. Settling these sorts of debates could take time and the land question legal counselor in Vietnam could assist with distinguishing the underlying drivers and propose reasonable methodology for mollification and settlement.

Real estate dispute law firms in Vietnam discuss land disputes

What types of land disputes in Vietnam?

Land, real estate, and property disputes typically involve high stakes and a wide range of topics, including disputes over land use rights, ownership of property tied to land use rights, rights to land use rights derived from inheritance, property division disputes during divorce, disputes over transfer and transformation transactions, leasing, subleasing, and mortgages tied to property or land use rights.

What are land disputes in Vietnam?

A land use right dispute is a disagreement between two or more parties in a land use right relationship regarding the rights and responsibilities of land users.

What should the parties do to resolve a dispute over land? There are two ways in which a land dispute can be resolved: in court or through settlement procedures at state administrative agencies.

Firstly, for some sort of land questions, placation strategy at commune-level People’s Committee of the locality a where the contested land is found is obligatory condition and method.

Specifically, on the off chance that placation by parties can't be accomplished, the gatherings might send a request for pacification to he commune-level People’s Committee of the locality where the contested land is found.

When a petition for resolving a land dispute is received by the commune-level People's Committees, the conciliation process must be completed within 45 days. Only when all of the disputing parties are present can the conciliation take place. On the off chance that any of the questioning gatherings is missing for the subsequent time, the appeasement will be viewed as ineffective.

The following two cases will be used to settle the land dispute in the event that conciliation at a commune-level People's Committee fails:

-The land, first and foremost, debate in which the party has an endorsement or any of the papers recommended in Article 100 of Land regulation and the disagreement regarding resources connected to land will be settled by People’s Court.

Second, in the case of a land dispute in which neither party possesses the aforementioned documents, the parties have a choice between the following two approaches to settlement: recording a composed solicitation for question settlement with a competent People’s Committee or documenting a claim with a competent People’s Court in accordance with the law on civil procedures.

In the second case, the chairperson of the competent People’s Committee is in charge of resolving disputes between households, individuals, and communities when the party chooses to settle at a competent People's Committee. In accordance with the law governing administrative procedures, the parties can either file a claim with the chairperson of the provincial-level People's Committee or sue in a People's Court if they are dissatisfied with the settlement decision.

In the event that one party is an association, a strict establishment, an abroad Vietnamese or an unfamiliar contributed undertaking, the executive of the common level People’s Committee is liable for the settlement. In accordance with the law governing administrative procedures, the parties have the right to file a claim with the Minister of Natural Resources and Environment or a lawsuit with a People's Court if they are dissatisfied with the settlement decision.

It ought to be noticed that the lawfully compelling choice on question settlement should be completely maintained the gatherings. Assuming the gatherings neglect to go along, the choice will be authorized.

The following grounds shall be the basis for the settlement of land disputes in which the disputing parties do not possess a certificate or any of the documents required by the Land Law or the Decree detailing a number of articles of the Land Law:

-The disputing parties' evidence regarding the land's origin and use process;

-Actual land areas that are currently occupied by the parties in addition to the land area that is in dispute and the average land area that is shared by each household in the area;

-Conformity of the disputed land's current use status with land use plans that have been approved by competent state agencies;

-Particular treatment arrangements toward people with worthy administrations to the State; Land use rights recognition, lease, and allocation regulations.

How real estate dispute lawyers in Vietnam could help?

The people of Vietnam do not own  land. Land use rights can only be purchased and sold. As previously stated, the complexity of Vietnam's land law and related regulations, as well as the country's long-standing culture of land use, could complicate disputes involving real estate, land, and property.

A mandatory condition and procedure for some kinds of land disputes is that they must be resolved at the commune-level People's Committee of the locality where the disputed land is located. The parties to other kinds of property and real estate disputes could immediately file a claim with the court. It might be difficult to differentiate between dispute resolution methods. In order to avoid or resolve a dispute, it is recommended to consult a real estate dispute lawyer in Vietnam for early guidance and representation.

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How Trademark Licensing in Vietnam Works?

 How Trademark Licensing in Vietnam Works?

