-Introduction about the right to buy houses in Vietnam of Vietnamese residing overseas. Guidelines for procedures to apply for granting of the Certificate of House ownership to Vietnamese residing overseas under the Law on Housing No. 56/2005/QH11 of the National Assembly of the Socialist Republic of Vietnam dated 29/11/2005.

-Regulations on the right to establish branches and representative offices of foreign organisations and individuals under the Law on Enterprises No.60/2005/QH11 of the National Assembly of the Socialist Republic of Vietnam dated 29/11/2005, Decree No. 88/2006/ND-CP of the Government dated 29/08/2006 providing guidelines for implementation of the Law on Enterprises 2005 on business registration, and Decree No. 72/2006/ND-CP of the Government dated 25/7/2006 providing in detail the Law on Commerce on representative offices and branches of foreign merchants in Vietnam.

Brand’s Personality

…Individuals or institutions wishing to create the ego or characters of themselves or of their brand shall need to behave beyond common acts. These differences are created by the ‘personality’ or ‘dignity’ of law applicants. In other words, the self-commitment of an airlines corporation for special support during transportation, in this circumstance, shall be an evidence for its ‘personality’ and ‘dignity’

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http://www.sgtt.com.vn/web/tintuc/default.aspx?cat_id=0&news_id=25899

An Article of Nguyen Hung Quang on Sai Gon Tiep Thi Journal on 30/8/2007

When stocks are gifts from VIPs

In recent days, the securities market has been warmed up then cooled down by stocks given, presented, or division of assets in stocks by VIPs in big companies. Market price of securities issued by such companies has been severely affected with wonder and doubt raised against such transactions’ authenticity…

http://www.sgtt.com.vn/web/tintuc/default.aspx?cat_id=0&news_id=26134

An Article of Nguyen Hung Quang on Sai Gon Tiep Thi Journal on 06/09/2007

Unconfident due to weak position

It has been suggested by the Ministry of Justice and some organisations that Vietnamese lawyers need to be sent for abroad training in order to help to consult enterprises not be be petitioned for anti-dumping. I myself think that it is a wrong approach. On principle, a solicitor of one nation shall practice within his/her territory and is required to have thorough knowledge about the laws of such country for his practitioning. Vietnamese lawyers being trained in the USA will only be able to support American lawyers in litigations, to advice Vietnamese enterprises working with American lawyers, or to provide consultancy on American law system relating to a particular petition. They can never replace the host lawyers.

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http://www.vnlawfind.com.vn/default.aspx?tabid=170&ID=4421&CateID

Mr. Nguyen Hung Quang in an interview with reporters of Vietnam Investment Review, Volume

“Rending the fence” and NA delegates’ role

The feudalism, where the people’s voice was not reflected in central regulations or local features were not respected by the central governance machanism, passed by long long time ago. Presently, the National Assembly, the legislative body of Vietnam, has included the representatives from all localities. “NA delegates have the right to submit law projects or proposal to the NA, ordinance project to the Standing Committee of the NA” (Article 48 – the Law on Organisation of the National Assembly). Therefore, in case a local authority and their people recognise that a central law is not suitable for the region, they could submit an appropriate project for law amendment via their representative at the NA. In additions, upon considering law projects, NA delegates should also take into account their own locality’s features to express them in the law.

http://www.vnlawfind.com.vn/default.aspx?tabid=170&ID=3821&CateID=68

An article of Nguyen Hung Quang LLB on Vnlawfind on 11/10/2006.

Making a rumour for “a bomb on the plane” – need a strict and clear treatment

There is a type of joke which is rather popular in present Vietnamese society, but this way of joke can rarely be seen in countries with developed education and civilisation. That is making joke by irritating or provoking others. This joke only brings joys to the maker or some followers, but the bearer (the irritated) usually feels unhappy, uncomfortable, or even irritated. However, such reaction of the irritated still adds more to the joy of the joker and his followers. Joking in this way only satisfies the wide instinc of its maker, similarly to a leopard playing with its prey before eating. It also expresses the uneducation for being a human of such players.

http://www.vnlawfind.com.vn/default.aspx?tabid=170&ID=3619&CateID=68

An article of Nguyen Hung Quang LLB on Vnlawfind on 26/08/2006

Multi-Level Marketing: Difficult to be examined because of large number?

Despite the regulations for consumer interest protection and fair competition among producers and among distributors, there are still law gaps for multi-leveled business to dodge. And consumers are still misled and the participants of the selling systems abused.
Decree No.110/2005/ND-CP provides the legal mechanism on managing operation of this business mode in terms of State management bodies and responsibilities of enterprises. However, under the circumstance where State authorities are not allowed to intrude deeply into the operation of enterprises, the decree fails to cover the mechanism on self-management of the people on participating into this kind of business. Furthermore, there is a lack of an obligatory mechanism on legal dissemination inside enterprises. Policies on State support for legal dissemination about this field has not mentioned either.

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http://www.vnlawfind.com.vn/default.aspx?tabid=192&ID=3065&CateID=57

Nguyen Hung Quang, LL.B, Sai Gon Tiep thi Journal, Issue No. 09, 16/03/2006.

About winning an auction then rejecting the bid:

Once in the field, following the referee is a must

Recently, several auctions (such as the auction of the House at 163 Tran Hung Dao Street, District 10, HCM city; the auction of stocks of Construction Company No. 3 by Bao Viet stock company) have witnessed the winners reject their bids, leaving the chance for persons whose bids ranked second. Consequently, the owners of auctioned property suffered losses due to big difference between the first and second bids. Such owners then called for administrative or criminal measures to settle their problems, hoping that “dubious matters” in such rejection would be clarified.

In the context of constructing a Rule-of-law State, non-judicial and non-arbitratory interferences to civil disputes must be eradicated. When Vietnam gets WTO membership, Vietnamese enterprises shall no longer claim for the support from authorities as their lifebuoys but must accept the fair adjudication of arbitratory agencies. They should also equip themselves with legal background for self-protection. Moreover, in order to get the ticket to the playground with other fellows, they should be ready for loss due to lack of evidence, which is an essential and indispensable attitude for confidence.

By Mr. Nguyen Hung Quang, LL.B, Sai Gon Tiep thi Journal, Page 6 & 7.

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http://www.vnlawfind.com.vn/default.aspx?tabid=192&ID=3071

Fake burying of chickens and the problem of ruling as feud in localities.

“...In late 2005, local people at Dai Mach Commune, Dong Anh, Hanoi were tumulted with the story that the official officials of communal and hamlet authority had colluded with some households to bury straws, rice husk, etc.; created false number of dosmetic fowls to receive billions of compensation money. The case has now been brought to the court, but the lesson left is the liability of the local government. Where does this liability lie meanwhile great deals of hot cases could only be disposed during the last year upon intervention of the press and media, with the people’s unrecognition previously? It seems that, such petty stories, day by day, have eroded the people’s belief in the authority...

...It is easy to see that local authority is the part of government that is closest to the people. This is the direct image of State leaders expressed to the people. If any members of such mechanism “betray”, the people’s belief in the Party and the State will severely decline. To make the matter worse, the leadership of the Central authority to the people will become inconsistent. The problems of self-ruling, unsolidarity, internal contradictions, self-interest taking, and many more will highly increase, which slow down the development process of the whole society…"

(Click the link following for full Vietnamese article. Full English version to be provided upon request)

http://vietnamnet.vn/nhandinh/2006/01/531913/

Article of Nguyen Hung Quang, Solicitor, on Review and Judgment E-column of Vietnamnet, January 2006.