Sharing of expertise
Câu hỏi 171. Mức đóng đoàn phí công đoàn đối với NLĐ là công đoàn viên là bao nhiêu? Vi phạm quy định về nộp đoàn phí công đoàn sẽ bị xử lý như thế nào? Có trường hợp nào được miễn, giảm đóng đoàn phí công đoàn không?
1.Mức đóng đoàn phí công đoàn đối với NLĐ là công đoàn viên 1.1 Mức đóng đoàn phí công đoàn NLĐ là công đoàn viên phải đóng đoàn phí công đoàn khi CĐCS tại nơi làm việc của NLĐ đã được thành lập. Mức đóng đoàn phí công đoàn đối với NLĐ là công đoàn…
Personal Data Protection of Employee – Notice for Enterprise
Nguyen Huu Phuoc Esq. – Phuoc & Partners Law Company Limited In the context of the rocketing integration of Vietnam into the economy of the developing countries through free trade agreements signed and taken into effect in the recent time with regard to Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Free Trade Agreement (FTA)…
Question 115: In a divorce case, which case could lead to an on-the-spot appraisal request to the Court? Does the appraisal require prior notice? Who needs to be present during the appraisal? Does the performance of the on-the-spot appraisal need to be recorded in writting? Who shall be responsible for the appraisal expenses related (for example, the costs of measurement, locating, characteristics, nature, status of damage, the remaining percentage of the properties)?
On-the-spot appraisal is a method conducted by the Judge in charge to gather documents and evidence when necessary. It can be used either at the request of the spouses or at the initiative of the assigned Judge according to the order prescribed by law. When performing the on-the-spot appraisal, the Judge shall go to the…
Question 114: In a divorce case, in which circumstance a spouse has the right to request the Court for a health or axit deoxyribonucleic (ADN) assessment of the other spouse?
Expertise solicitor means that the Court or procedure conducting person issues decisions on expertises. Meanwhile, requesting an expertise means that the right of the spouses to resort to an organisation or an individual to conduct the expertise will be rejected according to Article 102 of the Civil Proceedings Code 2015. In the context of medical…
Question 113: In the event that the Court accepts the request of a spouse for an expertise, who shall bear the expenses of the expertise. Do the expenses depend on the result of the divorce case?
Examination means the study of things, health status, physical characteristics and so on, undertaken by an individual (or an organisation) with the knowledge and professional competence at the request of the Court or the spouses. The expenses of examination are the amount of money due for the examination to be undertaken by an individual(s) or…
Question 112: In a divorce case where one of the spouses is disabled (a dumb), shall a person knowing the dumb’s script, language and signs be required under the law? Who shall bear the expense to be paid to such a person? Who is legally entitled to select the person with knowledge of the dumb’s script, language, and signs? Can either spouse changes the person knowing the dumb’s script, language, and signs?
In a divorce case where one of the spouses is disabled (a dumb), shall a person knowing the dumb’s script, language and signs be required under the law? According to the Civil Proceedings Law, in principle any spoken or written language shall be presented in Vietnamese. Therefore, the interpreter will not only be involved in…
Question 111: In a divorce case involving foreign element such as husband or wife being a foreigner who can communicate in Vietnamese, is an interpreter required under the law? Who shall bear the expenses of the interpreter? Who shall be entitled to select (the) interpreter? Can either spouse change his or her interpreter?
In a divorce case involving foreign element such as husband or wife being a foreigner who can communicate in Vietnamese, is an interpreter required under the Vietnamese law? According to the current Civil Proceedings Law, the written and spoken language used during the resolution of a civil case shall be Vietnamese. The people participating in…
Question 110: In a divorce case, if being requested to testify, but the witnesses have to pay expenses (such as train fares, car rent, accommodation and living expenses), who will have to bear these expenses?
The summoning of witnesses at the trial or the collection of their testimony in divorce cases is crucial to clarify the truth about the case. And of course, the witness’ participation in the process of resolving the case will give rise to related costs, such as travel and accommodation expenses and any fee due to…
Question 109: Under what circumstances are witnesses in a divorce case entitled to refuse to declare at the Court request?
In principle, witnesses must declare truthfully and in all respects all the facts they are aware of about the case as well as provide all information, documents and objects they retain which are related the resolution of the divorce. However, in some cases, to ensure the legitimate interests of witnesses as well as that of…
Question 108: In a divorce case, if a witness is required by the Court to attend the trial but that there is a proper reason for him or her not to attend (for example, he or she is attending a long term business trip, studying abroad in a foreign country, is receiving medical treatment or taking care of sick relatives, or living far away from the Court) can he or she not participate in the trial?
Under the law, witnesses are obliged to be present at the trial if summoned by the Court. If they fail to attend, the Court may decide to have the witness escorted to the trial. In this case, the witnesses will be forced to be escorted to the trial by the police regardless of their will….