Civil - Marriage and Family

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

31

mo.05

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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mo.10

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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mo.04

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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mo.01

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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mo.01

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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mo.12

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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mo.12

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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mo.11

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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mo.10

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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mo.10

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…

FROM 01/01/2023, WHAT SHOULD CITIZEN DO TO VERIFY RESIDENTIAL INFORMATION WITHOUT HAVING CITIZEN IDENTITY CARD WITH CHIP?

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mo.09

In accordance with the 2020 Law on Residence, residential information shall be integrated into the citizen identification card (“CIC”) with electronic chip, replacing family registers and temporary residence registers. Article 38.3 of the 2020 Law on Residence determined that family registers and temporary…

INDIVIDUALS AND ORGANIZATIONS CAN USE ELECTRONIC IDENTIFICATION ACCOUNTS AS THEIR CITIZEN IDENTIFICATIONS/ENTERPRISE REGISTRATION CERTIFICATES WHEN ENTERING INTO ELECTRONIC TRANSACTIONS

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mo.09

In order to implement the goal of establishing a national database on population and businesses of the State, on September 5, 2022, the Government issued Decree No. 59/2022/ND-CP (“Decree 59”) supplementing and concretizing regulations related to electronic identification and authentication in Decree…

IF THERE IS NO OTHER EVIDENCE, THE ORGANIZATION OR INDIVIDUAL WHOSE NAME PRESCRIBED IN THE ORIGINAL WORK WILL AUTOMATICALLY BE CONSIDERED AS THE AUTHOR

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mo.07

This is a principle for determining copyright in proceedings prescribed in the Law No. 07/2022/QH15 on the amendments and supplements of the Law on Intellectual Property dated June 16, 2022 (“Law 07”). This revised Law on Intellectual Property (“IP”) has a fairly wide scope, with more than 100 articles…