FAQ

1. Consulting on the division of inherited assets is the right to use reclaimed land without a Land Use Rights Certificate

Lawyer, I would like to ask that my parents passed away without leaving a will. The property left behind is a 9000 m2 garden plot, on which there is a level 4 house where my three sisters and I are living. The land was reclaimed by my parents in 1986 and does not have a red book. So I would like to ask if the land does not have a red book, can it be divided equally among the three sisters, each of whom gets 3000 m2 of land? And if so, what should I do?

First of all, Golden Dragon Law thanks you for your trust. Regarding your question, the Lawyer would like to answer you in detail as follows:

I. APPLICABLE LEGAL BASIS

1. Civil Code 2015 (amended and supplemented in 2017):
o Articles 609, 610, 611, 612, 613, 649–663 stipulate inheritance rights, time and place of inheritance opening, inheritance lines and division of estates.
o Articles 105, 158–163 stipulate property, ownership and other rights to property.
2. Land Law 2024 (effective January 1, 2025):
o Article 190: Rights of land users.
o Article 194: Conditions for exercising rights of land users (including inheritance rights).
o Article 210: Issuance of Certificates of land use rights and ownership of assets attached to land.

o Article 247: Issuance of Certificates for land used stably, without disputes, and without documents.

3. Law on Notarization 2024 (replacing the Law on Notarization 2014, effective January 1, 2025):
o Article 67: Documents required for notarization of documents declaring and dividing inheritance.
o Clause 2, Article 67: In case the inheritance is property that must be registered for ownership or right to use, there must be documents proving that right of the person leaving the inheritance.
o Articles 7 and 8: Legal value of notarized documents and scope of refusal to notarize.

II. LEGAL REVIEW

1. Regarding the conditions for inheritance of land use rights:
o According to Article 194 of the 2024 Land Law, land use rights can only be exercised (transferred, donated, inherited, etc.) when the land has a Certificate, is not in dispute, and is still in use.
o Therefore, land without a red book is not eligible for notarization or inheritance division.
2. Regarding the possibility of declaring inheritance at the notary office:
o According to Article 67 of the 2024 Notary Law, the notarized inheritance declaration file must have documents proving the ownership or legal right to use of the person leaving the inheritance.
o In the case of reclaimed land without a book, the notary office will refuse to notarize because there is no legal basis to determine that the deceased is the legal user of that plot of land.
3. Regarding legal solutions:

Step 1 - Appoint a representative to carry out procedures for granting a Land Use Right Certificate (LURC):
o Co-heirs (wife, children, living parents) agree to establish a "Agreement document appointing a representative to apply for a red book".
o Application for a certificate includes:
 Application for registration and issuance of LURC according to Form 04a/DK;
 Minutes of meeting, agreement of co-heirs;
 Documents proving stable land use, no disputes (confirmed by the People's Committee of the commune/ward);
 Death certificate of the person leaving the inheritance;
 Identity card, household registration, birth certificate proving the inheritance relationship.
o Resolving agency: District-level People's Committee (or District-level branch of the Land Registration Office).

Step 2 – Issuing the first land use right certificate:
o After the application is approved, the competent authority will issue a red book in the name of the representative or in the joint names of the co-heirs.

Step 3 – Notarizing the declaration and division of inheritance:
o After having the certificate, the inheritance is legally established.
o At this time, the co-heirs can bring the documents to the notary office to carry out the procedure of notarizing the declaration or division of inheritance according to the provisions of the Notary Law 2024.

III. CONCLUSION

• Reclaimed land without a red book cannot be directly divided into inheritance at this time.
• The co-heirs need to agree to appoint a representative to declare and apply for a Land Use Right Certificate according to the provisions of Article 247 of the Land Law 2024.
• After being granted a red book, the procedure of declaring or dividing inheritance can be carried out at the Notary Practice Organization.
• This not only ensures compliance with legal regulations, but also protects the legitimate rights of co-heirs and avoids disputes.