Vietnam's intellectual property law governs the licensing of industrial property subjects in general and trademarks in particular. As a result, when a trademark is licensed in Vietnam, the owner (the licensor) grants permission to another party (the licensee) to use the trademark in Vietnam under terms and conditions that have been mutually agreed upon.

The nature and quality of the products or services associated with the trademark are still under the control of the licensor.

Quality control is the most important aspect of trademark licensing in Vietnam because buyers expect consistent quality from trademarked goods or services regardless of where they are purchased or used.

To avoid disputes in trademark licensing in Vietnam, permission must be granted in writing.

What are the advantages of trademark licensing in Vietnam?

Trademark licensing in Vietnam could bring great advantages as following:

• Additional revenue
• Territorial expansion
• Benefits from others’ manufacturing, sales, distribution, marketing skills
• New channels of distribution
• Discontinued marks
•  Strategic partnerships
• Convert a trademark infringer into a partner
• Increase consumer recognition and advertising 

Forms of trademark licenses in Vietnam

Trademark licensing in Vietnam may take the following forms:

• Franchising
• Merchandising
• Brand extension
• Co-branding
• Components or ingredient branding
• Standards

What kinds of contracts exist for trademark licensing in Vietnam?

Licensing of trademark includes the following types: Exclusive contract, Non-exclusive contract, Sub-license contract.

-First, an exclusive contract is one in which the licensee has exclusive use of the licensed trademark within the scope and duration of the licensing agreement, while the licensor is prohibited from using the licensed trademark without the licensee's permission.

-Second, a non-exclusive contract is one in which the licensor retains the right to use the trademark and enter into a non-exclusive trademark license agreement with others within the scope and duration of the licensing agreement.

-Thirdly, trademark sub-license contract mean an agreement under which the licensor is a licensee of the option to utilize such brand name as per another agreement.

What is included in the Vietnam trademark licensing contract?

In a the agreements, having the accompanying contents is required: complete names and addresses of the licensor and of the licensee; reasons for licenses; type of contract; scope of licensing, including territorial and use right restrictions; contract duration price of a license; rights and responsibilities of the licensee and licensor. To deal with potential disputes that may arise between parties during the execution of trademark licensing in Vietnam, it is essential to establish regulations regarding the dispute resolution process for trademark licensing.

The parties must also consider the legality of this contract in addition to the aforementioned provisions. In contrast to assignment contracts for trademarks in Vietnam, where they must be registered at the National Office of Intellectual Property of Vietnam before they can take effect, licensing contracts for trademarks do not require such registration. When the licensor loses its trademark rights, the licensing agreement will automatically end.

Our Intellectual Property attorney can assist the client with any additional inquiries or requests for legal counsel regarding trademark licensing in Vietnam or a dispute in trademark licensing contract.

 

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Languages in Arbitration Proceedings in Vietnam

What are Languages in Arbitration Proceedings in Vietnam?

Article 10 of the Vietnam Law on Commercial Arbitration says that if both parties are Vietnamese, the language used in arbitration proceedings to settle a dispute is Vietnamese, or a language agreed upon by both parties if one of them is a foreign-owned business. Specifically:

Except for disputes in which at least one party is a foreign-invested enterprise, the language of arbitration is Vietnamese for disputes with no foreign component. A dispute party may employ an interpreter if it is unable to speak Vietnamese.

For questions including unfamiliar components or debates to which no less than one party is an unfamiliar contributed undertaking, the gatherings will agree on the language to be utilized in arbitral procedures. The arbitration council will decide on the language to be used in arbitration proceedings if they do not have such an agreement.

Arbitration lawyers in Vietnam can also help clients with a variety of issues, such as choosing an arbitrator, choosing the rules for the arbitration, choosing an ad hoc or institutional arbitration, choosing a location for the arbitration, and getting an arbitral award enforced.

 

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How Can Foreigners Purchase Real Estate in Vietnam?

 How Can Foreigners Purchase Real Estate in Vietnam?

Regulations on foreigners owning real estate in Vietnam are regulated in Civil Code 2015, Law on Land 2013, Law on Housing 2014, Decree no. 99/2015/ND- CP on guidelines the Law on Housing and related documents.

