Consultation on the right to cancel an international sales contract under the CISG in case of non-conforming goods
Question: During the performance of a contract to purchase equipment from a company headquartered in South Korea, I discovered that the delivered goods did not meet the quality specifications described in the contract. Specifically, the joints failed to meet technical standards, causing the crane to collapse after a period of use and resulting in damages […]
Consultation on division of property upon divorce
Question: Before marriage, my father gave me a car registered under my name. During the marriage, since I did not use the car, I leased it out and generated income from the lease. Now, upon divorce, my husband is requesting a share of the rental income. May I ask whether this request is legally recognized? […]
AGREEMENT ON THE DIVISION OF MARITAL PROPERTY DURING MARRIAGE
Question: During our marriage, my wife and I wish to establish an agreement to divide our marital property to facilitate more efficient management and use. I would like to ask whether, under the law, this agreement is required to be notarized. Answer: 1. Notarization Regulations for Agreements on the Division of Marital Property During Marriage […]
Consultation on bank loans secured by valuable papers
Question: Our company plans to borrow capital from the Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV) to invest in production and business. To secure the loan, the company intends to pledge all shares of the Vietnam Aircraft Leasing Joint Stock Company – an affiliated company of the Joint Stock Commercial Bank […]
Consultation on the dismissal of an employee due to poor work performance
Question: Our company has signed a labor contract with Mr. X. During the course of work, we found that Mr. X had low work performance. May we ask whether the company can dismiss Mr. X ? Answer: According to the provisions of Point a, Clause 1, Article 36 of the 2019 Labor Code, the employer […]
Regulations on Salary, Bonuses, Allowances, and Collective Labor Agreements – Are They Mandatory for Busines
Question: Our company is wondering whether it is mandatory to issue regulations on salary, bonus, allowances, and the Collective Labor Agreement (CLA). If we do not implement these regulations, what legal risks might we face? Answer: Collective Labor Agreement (CLA) – Is It a Mandatory Document? According to Clause 1, Article 75 of the 2019 […]
REPORTING OBLIGATIONS FOR ENTERPRISES' FOREIGN LOANS
Ask: Our company has a loan from our parent company abroad. Are we required to submit any reports and if so, how should we comply with this requirement? Answer According on the information you provided, if your company has a loan from its overseas parent company, it must comply with the reporting requirements as stipulated […]
Legal Consultation on the Authority to Decide Termination of a Labor Contract
Question: Our company intends to terminate the labor contract with an employee. Who has the authority to issue the decision on termination of such contract?. Answer Pursuant to Clause 2 Article 3 of the Labor Code 2019, "An employer means an enterprise, agency, organization, cooperative, household, or individual that hires or employs a worker under […]
Consultation on Termination of an Indefinite-term Labor Contract by Mutual Agreement
Question: Our company has an employee under an indefinite-term labor contract. The employee has now submitted a resignation. According to the law, the employee must give at least 45 days’ prior notice. However, in practice, both the company and the employee wish to terminate the contract immediately, without waiting for 45 days. Is this lawful? […]