IV. RECOMMENDATIONS

1. It is necessary to collect complete documents and evidence on the parents' use of reclaimed land (neighbor witnesses, annual land tax receipts, local confirmation, etc.).
2. Make a written agreement to appoint a legal representative to avoid conflicts of interest between co-heirs.
3. Once the certificate has been issued, the inheritance should be divided at a notary office to ensure the absolute legal value of the document.
4. Once there is a written agreement on the division of the inheritance, you and your sister can submit the application to the public administrative center of the ward or commune people's committee to be issued a certificate after dividing the inheritance.

Once again, thank you for your question. For any questions, please contact Golden Dragon Law for more detailed and satisfactory answers.

MSc. Lawyer Nguyen Hoang Long

2. Social insurance consulting after employee death

Lawyers, please let me ask that I am a worker who has been participating in social insurance (SI) for more than 25 years. I am currently sick, so I am wondering if I die without withdrawing SI, will I lose the money I have paid SI? Will my husband and children receive any benefits?

Thank you for your question. Golden Dragon Law would like to answer you as follows:

I. APPLICABLE LEGAL BASIS

1. Labor Code 2019 (Law No. 45/2019/QH14).
2. Social Insurance Law 2024 (Law No. 41/2024/QH15, effective from July 1, 2025).
3. Circular No. 12/2025/TT-BNV providing detailed instructions on the death benefit regime.
4. Decree guiding the implementation of the Social Insurance Law 2024 (to be issued, based on the draft of the Ministry of Labor, War Invalids and Social Affairs).

II. LEGAL REVIEW

Social insurance is a social security policy organized by the State, aiming to ensure replacement or compensation for income for employees when they lose or reduce their ability to work, retire, or die.
According to the Social Insurance Law 2024, the entire period of social insurance contributions of employees is kept and reserved permanently — therefore, employees never “lose social insurance money”.
When a participant passes away, benefits will be transferred to legal relatives according to the following regimes.

1. Funeral allowance
Based on Article 100 of the Social Insurance Law 2024 and Circular 12/2025/TT-BNV:
• Beneficiaries: Person in charge of the funeral (spouse, children, or relatives who organize the funeral).

• Conditions: The deceased must be in one of the following cases:
o Having paid compulsory social insurance for 12 months or more;
o Died due to a work accident or occupational disease;
o Receiving or temporarily suspending pension;
o Receiving monthly occupational accident or occupational disease allowance (retired);
o Or declared dead by the Court.
• Benefit level:
10 times the reference level in the month the employee died (currently the reference level is regulated by the Government as the base salary, currently 2,340,000 VND/month).
→ Current funeral allowance = 10 × 2,340,000 = 23,400,000 VND.

2. Monthly death benefit
Applicable when the employee has paid compulsory social insurance for 15 years or more or is in one of the special cases (died due to an occupational accident or occupational disease, receiving pension...).

• Conditions:
o The employee dies when:
 Has paid compulsory social insurance for 15 years or more; or
 Is receiving/temporarily suspending pension; or
 Died due to work accident or occupational disease; or
 Is receiving monthly occupational accident/disease allowance with a reduction in working capacity of 61% or more.
• New highlights:
If the deceased is still less than 6 months from the 15 years of compulsory social insurance payment, relatives are entitled to make a one-time payment of the remaining amount (the payment level = 22% of the monthly salary paid for social insurance before death) to be eligible for monthly survivorship benefits.
If relatives do not make a payment, they will be entitled to receive a one-time survivorship benefit.
• Eligible relatives:
o Children: including children in the mother's womb (if the father/mother dies during surrogacy); receive benefits until they are 18 years old, or there is no age limit if the worker's capacity is reduced by ≥ 81%.
o Spouse: reaches retirement age according to the Law on Social Insurance or has a reduced working capacity of ≥ 81%.

o Father, mother (both sides) or other family members who are obliged to support the deceased, if reaching retirement age or having a reduced working capacity of ≥ 81%.