For land, foreign individuals are not qualified to utilize land alloted or rented by the State, perceived land use freedoms, got move of land use privileges. However, a company with foreign capital may have received a land use right transfer, recognized land use rights, or land that has been allocated or leased by the State. Companies with foreign capital that are given land by the state in exchange for the payment of land use taxes in order to carry out investment projects related to the construction of houses that can be sold or leased out.

For housing, the following foreign individuals are eligible for homeownership in Vietnam: foreign companies that, in accordance with this Law and its regulations, invest in the construction of project-based housing in Vietnam; unfamiliar contributed ventures, branches, agent workplaces of unfamiliar endeavors, unfamiliar contributed assets and parts of unfamiliar banks working in Vietnam (hereinafter alluded to as unfamiliar association); people from other countries who are permitted to enter Vietnam.

Foreign companies can become homeowners in Vietnam if they invest in the construction of project-based housing in accordance with the provisions of this Law and the applicable legal regulations; or on the other hand purchase, lease and buy, get, or acquire business lodging remembering condos and separate houses for the task for lodging development, with the exception of regions under administration connecting with public guard and security as endorsed in guidelines of the Public authority.

The house cannot be purchased by a foreign company; it can only be sold or offered to another company that is eligible to own housing in Vietnam in the following situations: an unfamiliar association or individual gets a house as a legacy or a gift which is situated in a space in which unfamiliar substances should not claim houses, or the amount of which surpasses as far as possible; a foreign individual or organization that is not permitted to enter Vietnam receives a gift or inheritance in the form of a house in Vietnam.

For explicit circumstances, to stay away from future debate in house proprietorship emerged from the buy, rent of property, house, land from the state, engineer or other dealer, or lessor the client must check with property legal advisors for qualification, conditions and other significant issues.

How real estate dispute lawyers in Vietnam could help?

Our real estate dispute lawyers in Vietnam represent real estate buyers, investors, landlords and tenants in the negotiation, acquisition of residential apartments, houses, tenant leases of office, industrial, retail and other commercial space. When encountering dispute, the buyer need to engage real estate dispute lawyers to handle dispute resolution.

 

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Areas prohibited to set up company in Vietnam

Vietnam encourages investors to set up company in Vietnam

With the public authority's endeavors in working on the venture and business climate, which is good for homegrown financial backers as well as unfamiliar financial backers, Vietnam's monetary, political and social circumstance has consistently stayed stable and accomplished extraordinary advancement, over the course of the time including the post-Coronavirus period, while laying out reciprocal exchange relations with numerous nations the world. In an effort to open up the economy, the government keeps changing its policies to support business development and improve the business environment. Specifically, the public authority resolves to energize unfamiliar financial backers carrying on with work in Vietnam: to start a business, build a factory, or buy shares in a Vietnamese company, or to invest in Vietnam in various sectors that will benefit the economy.

In general, foreign investors are permitted to establish a business and invest in Vietnam. Up until the end of 2022, the capital for Foreign Direct Investment (FDI) registered is USD 439 billion, and the FDI attracted in 2022 alone is USD 27,7 billion. In practice, a significant number of them have established businesses in Vietnam and have made substantial investments in manufacturing and production, real estate, energy, technical fields, wholesale and retail product trading, and other related industries.

Areas prohibited to set up company in Vietnam

It should be noted that the following are prohibited areas of business in Vietnam: i) dealing in illegal drugs; ii) minerals and chemicals are traded; iii) exchanging examples of plants and wild creatures; iv) the prostitution industry; v) buying and selling people, tissues, organs, human hatchlings; vi) human cloning-related business practices; vii) exchanging fireworks; viii) Businesses that provide debt collection services, including debt collection services, which were recently added to the prohibited list in the beginning of 2021 due to the negative social impact that debt collection companies in Vietnam have had.

