Civil - Marriage and Family

RESOLUTION NO. 66-NQ/TW OF THE POLITBURO AND RESOLUTION NO. 197/2025/QH15 OF THE NATIONAL ASSEMBLY: FROM STRATEGIC ORIENTATION TO SPECIAL MECHANISMS FOR REFORMING VIETNAM LEGISLATION AND IMPLEMENTATION

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On April 30, 2025, the Politburo of the Central Committee issued Resolution No. 66-NQ/TW on innovating law-making and law enforcement to meet the country's development demands in the new era (“Resolution 66”), marking a significant milestone in legal institutional reform. Resolution 66 sets forth a…

RESOLUTION NO. 198/2025/QH15: INSTITUTIONALIZING SPECIAL MECHANISMS TO DEVELOP THE PRIVATE ECONOMY BASED ON RESOLUTION NO. 68-NQ/TW

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Based on Resolution No. 68-NQ/TW of the Politburo on the development of the private economy (“Resolution 68”), on May 17, 2025, the National Assembly adopted Resolution No. 198/2025/QH15 on several special mechanisms and policies for the development of the private economy (“Resolution 198”). Accordingly,…

ATA'S PROPOSALS FOR AMENDING LEGAL DOCUMENTS IN ACCORDANCE WITH RESOLUTION NO. 68-NQ/TW ON PRIVATE ECONOMIC DEVELOPMENT

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On May 4, 2025, the Politburo issued Resolution No. 68-NQ/TW (“Resolution 68”) on private economic development. Resolution 68 includes many specific and groundbreaking contents, demonstrating the determination to build and develop the private economy in the current. As a law consulting firm with many…

DECREE 154/2024/ND-CP: ADDITIONAL OBLIGATION TO REGISTER RESIDENCE  FOR CHILDREN WITHIN 60 DAYS AFTER BIRTH REGISTRATION

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On November 26th, 2024, the Government issued the Decree No. 154/2024/NĐ-CP on guidelines for some articles of the Law on Residence (“Decree No. 154”) to replace Decree No. 62/2021/NĐ-CP (“Decree No. 62”). The Decree No. 154 supplements several regulations for the purpose of facilitating citizens' residence…

THE VALIDATION OF CONTRACTS FOR THE CONVEYANCE OF LAND USE RIGHTS WHICH WERE NOT NOTARIZED DUE TO VIOLATIONS OF PARCEL SUBDIVISION CONDITIONS

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On September 10, 2024, the Supreme People's Court of Vietnam issued Official Dispatch No. 163/TANDTC-PC ("Official Dispatch No. 163") providing guidance to the People's Courts on resolving certain judicial challenges. Notably, the letter includes new guidelines in the civil law area, such as: 1. The…

THE COURT STILL ACCEPTS AND RESOLVES DIVORCE CASES OF WHICH THE DEFENDANT'S ADDRESS IS UNKNOWN

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On May 16, 2024, the Council of Judges of the Supreme People's Court issued Resolution No. 01/2024/NQ-HDTP on instructions for applying a number of provisions of the Law on Marriage and Family issued by the Association. issued by the Council of Judges of the Supreme People's Court (“Resolution 01”).…

THE MORTGAGE AGREEMENT REMAINS VALID EVEN THOUGH ONE SPOUSE IS UNAWARE OF THE TRANSACTION

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On October 3, 2023, the Supreme People's Court issued Official Letter 196/TANDTC-PC answering some questions in the judicial work of the People's Courts. According to ATA, Official Dispatch 196 provides many new guidelines in applying the law and has high value in practice. Here, ATA will update important…

ANY USE AND PROCESSING OF PERSONAL DATA MUST OBTAIN THE CONSENT OF THE DATA OWNER

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In the context of digital technology, electronic transactions are on the throne, our information, images, personal data more than ever, are always likely to be used and exploited for purposes that are inconsistent with our needs, leading to serious consequences. Therefore, the protection of personal…

LIABILITY FOR NON-CONTRACTUAL DAMAGES ARISES EVEN WHEN THE DAMAGING ACT IS NOT A VIOLATION OF LAW AND THE PERSON PERFORMING THE ACT IS NOT AT FAULT

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Previously, the adjudication of cases related to non-contractual compensation was carried out under the guidance of the Council of Judges of the Supreme People's Court in Resolution 03/2006/NQ-HDTP ("Resolution 03"). However, given the adoption of the 2015 Civil Code, many contents in Resolution 03…

SUCCESSFUL MEDIATION RECOGNITION MINUTES CANNOT REPLACE AMICABLE DIVORCE RECOGNITION DECISION

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On December 27, 2022, the Supreme People's Court issued Documentary No. 206/TANDTC-PC ("Documentary 206") to the People's Courts, Military Courts and agencies under the Supreme People's Court for announcing the responses to some entanglements in the trial work of the Judges’ Council of the Supreme People's…

NEW PROVISIONS ON REGISTRATION OF SECURITY INTERESTS IN INVESTMENT PROJECTS AND ASSETS TO BE FORMED IN THE FUTURE

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On November 30, 2022, the Government issued Decree 99/2022/ND-CP ("Decree 99") on registration of security interests, replacing Decree 102/2017/ND-CP regulating the same issues. Decree 99 set out various new contents (which were previously updated here by ATA Legal Services), in which, prominenence…

NEW REGULATIONS ON REGISTRATION OF SECURED TRANSACTIONS

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On November 30, 2022, the Government issued Decree No. 99/2022/ND-CP on registration of security interests (“Decree 99”), replacing Decree No. 102/2017/ND-CP (“Decree 102”) dated September 1, 2017. Decree 99 has some notable amendments and supplementations as follows: Supplement subjects of security…

THE MINISTRY OF JUSTICE HAS ANNOUNCED NEW ADMINISTRATIVE PROCEDURES RELATED TO CIVIL STATUS

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On November 14, 2022, the Ministry of Justice issued Decision No. 2228/QD-BTP (“Decision 2228”) on the announcement of new and adjusted administrative procedures to be carried out at civil status registration offices under the management of the Ministry of Justice. Basically, the settlement of administrative…

A CASE ON CHILD CUSTODY DISPUTE WHERE THE MOTHER SHALL NOT BE ENTITLED TO HAVE CUSTODY RIGHT OF HER UNDER-36-MONTH CHILD

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On October 14, 2022, the Chief Justice of the Supreme People’s Court issued Decision No.323/QD-CA on the publication of 04 case laws. In particular, in the field of marriage and family, there is Case Law No. 54/2022/AL determining custody of children under 36 months old in cases where the mother did…

REGULATIONS ON LATE RETIREMENT OF CADRES AND CIVIL SERVANTS

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According to Article 169.2 of the 2019 Labor Code: "Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females by 2035". However, for some cadres and civil servants holding managerial positions, the retirement age will be higher…