• Note:
Relatives who are receiving monthly salary or social insurance benefits equal to or higher than the reference level will not be entitled to monthly survivorship benefits.
• Benefit level:
o Each eligible relative receives 50% of the reference level;

o If there is no direct caregiver, receive 70% of the reference level.

o Up to 4 relatives are entitled to benefits.

o If there are 2 or more deceased, relatives receive double benefits.

o Time of benefit: From the month following the month of death; for children born after the death of their parents, they receive benefits from the month of birth.

• Health assessment period for relatives: Within 6 months from the date of death of the employee.

3. One-time death benefit
Applicable when:
• The deceased is not eligible for monthly death benefit;
• Or relatives are not eligible for monthly death benefit;
• Or relatives wish to receive a lump sum.
Benefit level:
• Each year of social insurance payment before 2014: 1.5 months of average salary;
• Each year of social insurance payment from 2014 onwards: 2 months of average salary;
• At least 3 months of average salary.
→ With 25 years of payment (14 years before 2014, 11 years after 2014):
(14 × 1.5) + (11 × 2) = 43 months of average salary (~3 years 7 months).
In case of pensioners:
• Death within the first 2 months of receiving pension → benefit = 48 months of pension;
• Death from the 3rd month onwards → each month the pension is reduced by 0.5 months, but not less than 3 months of pension.

Important note:
When relatives have been settled monthly or one-time, the form cannot be changed later.

4. Documents and procedures
• Deadline for submitting documents:
o Within 90 days from the date of death of the employee.

o For those who are working: relatives submit to the employer, then the enterprise submits to the social insurance agency within 30 days.

o For those who are on leave or receiving benefits: relatives submit directly to the social insurance agency.
• Documents include:
o Death certificate/death certificate extract;

o Social insurance book or social insurance code;

o Documents proving family relationship;

o Application for death benefit (form 09A-HSB);

o Medical records proving reduced working capacity (if any).
• Processing time:
Within 10 working days from the date of receiving all valid documents.

III. ANALYSIS APPLICATION FOR SPECIFIC CASES

In your case, you are an employee who has paid social insurance for > 25 years, if you die before retirement:
• No loss of social insurance benefits.
• Relatives are entitled to:
1️⃣ Funeral allowance: 10 × reference level = 23.4 million VND;
2️⃣ Monthly death benefit if husband or child meets age or health conditions;
3️⃣ Or a one-time death benefit equivalent to 43 months of average salary (as in the example above).
In case the employee is still short of ≤ 6 months to complete 15 years of social insurance, relatives can make a one-time payment of 22% of the last month's salary to qualify for monthly death benefit.

IV. CONCLUSION AND RECOMMENDATIONS

1. Employees will not lose the social insurance premiums they have paid.
2. Relatives (husband, children) will receive funeral and death benefits (one-time or monthly).
3. Personal documents should be prepared and legal authorization should be given to relatives.
4. Relatives are requested to note the deadline for submitting documents ≤ 90 days to avoid overdue.
5. Refer to Circular 12/2025/TT-BNV and the Social Insurance Law 2024 to ensure that their rights are fully implemented.

Once again, thank you for your trust. For any questions, please contact Golden Dragon Law for more detailed and satisfactory responses. Thank you!

MSc. Lawyer Nguyen Hoang Long

3. Legal framework that the 11th grade male student who killed the 12th grade male student in Thanh Hoa may face

Lawyers, could you please tell me what kind of punishment the 11th grader who stabbed his 12th grader to death in Thanh Hoa that the press has reported in the past few days could face?

Thank you for your trust. Golden Dragon Law would like to advise based on the information read in the press as follows:

I. SUMMARY OF THE INCIDENT

At about 11:30 a.m. on October 17, 2025, at the gas station in Xa Thu village, Quang Binh commune, Quang Xuong district, Thanh Hoa province, a fight broke out between two students from Dang Thai Mai High School:
- Student P.T.B.N. (16 years old, class 11A9);
- Student L.Q.H. (17 years old, class 12A8).
During the conflict, student N. used a knife - considered a dangerous weapon - to attack student H., causing H. to die at the hospital.
Both students have good academic performance and conduct, no criminal record, and no previous conflicts.

The People's Committee of Quang Binh commune has confirmed the incident; the Quang Xuong District Police and the Thanh Hoa Provincial Police Investigation Agency are investigating to clarify the cause, motive and criminal behavior.

II. APPLICABLE LEGAL BASIS

1. 2015 Penal Code (amended and supplemented in 2017):
- Article 12: Age of criminal responsibility;
- Articles 91 - 101: Principles and measures for handling minors who commit crimes;
- Article 123: Crime of murder;
- Article 134: Crime of intentionally causing injury or harm to the health of others.

2. 2015 Criminal Procedure Code:

- Provisions in Chapter XXVIII on procedural matters for minors.

3. Law on Juvenile Justice 2024 (effective from July 1, 2024):

- Article 4: Principles for handling juvenile offenders;
- Article 8: Alternative measures to criminal proceedings;
- Article 10: Restorative justice measures;
- Article 26: Ensuring the right to privacy and honor of juveniles;
- Article 30: Specialized juvenile court;
- Article 35: Procedures for applying rehabilitation measures in the community.

III. DETERMINING LEGAL NATURE AND BEHAVIOR

The behavior of N. - using a knife to stab another person's vital body area leading to death - shows signs of the crime of "Murder" according to Article 123 of the Penal Code.
However, considering: the behavior occurred spontaneously, without preparation; minor conflict, lack of restraint, not motivated by hooliganism; the perpetrator is a minor (16 years old);
→ It is necessary to consider the direction of the crime of "Intentionally causing injury leading to death" (Clause 4, Article 134 of the Penal Code) to ensure humanity and the true nature of the case.

IV. CORRESPONDING PENALTIES

- If prosecuted under Article 123 of the Penal Code (Murder): The penalty range is from 12 years to 20 years, life imprisonment or death; however, according to Article 101 of the Penal Code, people from 16 to under 18 years of age are only sentenced to a maximum of 18 years in prison.
- If prosecuted under Clause 4, Article 134 of the Penal Code (Intentionally causing injury leading to death): The penalty range is from 7 years to 14 years in prison; the highest level is still limited to 18 years in prison.

V. AGGRAVATING AND MITIGATION CIRCUMSTANCES

Aggravating circumstances:
- Using dangerous weapons (knives);
- Consequences of death.

Mitigating circumstances:
- Sincere confession, repentance;
- Conflicts break out, being mentally agitated;
- No criminal record, good personal background;
- Family has or has good will to remedy the consequences;
- Offender is a minor - considered a special mitigating circumstance.

VI. APPLICATION OF THE 2024 JUDICIAL JUSTICE LAW

According to Articles 4, 8 and 10 of the Juvenile Justice Law: handling is aimed at educating, helping offenders to realize, correct mistakes, and reintegrate into society; alternative measures to criminal handling can be applied if the offender is sincere and repentant; can implement restorative justice measures, such as reconciliation, community service, or placement in a reformatory school; trial at the Juvenile Court, ensuring the confidentiality of the offender's identity and honor.

VII. GENERAL ASSESSMENT AND HANDLING DIRECTIONS

This is a particularly serious case in terms of consequences but is spontaneous, without premeditated murder.
In terms of personal background and age, N. needs to be considered in the humanitarian spirit of the law, prioritizing rehabilitative education measures in the community instead of strict imprisonment.
The prosecuting agency needs to arrange for a mandatory defense attorney; comprehensively assess the psychology, motives, and educational environment of the juvenile; fully apply the 2024 Juvenile Justice Law to ensure fairness and goodwill.

VIII. CONCLUSION

The incident is a wake-up call about school violence, requiring coordination between family - school - society in educating, training emotional control skills and conflict resolution for students.
The prosecuting agency will consider applying new criminal policies, focusing on rehabilitation and reintegration rather than punishment, so that minors have the opportunity to correct their mistakes and return to the community.

MSc. Lawyer Nguyen Hoang Long

4. Consulting on reporting crimes of having sex with minors

My daughter is 16 years old this year, she left home and lived with a man about 22 years old 6 months ago. This man often beats her and takes her money as well as her gold rings and bracelets. So as a mother, can I file a complaint against him to the police? What punishment will he have to face? Can a lawyer give me a complaint form?

Thank you for trusting and asking questions to Golden Dragon Law. The lawyer would like to answer your questions as follows:

I. LEGAL BASIS

Article 143 of the 2015 Penal Code (amended in 2017) - Crime of sexual intercourse or other sexual acts with a person from 13 years old to under 16 years old.
Article 140 of the Penal Code - Crime of illegal possession of property.
Article 170 of the Penal Code - Crime of extortion of property.

Article 134 of the Penal Code – Crime of intentionally causing injury or harm to the health of another person.
Articles 142 and 144 of the 2015 Criminal Procedure Code – Regulations on the rights of the victim and the legal representative (here the mother) to report crimes.
The 2016 Law on Children, Articles 6 and 25 – clearly stipulate: Children have the right to be protected from physical, mental, sexual abuse, and exploitation of labor and property.

II. ANALYSIS OF BEHAVIOR AND CRIMINAL RESPONSIBILITY

1. Act of living with a person under 16 years old

If the man lives together as husband and wife, even with the consent of the girl, it is still considered as “act of sexual intercourse or sexual relations with a person from 13 to under 16 years old” according to Article 145 of the Penal Code 2015 (amended 2017) - Crime of sexual intercourse or performing other sexual acts with a person from 13 to under 16 years old.

Penalty framework:

Basic: From 1 year to 5 years in prison;
If the crime is committed multiple times, is of an incestuous nature, causes injury or makes the victim pregnant, the penalty is from 3 years to 10 years in prison.

This man is about 22 years old and your daughter is under 16 years old, so he will be prosecuted under Article 145 of the 2015 Penal Code (amended in 2017) with the above penalty depending on the level of the crime.

2. Beating behavior

Regularly beating your daughter can constitute:

Crime of intentionally causing injury or harm to the health of others (Article 134 of the Penal Code).

The penalty depends on the injury rate:

Under 11% but of a hooligan nature, committing a crime against a person under 16 years old: imprisonment of 6 months to 3 years;
Over 11% or committing the crime many times: imprisonment of 2 to 6 years, can be increased to 12 years if there are aggravating circumstances.

3. Property appropriation

If a man takes your daughter's money, gold, or jewelry by threatening, beating, or taking advantage of her dependence, it can be considered:

Crime of extortion (Article 170 of the Penal Code) - imprisonment from 1 to 5 years, if the value of the property is over 50 million VND or if the act is more dangerous, then 5 to 10 years.

If he only keeps the property without returning it, illegally holding it, he can be prosecuted under:

Article 176 of the Penal Code - Crime of illegal holding of property, non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.

III. RIGHT TO DENUNCIATE AND PROCEDURES

According to Article 144 of the 2015 Criminal Procedure Code:

The mother is the legal representative of the victim under 18 years old, has the right to file a criminal complaint to:

The Investigation Police Agency of the commune or ward where the man resides;
Or the People's Procuracy at the same level.

When denouncing, you should prepare:

A complaint stating clearly the behavior, time, location;
Evidence: text messages, images, recordings, witnesses, physical evidence;
Birth certificate proving the child's age;
Injury confirmation paper (if any) or medical examination report;
Documents on the property that was appropriated.

IV. HOW TO HANDLING AND PROTECTING RIGHTS

Immediately report to the police of the commune/ward where the man resides to request emergency protection for the minor according to the Law on Children 2016, Article 54.
Request the state legal aid center to assign a lawyer to protect your daughter's rights.
If there are signs of injury or abuse, take the child for medical and psychological assessment to serve as evidence.
The mother can request to initiate a criminal case for:

Crime of sexual intercourse with a person from 13 to under 16 years old (Article 145 of the Penal Code);
Crime of intentional injury (Article 134 of the Penal Code);
Crime of extortion or illegal possession of property (Article 170 or 176 of the Penal Code).

V. CONCLUSION AND RECOMMENDATIONS

Through analysis, this man's behavior has all the signs of a criminal offense, including:

Sexual abuse of minors (Article 145 of the Penal Code);
Physical abuse (Article 134 of the Penal Code);
Appropriation of property (Article 170 or 176 of the Penal Code).

Therefore, you have the right to file a complaint with the police and request the prosecution of the case to protect your daughter.

VI. FORM OF COMPLAINT

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

CRIME COMPLAINT
(Regarding acts of abuse, violence and appropriation of property of minors)

To:

Investigative Police Agency – Public Security ……………………………
People's Procuracy …………………………………………

Complainant:

Full name: .................................................................
Year of birth: .................................................................
ID card/CCCD number: ......................................................
Permanent address: ...................

Contact phone number: ..................................................
Biological mother of:
• Daughter's full name: ....................................................
• Year of birth: ............ (currently 16 years old).
• Place of residence before leaving home: ....................................
_______________________________________
I. Content of the incident
From month .... year .... to now, my daughter .................................... (born in ........, currently 16 years old) has left home without permission and is currently living with a man named ...................................., residing at .............................................................................................
During the time living together, this man often beat, cursed, caused injuries, and took money, gold and personal jewelry from my daughter. I advised him many times but he did not cooperate and also threatened and prevented me from contacting my daughter.
This man’s behavior shows signs of a criminal offense, specifically:
1. Crime of sexual intercourse or other sexual acts with a person from 13 to under 16 years old – according to Article 145 of the 2015 Penal Code (amended in 2017);
2. Crime of intentionally causing injury or harm to the health of another person – according to Article 134 of the 2015 Penal Code;
3. Crime of extortion or illegal possession of property – according to Article 170 or 176 of the 2015 Penal Code.
_______________________________________
II. Request and proposal
Pursuant to Article 144 of the 2015 Criminal Procedure Code, I am the legal representative of the victim under 18 years old, and hereby file this petition to denounce the criminal acts of the above-mentioned man and request the Investigation Police Agency to conduct verification and initiate criminal proceedings to protect the legitimate rights and interests of the child ....................................
I hereby enclose the following documents and evidence (if any):
1. Copy of the child's birth certificate ..................................
2. Photos, messages, recordings (if any);
3. Injury examination certificate or medical examination report (if any).
III. Commitment
I hereby guarantee that the above-mentioned contents are completely true and I am responsible before the law for my denunciation.
I respectfully request that the Agency consider and strictly handle the case in accordance with the provisions of the law.
Thank you very much!
…, date …… month …… year 2025
Applicant
(Sign and print full name)

Nguyen Thi A

Once again, thank you for your trust. For any questions, please contact Golden Dragon Law for more detailed and thorough answers. Thank you!

MSc. Lawyer Nguyen Hoang Long

5. Unilateral divorce consultation

Hello lawyer. Lawyer, please let me ask if I want to unilaterally divorce my husband. If so, where can I file? What are the procedures? Are the court fees high? How are the children and assets divided? My husband and I have an 8-year-old daughter and a 3-storey house in Ho Chi Minh City. Thank you!

First of all, Golden Dragon Law thanks you for your trust. With this question, Golden Dragon Law would like to answer you as follows:

1. Right to request unilateral divorce
- Pursuant to Article 51 and Article 56 of the 2014 Law on Marriage and Family, one spouse or both have the right to request the Court to resolve the divorce when they believe that the marriage is in a serious situation, cannot be prolonged, and the purpose of marriage is not achieved. Thus, it can be seen that unilateral divorce can be requested by the wife or husband or other relatives (when meeting the conditions prescribed by the Law) to be resolved by the Court.

2. Jurisdiction
- According to the provisions of Article 39 of the 2015 Civil Procedure Code (CPC) and Clause 1, Article 35 of the 2015 Civil Procedure Code, amended and supplemented by Clause 2, Article 1 of Law 85/2025/QH15, disputes on marriage and family will be resolved by the People's Court of the region where the defendant resides or the People's Court of the region where the plaintiff resides if both have a request to the court.

3. Procedures

Step 1: Prepare unilateral divorce documents
To have the Court resolve unilateral divorce, the requester must fully prepare the following documents:
- Unilateral divorce application issued according to the form;
- Marriage registration (original); if not available, a copy can be requested...
- Certified copy of the Citizen Identification Card of the husband and wife;
- Certified copy of the child's birth certificate;
- Copy of the land certificate (if requesting the court to divide).
In addition, if there is evidence proving that the husband or wife has committed acts of domestic violence, infidelity, or has not fulfilled obligations..., it must also be provided to the Court.
After preparing all the necessary documents, the applicant must submit them to the Court of the area where the defendant resides.

Step 2: Submit a unilateral divorce application
According to the provisions of Article 39 of the 2015 Civil Procedure Code (CPC) and Clause 1, Article 35 of the 2015 Civil Procedure Code, amended and supplemented by Clause 2, Article 1 of Law 85/2025/QH15, the plaintiff will submit the application to the People's Court of the area where the defendant resides.

Step 3: Consider unilateral divorce settlement
The unilateral divorce procedure is carried out like the procedure of a civil case. Therefore, according to the provisions of the 2015 Civil Procedure Code, the unilateral divorce must go through the following stages: Preparing for trial, opening a court session, etc. Normally, the time to settle a unilateral divorce case is usually 4 to 6 months. However, in reality, there are many complicated cases, which can take longer for many reasons.
After receiving the petition from the plaintiff, the Court must consider whether to accept the petition or not after 05 working days. If the dossier is valid, the Court will send a notice to the plaintiff to pay the advance court fee, the Court will issue a decision to accept the unilateral divorce petition from the time the plaintiff submits the receipt of the advance court fee payment (Article 191 and Article 195 of the 2015 Civil Procedure Code).

Conciliation: The conciliation procedure at the Court is a mandatory procedure before bringing the case to trial, except for cases that cannot be conciliated or cannot be conciliated or are resolved under the simplified procedure.
• If the conciliation is successful: The Court will draw up a record of successful conciliation and after 07 days if the parties do not change their opinions, the Court will issue a decision recognizing the successful conciliation and this decision will take effect immediately and cannot be appealed.
• If the conciliation is unsuccessful: The Court will draw up a record of unsuccessful conciliation and then issue a decision to bring the case to trial.
After the decision to bring the case to trial is issued, the parties will be sent a summons by the Court and clearly notified of the time and place of the first instance trial. If the court finds that the conditions for divorce are met, it will issue a judgment terminating the marriage relationship between the couple...

4. Court fees
- Pursuant to Article 147 of the 2015 Civil Procedure Code and Resolution 326/2016/UBTVQH14, the first instance court fee for divorce without property disputes is 300,000 VND. If there is a property dispute, the court fee will be calculated according to the threshold price.

5. Child custody and support
- Articles 81, 82, 83 of the 2014 Law on Marriage and Family stipulate: Children under 36 months of age are assigned to the mother to raise directly, except in special cases. Children aged 7 years or older must have their wishes considered. The parent who does not directly raise the child has the obligation to provide support and has the right to visit. Since your child is 8 years old, the judge will ask your child's opinion on whether he/she wants to live with you or with your husband.

6. Property division
- Article 59 of the 2014 Law on Marriage and Family stipulates the principle of property division upon divorce: dividing in half but taking into account factors such as family circumstances, contributions, faults of each party, legitimate interests in production and business, and protecting the rights of minor children. In case the court does not want to resolve, the couple can make a written agreement on property division after divorce at a notary organization.

The above is the advice of Golden Dragon Law. If you have any questions, please contact Golden Dragon Law for more detailed and satisfactory advice. Thank you!

MSc. Lawyer Nguyen Hoang Long

6. Real estate transfer consulting

Lawyer, please tell me how to buy and sell real estate safely so that the name can be transferred? Are there any cases where the sales contract has been notarized but the name cannot be transferred? What are the possible risks and precautions? Thank you, lawyer.

Thank you for trusting Golden Dragon Law. Regarding your question, Golden Dragon Law would like to answer as follows:

I. Regarding the applicable legal basis

1. Land Law 2024;
2. Housing Law 2023;
3. Decree No. 16/2022/ND-CP of the Government on administrative sanctions in the field of construction;
4. Decree No. 123/2024/ND-CP of the Government on administrative sanctions in the field of land;
5. Notary Law 2014 (amended and supplemented 2024);
6. Relevant legal documents.

II. Regarding the conditions for transferring land use rights

Pursuant to Clause 1, Article 45 of the 2024 Land Law, land users are allowed to transfer when they meet all the following conditions:
1. Having a Certificate of land use rights/house ownership rights and other assets attached to the land;
2. The land is not in dispute or the dispute has been resolved by a legally effective judgment or decision;
3. The land use rights are not subject to seizure to ensure enforcement of the judgment;
4. The land is still within the term of use;
5. The land use rights are not subject to temporary emergency measures according to procedural regulations.

III. Cases where notarization is completed but the name cannot be transferred

1. Construction violations:
- Construction without a permit: According to Clause 6, Article 16 of Decree 16/2022/ND-CP, the act of construction without a permit is subject to administrative sanctions and forced to be remedied.
- Using land for the wrong purpose: According to Article 10 of Decree 123/2024/ND-CP, the act of building a house on agricultural land without changing the purpose of use is subject to penalties and may be subject to forced demolition.

2. Disputed real estate:
If the property is in dispute, according to Clause 1, Article 45 of the 2024 Land Law, the condition of 'no land dispute' is not met.

3. Real estate subject to preventive measures:
According to the Law on Civil Judgment Enforcement, land use rights may be seized, blocked or subject to temporary emergency measures.

4. Other legal reasons:
- Land has expired;
- The seller's legal documents are invalid.

IV. Legal risks for the buyer

- Not being able to transfer the name, losing legal rights on the documents;
- Losing money but not having the right to use/not having the right to own the house;
- Must participate in disputes and lawsuits to claim rights.

V. Solutions for prevention and handling

1. Prevention before transaction:
- Check legality: Certificate, construction status, land use term;
- Look up information at the Land Registration Office;
- Verify planning;
- Prepare a notarized contract carefully.

2. Handling when notarized but not transferred:
- If the fault is due to the seller violating the law: The buyer has the right to sue, request to cancel the contract, claim back money, and compensate for damages.
- If the fault is due to the buyer's lack of inspection: Negotiate with the seller to fix it; if not, sue to protect rights.

VI. Conclusion

Although the sales contract has been notarized, the transfer of ownership can only be carried out when the property meets all legal conditions. Customers need to carefully assess the legality before the transaction, transfer the ownership immediately after notarization and include a guarantee clause in the contract to protect their rights.

Thank you again for trusting Golden Dragon Law.

MSc. