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Showing posts from December, 2017

Things that you need to know before entering into a real property sale contract

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Sale and purchase of real property is defined as a high-value transaction that poses a number of potential risks, especially to the buyer. This, however, does not mean that the seller is free from risks. Let’s remember the previous case in which a house was sold at the price of VND 58 billion to the seller who then resold it at the price of VND 28 billion and earned the profit of more than VND 10 billion.    Since the buyer is usually exposed to a lot of risks, this article will focus on provide necessary things of a real property sale contract that the buyer needs to know: The real property sale contract is a written document on transaction that is of legal importance to establish the buyer's right of ownership of residential real property, and may vary in terms of its representation of contractual terms and conditions, depending on the type of residential real property. With respect to existing townhouses - The right of ownership has been recognized on the Certif...

Summary of new points of Laws into force on January 1, 2018

From January 1, 2018 11 Laws comprising the following main points will take effect, including: 1. The 2015 Criminal Code Bộ luật hình sự 2015 2. The 2017 amended Criminal Code Luật sửa đổi Bộ luật hình sự 2017 Issuing a document on consolidation of latest Criminal Code . Văn bản hợp nhất Bộ luật hình sự mới nhất Disclosing noticeable facts and figures in the latest Criminal Code . 3. The 2015 Law on Organization of Criminal Investigation Bodies Luật tổ chức cơ quan điều tra hình sự 2015 5 prohibited acts of an investigator include: - Performing prohibited acts of public officers, public employees, or officers and soldiers of people's armed forces, which are prescribed by laws. - Giving an arrestee, person temporarily held captive, accused person, defendant, interested person, or other person involved in proceedings, any advice that makes cases or matters handled in breach of laws.  - Interfering in handling of cases or matters, or abusing his/her influence ove...

Members of the Communist Party will be expelled for 21 following discipline violations from November 15, 2017

1. Deliberately saying or writing things to distort the history or truth, or defy leadership roles and revolutionary achievements of the Communist Party and the people.    (Cố ý nói, viết có nội dung xuyên tạc lịch sử, xuyên tạc sự thật, phủ nhận vai trò lãnh đạo và thành quả cách mạng của Đảng và dân tộc.) 2. Opposing and negating Marxism-Leninism, Ho Chi Minh ideology, democratic centralism principle, socialist democracy, socialist law-bound State, socialist-oriented market economy, demanding "separation of powers", "civil society” and “pluralism”. (Phản bác, phủ nhận chủ nghĩa Mác Lê nin, tư tưởng Hồ Chí Minh, nguyên tắc tập trung dân chủ, nền dân chủ XHCN, nhà nước pháp quyền XHCN, nền kinh tế thị trường định hướng XHCN và đòi thực hiện thể chế “tam quyền phân lập”, “xã hội dân sự”, “đa nguyên, đa đảng”) 3. Willfully spreading misleading and distorted information about viewpoints and policies of the Communist Party and the State; defaming leaders of the Communi...

Certain misinterpretations about the connection between the household registration book, the right of land occupancy and the right of succession

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From the past till now, there have been a lot of people who are confused about the connection between the household registration book, land use right and succession right. This is the reason why a lot of people strongly criticize the intention to enter names of household members in the red book because they mistakenly assume that appearance of their names in the household registration book will assure them a place in the red book.  This false assumption represents a terrible misinterpretation that existed over a long period of time and can become even more serious if you are a local civil officer or cadastral surveyor. Such misinterpretation leads to a number of different complicated documents and procedures that people are required to follow in case of registration of transfer of the land use right or division of estate, and other formalities relating to the right of land occupancy and the right of succession.    To make it right, I can reassert that the househo...

Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part III)

>>> Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part I) 41. Dong Thap Urban zone: - House lot: The permissible minimum area for splitting is 40 m2. - Vacant lot: The permissible minimum area for splitting is 70 m2. Rural zone: - House lot: The permissible minimum area for splitting is 60 m2. - Vacant lot: The permissible minimum area for splitting is 80 m2. Notwithstanding the aforesaid regulations, the minimum length of each side from the setback line must be 3.0m. With respect to zones having the approved detailed plan of 1/500 scale, the minimum area of the lot shall be subject to such plan. Splitting of the non-agricultural lot (not residential land) shall require submission of an investment project appropriate to the development plan approved by a competent authority.    In this case, the permissible minimum area for splitting shall be 200 m2, irrespective of whet...

Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part II)

>>>  Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part III) 21. Nam Dinh Legal base: Decision No. 23/2014/QD-UBND No. Zone Permissible minimum area (m 2 ) Permissible minimum frontage width (m) Permissible depth from road boundary lines (m) I Zone I: 1 Land lot located inside Nam Dinh city or a townlet: 1.1 Land lot is a constituent of the street 30 3.0 5.0 1.2 Land lot is single or detached 45 4.5 5.0 2 Land lot located within urban planning zones: 2.1 Land lot located on the street of which the elevation width between its two boundary lines is less than 20 m 36 4.0 5.0 2.2 Land lot located on the street of which the elevation width between its two b...