Validity of faxed or pdf-emailed documents
A faxed or a pdf-emailed documents could be considered as a written document and an original document under the Law on E-transactions 2005 subject to certain qualifications. This is because:
Vietnam Business Law is a website managed by lawyers of Venture North Law Limited (VNLaw). Venture North Law Limited (VNLaw) is a Vietnamese commercial law firm. We won the Rising Law Firm of the Year Award at the Southeast Asia Law Awards for the years 2020 and 2021 held by The Legal 500. Very few Vietnamese law firms have achieved a similar regional recognition.
A faxed or a pdf-emailed documents could be considered as a written document and an original document under the Law on E-transactions 2005 subject to certain qualifications. This is because:
The Civil Code 2015 will take effect from 1 January 2015 and will likely to have material changes to the Vietnamese legal framework. The Civil Code 2015 applies to relations between individuals and/or legal persons which are established on the basis of (1) equality, (2) freedom of choice, (3) having one’s own assets and (4) being liable for oneself (civil relations). This is a major change to the scope of application of the Civil Code 2005 which applies to civil relation, family and marriage, business, commercial and employment. There are a few issues arising from the changes:
Under the Bankruptcy Law 2014, technically, creditors of a bankrupt enterprise can complete procedures to liquidate the bankrupt enterprise without cooperation of the bankrupt enterprise. However, there may be certain difficulties in doing so. These difficulties include, among other things:
A land user who leases land from the Government with annual payment is not allowed to lease houses and building attached to the land unless such land user registers for real estate business under the Law on Real Estate Business 2014. At first, it seems quite illogical to limit the owner of an asset to lease it while still allow such asset to be sold. However, this is the position under the current land regulations. In particular,