The general requirement for both domestic and international investors is that they are permitted to engage in business investment activities in trades and industries that are not prohibited by law. The remaining trades and industries are divided into conditional and ordinary business lines, with the exception of the trades that are prohibited from business investment. In normal business lines, financial backers can openly enter without boundaries. Interestingly, contingent business lines set conditions that should be met assuming the financial backers wish to join. Understanding the lawful condition to work in a particular industry and business line is the initial step for financial backers to enter the market to set up organization in Vietnam.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

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Real Estate Legal Matters in Vietnam

Real Estate Legal Matters in Vietnam

In general, private ownership of land in Vietnam is prohibited because the land belongs to the people and is administered by the State of Vietnam. What then is available to purchase when it comes to real estate? What might the purchaser own? When someone wants to invest in real estate in Vietnam, they need to understand a specific definition, as the question would be posed to real estate dispute lawyers in Vietnam.

You may have the right to use land in Vietnam?

According to Vietnamese law, it is permissible to own a right to use land. The means by which foreigners and Vietnamese can lease land from the state are provided by this so-called Land Use Right (LUR) Certificate. The land users are able to safeguard their legitimate rights and interests thanks to this LUR Certificate. The transfer of the seller's rights to use the land and the rights to house ownership are both part of the real estate or house sale. The right to use land can be directly obtained in a variety of ways, including: the state's lease; sublease from a zone developer; transfer from another user of the land; transfer from the state. The legitimate reason for Land and House Law of Vietnam are specified in the Law on Lodging as well as in the Law Ashore. The freedoms and privileges of holders of house possession and the holders of the LUR Testament are gotten comfortable this regulation.

In the house ownership right certificate, the name of the person who owns the house must be written, and their rights include, for example, the right to possess; use; sell; lease; donate; exchange; loan or to allow others to remain briefly in the house. The person who holds the LUR and house possession endorsement is qualified for practice the full scope of freedoms over the land/house. The Certificate of Land Use Right and House Ownership Right (LURC) therefore combines land use rights and ownership of land assets.

Can foreigners buy houses in Vietnam?

However, due to the fact that Vietnamese, overseas Vietnamese, and foreigners do not all have the same rights, the individual or organization that wishes to do so determines the possibilities for acquiring land or houses. In Vietnam, acquiring land or a home was frequently quite challenging, particularly for foreigners. Before 2009, foreigners could only form a joint venture with a Vietnamese company and could not legally acquire property. Yet, the Goal No. 19/2008(ND-QH12) began allowing foreigners to own homes in Vietnam in January 2009, with the requirements that the foreigner 1) be employed by a company that is currently operating in Vietnam and 2) possess at least a temporary residence card in order to purchase and own an apartment unit in Vietnam. The Vietnamese Prime Minister is currently debating whether or not to extend this five-year piloting program, which will come to an end in 2014, in order to support the real estate market and make it more appealing to foreigners.

After the first five years, the government said it would review the pilot policy. The Ministry of Construction also said it would open up the possibility of letting foreigners buy houses regardless of whether they work and do business in Vietnam or want to buy real estate in Vietnam.

It is essential to remain current on all legal modifications and developments given that the real estate situation in Vietnam appears to be approaching a turning point. It is necessary to be aware of these legal circumstances in Vietnam because Vietnamese law has special provisions for every organization or individual who wishes to operate with land and real estates related to House Law.

How real estate dispute lawyers in Vietnam could help?

ANT lawyers are aware of the distinctions between Vietnamese and foreign house law provisions and can offer assistance in a variety of projects and matters involving land and houses, including land ownership and house purchase or sale. In addition to assisting clients with the necessary procedures with the Vietnamese authorities, our professionals are able to provide clients with guidance regarding the possibilities and risks associated with Vietnamese real estate and housing laws.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

 

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New Conditions on Real Estate Purchase and Sale in Vietnam

New Conditions on Real Estate Purchase and Sale in Vietnam

The activities of real estate businesses have a significant impact on socio-economic development. As a result, the government has issued Decree 02/2022/ND-CP (the "Decree") detailing the implementation of a number of articles of the Law on Real Estate Business in order to promptly amend and supplement inadequate regulations to be consistent with reality in order to ensure the legal framework for the current real estate business activities. where the terms for the transfer of lease-purchase, purchase-sale, and construction-related contracts are mentioned.

Although there are no regulations regarding the transfer of contracts for the sale of non-residential real estate that will not be formed in the future, there is a high demand on the market for the transfer of purchase and sale contracts, lease-purchase of houses, real estate, and construction works. Consequently, there is no lawful premise to complete these exchanges as a general rule. As a result, Decree 02/2022/ND-CP has undergone a number of modifications and additions, has overcome some limitations compared to the past, and is anticipated to address deficiencies and issues.

As a result, Decree 02/2022/ND-CP combines specific regulations with conditions for the transfer of contracts for the purchase and sale of future homes and lease-purchase contracts for existing homes and construction projects.

First, a legally binding purchase and sale or lease purchase contract is required for the transfer of the contract. Therefore, these contracts must ensure that each transferred real estate object complies with the terms of the transfer agreement form, whether it's a Contract for Sale, Purchase, Lease, and Purchase of an Apartment, Tourist Apartments (Condotel), Office Apartments with Accommodation (Officetel), etc. Also, the signed contract must be present in cases where the parties signed it before Decree 02/2022/ND-CP went into effect. As a result, parties should ensure the legality of their respective contracts in terms of form and date of establishment when transferring these kinds of contracts.

Second, the transfer contract must be in the category that has not yet submitted a request to a competent state agency for the issuance of a certificate of ownership of houses and other land-attached assets, as well as land use rights. This arrangement has been referenced in the past guidelines for the exchange of land contracts shaped from now on. This has remained a necessary regulation up until this point in order to eliminate the possibility of a real estate bearing two or more certificates for the same object and prevent the handling of licensing procedures from overlapping.

Thirdly, there must be no disputes or lawsuits in the contract of sale, purchase, lease-purchase, and construction work. As a result, the disputed contract will not be utilized for transfer. The prohibition against transferring property rights to the disputed property is in line with this provision. Therefore, in order for the parties to have a foundation for the transfer of the contract, they must first settle the dispute. Real estate dispute lawyers in Vietnam must be consulted for appropriate dispute resolution in many complex cases.

Fourthly, houses and development works that are the subject of procurement and deal or rent buy contracts should not be dependent upon distraint or home loan to get the presentation of commitments as recommended by regulation. As of late, the peculiarity of moving these agreements has expanded with genuinely disregarded the arrangements of the law, making it hard for pertinent equipped power to deal with, in any case making harms the transferee without grasping the legitimate issues for the transferor in the agreement. Nonetheless, with the rule of regarding the understanding of the gatherings, the law actually permits the task of the agreement for this situation in the event that the mortgagee concurs and this assent should be recorded explicitly to keep away from questions later.

It is evident that the highlight of Decree 02/2022/ND-CP has initially resolved the deficiencies in the transfer contract for office apartments (Officetel) and tourist apartments (Condotel), providing the relevant competent authority with a legal foundation on which to handle the requirements. Additionally, Decree 02/2022/ND-CP has contributed to the development of a more transparent mechanism that enables participants to actively comply with regulations on effective real estate business contracts, thereby reducing contract disputes in Vietnam and fostering a safer and more long-term real estate market there.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

 

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Setting up Company in Vietnam and Comply

Setting up Company in Vietnam and Comply: Quick Tips for Foreigners

A foreigner moving to a country like Vietnam with business opportunities is attempting to start a business and seize the opportunity. After settling in, the entrepreneur might wonder, "How difficult it is to set up company in Vietnam or how challenging the business environment in Vietnam is for operating and doing business when dealing with administrative procedures from registering investment, setting up the company, complying with periodic reporting and tax declarations?"

As a spot with an ideal topographical position and copious work assets, and developing purchaser market, Vietnam is progressively growing emphatically, turning into a nation drawing in worldwide venture among Southeast Asia nations. Foreign investors must conduct research on Vietnam's policies, investment incentives, legal requirements, and the process and procedures for establishing a business in order to carry out effective investment activities. If international investors are considering investing in Vietnam, this will provide some quick advice on the fundamental factors they should take into account.

An individual or an organization established under foreign law could register investments and conduct business activities in Vietnam. Foreign investors are permitted to participate in any legal business, but in order to register an investment, they must meet certain industry requirements. There are a few areas in Vietnam where foreign investors cannot do business due to national security concerns or the state's monopoly.

An investor who wants to start a business in Vietnam must get a certificate of investment registration from an authorization agency, according to Vietnam law. The Investment Registration Certificate (IRC) will typically be issued within 15 days of receiving a valid dossier for an investment project. Be that as it may, it means a lot to work in the ideal opportunity for setting up the legitimate records for example application, monetary report, bank balance, individual archives and large numbers of such records require apostille, or authentication and legitimization and interpretation into Vietnamese prior to being submitted.

Except for conditional investments and business lines, Vietnam law does not mandate a minimum capital requirement for starting a business. Yet, financial backers are obliged to contribute capital as per the timetable expressed in the IRC and that the public authority has the privilege to demand the financial backer to make sense of the strategy agreeable to them in light of the proposed speculation capital. In the event that the financial backer can't contribute sufficient capital as per the serious time limit, the skilled authority might apply sanctions, including denial of the IRC or the financial backer needs to change the IRC to mirror the real commitment of venture. Once having the IRC, the financial backer then solicitation to get Endeavor Enlistment Endorsement (IRC) which requires 5 days from the date of accommodation of legitimate dossier for business foundation to finish the business setting up process.

Now that the company has established itself in Vietnam, it can officially sign a lease agreement, hire staff, and engage in business transactions to purchase or sell goods or services. The documents must be signed and sealed to be legally binding.

Then the question is how to have a seal?

When an organization was managed by the Public Security authority, it was more difficult to have a seal created for it after it was established. Legislators and business experts have been discussing the possibility of completely removing the seal from legal documents in Vietnam because the signature of the legal representative is the most crucial element. The law governing the issuance of seals has become less strict over time. However, in Vietnam, the seal is still very important because it shows the official notice, such as the decision by the business's legal representative to end a labor contract, along with the signature of the representative. or on the other hand a conspicuous endorsement of a substance to an exchange it enters to enlist a development organization for building a plant. Contingent upon the terms in the organization's contract, the financial backer has the privilege to make more than one seal to utilize. Before using, altering, destroying, or altering the number of seals, the company must send a notice to the business registration office where its head office is located for publication on the National Business Registration Portal. The day the notification process is completed and the seal sample is uploaded to the National Business Registration Portal for verification, the seal can be used.

During the activity of the business in the wake of being begun, the financial backer requirements to focus on charge commitments, which is vital in many purviews besides in charge paradise nations. However, Vietnam is not included on the exemption list. Every business is required to provide a tax declaration. Consistently, the business should pay various charges and expenses, for example, permit charges (in view of enlisted sanction capital); When a company earns a profit, it must pay Corporate Income Tax (CIT); announce and cover Worth Added Expense (Tank) for sold labor and products, for individual proclaim and settle Individual Annual Duty (PIT), or at times send out assessment and import charge, charge on lands.

The investment project reporting regime must also be fully adhered to by foreign investors in accordance with the law. These reports will be issued on a regular basis (monthly, quarterly, or annually) regarding topics such as: carried out venture capital, business speculation results, data on work, utilized unfamiliar laborers, investigates natural insurance… Agreeing with the execution of expense installment commitments and intermittently answering to guarantee ideal execution as endorsed will assist the organization with staying away from superfluous dangers, for example, managerial authorizations, business suspension, punishments that could affect the business.

ANT Lawyers – a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to investment registration or doing business in Vietnam.

 

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Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Foreigners are becoming increasingly interested in investing and purchasing real estate as a result of changes in the law that are attracting foreigners to live and invest in Vietnam. However, the law regarding real estate ownership and transactions is complicated, particularly for foreigners, given that real estate is a valuable asset.

In Vietnam, the entire population owns land, with the State acting as the owner's representative and managing the land uniformly. Therefore, land users will have the right to use the land in Vietnam without private ownership. Foreigners are prohibited from owning land use rights in Vietnam under the Land Law of 2013. It only permits businesses with foreign investments to use land through leases or allocations.

According to the Law on Housing, foreigners are permitted to own homes in Vietnam even though they do not have rights to use land. Furthermore, the Law on Land Business has specific impediments for unfamiliar financial backers to direct land business in Vietnam and should meet the legitimate necessities.

To minimize risks, foreign investors investing in Vietnam who intend to use the land for business purposes, conduct real estate business in Vietnam, or simply purchase and own real estate in Vietnam should be aware of the legal provisions governing the conditions of implementation, orders, and procedures. In Vietnam, the assistance of real estate dispute lawyers will be valuable.

In Vietnam, real estate lawyers would be well-versed in the Land Law, Housing Law, Real Estate Law, and related regulations. In addition, they would have practical experience supporting real estate transactions, resolving disputes, and carrying out legal procedures in Vietnam. The real estate dispute lawyers in Vietnam could talk about the conditions for doing business in real estate and the restrictions on foreign organizations and individuals' land use rights in Vietnam. In order to better work with state agencies to obtain land use rights for businesses and individual home ownership rights, the foreigners could benefit from the assistance of lawyers upon request.

Real estate lawyers may also offer assistance with legal due diligence of the real estate in order to reduce clients' legal risk when carrying out real estate-related transactions like buying, selling, transferring, renting, and leasing. Before the developer and the people who are eligible to enter into the transaction, it is essential to evaluate the property's legal status, the owner, and whether the property is the subject of a dispute or additional government requirements. Likewise, the lawyers in Vietnam can encourage clients to draft or survey the arrangements, deal as well as the cycle to authorize the interaction to consent to the law in Vietnam.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

 

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How Probation is Regulated in Vietnam Labor Code?

How Probation is Regulated in Vietnam Labor Code?

An agreement between an employee and employer for a probationary position for a predetermined amount of time in accordance with legal requirements is known as probation. Both the employer and the employee should go through a trial period before signing a labor contract to see if they can work together in the long run. The Labor Code and other relevant guidelines should be followed during the probation. The Labor Code 2019 comes into force as of January first, 2020, various new guidelines likewise are given in association with the probation, which each organization ought to audit the matter with labour dispute lawyers in Vietnam for compliance.

Concerning conditions which are allowed to go into a trial contract, this agreement isn't material to the work term which is under multi month. The Labor Code 2012 doesn't need that the trial arrangement should be specified in the work contract. As a result, an employer and employee may negotiate the probation, as well as their respective rights and responsibilities during the probation period. If the parties are in agreement about the probation, they can sign a probation contract. The employer is required to sign an employment contract with the employee if the probation work meets the requirements. It is clear from these provisions that a separate probationary contract between the employer and employee is required.

When the probation period is over and the employee satisfies the employer's recruitment requirements, the labor contract should be signed. Employer and employee may agree on a separate probationary contract or the probation that is outlined in the labor contract, as per the most recent provisions of the Labor Code for 2019. If the labor contract includes a probationary period, the employer is obligated to continue carrying out the current agreement once the employee has met all of the requirements. In that case, a new labor contract must be signed.

Based on the nature and complexity of the job, the Labor Code decided how long the probation period had to be. For positions requiring a college degree or higher, the probationary period was previously limited to no more than 60 days. Currently, executives can extend their probationary period by up to 180 days. The owner of a sole proprietorship, the partner of a partnership company, the chairperson or member of the Board of Members, the President of a company, the President or member of the Board of Directors, the Director/General Director, or the holder of another managerial position prescribed in the company's charter (applicable to the enterprise without state capital) are examples of executives who play a significant part in the business and operation of the businesses.

Another amendment to the cancellation of the probationary contract, the Labor Code 2019 removed the limitation of the right to cancel. Accordingly, during the probationary period, each party has the right to cancel the probationary contract or labor contract entered into without prior notice and compensation. On the contrary, the employee and the employer may cancel the probation if the probationary job does not meet the requirements that the parties have agreed upon under the Labor Code 2012.

The primary purpose of probationary periods is to determine whether an employee and employer are compatible at the outset of an employment relationship. To avoid a potential dispute in Vietnam, businesses as employers must have a clear understanding of the principles of entering into a labor contract and a probationary contract.

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What Are Real Estate Issues During Transaction?

The buyer and seller would neglect to use lawyers until real estate dispute lawyers in Vietnam are needed.

The real estate market is generally an appealing business sector with an enormous wellspring of possible speculative benefits for financial backers. Since the land exchange is in every case high in worth, and purchasing a property for the vast majority is consistently a day-to-day existence time significant choice, and ordinarily with the monetary help from the bank, consequently in the created country, real estate dispute attorneys are constantly associated with all means of the exchange to guarantee the genuine exchange of the property. Real estate dispute lawyers in Vietnam will then be referred to for guidance and representation whenever a dispute arises.

Disputes arising from the sales and purchase agreement and deposit agreement in Vietnam

In point of fact, the majority of real estate transactions in Vietnam are carried out by the buyers and sellers themselves without the assistance of real estate attorneys. As a result, numerous disputes arise as a result of these transactions regarding the property deposit agreement, the property sales and purchase agreement between the buyer and the real estate developer for a new property, or the agreement between the buyer and the previous owner for a resale property.

Since residential property is one of the most frequently traded types of real estate, it is important to ensure that the conditions for property transfer are met before participating in property-related transactions. For a transfer to be successful, the related parties must adhere to and fulfill the aforementioned conditions.

Conditions for the property to be transferred: free from claim or dispute from other parties

The fundamental elements of the property transfer transaction include the following: The transferred property is not the subject of a claim, complaint, or ownership dispute; In the case of property owners with a specific term, the transferred property must be within the ownership period; The transferred property is not restricted for the purposes of judgment enforcement or compliance with administrative decisions made by competent state agencies that are legally effective; A decision on land recovery or a notice of house clearance or demolition from a competent agency is not required for the transferred property.

The property transferor must fulfill the following requirements for the parties to the property transaction:

Seller of the property has the right to sell or not?

The person or entity permitted or authorized by the owner to carry out the transaction on property in accordance with the provisions of the law is the transferor;

The person who bought the house from the investor or the person who has received the transfer of the house purchase and sale contract is the transferor in the case of a commercial house purchase and sale contract.

In accordance with civil law, the transferor must be an individual with full civil act capacity to conduct housing transactions;

Unless the organization donates a home out of gratitude or charity, the transferor must have legal status if it is an organization.

Can the buyer meet conditions to buy the property?

At the same time, the transferee shall also meet the conditions, specifically including the following conditions:

It is not necessary for the transferee to have a permanent residence registration in the location where the transferred housing is located; instead, as long as the transferee is a domestic individual, they will have full civil act capacity to conduct property transactions in accordance with civil law.

Under Vietnam law, the transferee must have full civil capacity to conduct housing transactions if they are a foreigner or an overseas Vietnamese. In addition, according to Vietnamese law, this individual must be eligible to own homes, and neither temporary nor permanent residence registrations are required at the location where the transferred housing is located;

Assuming the transferee is an association, it will have lawful status and not rely upon the business environment enlistment and foundation; on the off chance that it is an unfamiliar association, it should be qualified to claim a house in Vietnam as per the arrangements of regulation; assuming that the association is approved to figure out how to house, it should have the capability of giving land benefits and be working in Vietnam under the law on land business.

What are potential disputes during the property transaction?

There are also disputes arisen from situations in particular:

One of the parties would like to exit the transaction if the property's market price rises or falls during the transaction.

The deals and acquisition of property is finished and enrolled at the authority yet the merchant keep on living there won't surrender the property for certain purposes behind some obscure time.

When compared to the property details outlined in the sales and purchase agreement, the developer may alter the property's design.

The property's quality does not meet the terms of the sales and purchase agreement.

Additionally, when entering into a property transaction, one may need to pay close attention to fraudulent acts in the sale and purchase of property.

How real estate dispute lawyers in Vietnam could help?

As said, there are what is happening that question could emerge in a real estate transaction. It is essential to connect law firm spend significant time in land exchange for trading property in Vietnam to stay away from expected debates and safeguard their wellbeing for dealer and defend venture for purchaser. In the event of a dispute, real estate dispute lawyers in Vietnam should be hired by the buyer or seller.

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