Question: What is the difference between a Memorandum of Understanding (MOU) and a Business Cooperation Contract (BCC)? Answer Although both an MOU and a BCC are commonly used in investment transactions, they serve different legal purposes. A Memorandum of Understanding (MOU) is not specifically recognized as a separate type of contract under Vietnamese law. Its […]

Question: What legal risks may arise if a property developer uses deposit funds received from customers to finance a real estate project? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, deposit funds are not intended […]

Question: Why can an amount described by the parties as a “deposit” still be regarded by the authorities as an advance payment or an unlawful capital-raising activity? Answer Under Article 328 of the Civil Code 2015, a deposit is a security measure intended to secure the conclusion or performance of a future contract. In principle, […]

Question: Does Vietnamese law prohibit a property developer from entering into a Deposit Agreement before a real estate project satisfies the legal conditions for commercial sale? Answer Vietnamese law does not expressly prohibit a property developer from entering into a Deposit Agreement before a project becomes eligible for commercial sale. Under Article 328 of the […]

 Question: Dear Lawyer, in the event that a deceased person does not leave a will, how will the estate be distributed? How is inheritance divided among statutory heirs? Answer: In the event that a person passes away without leaving a will, the estate shall be distributed in accordance with the rules of statutory inheritance under […]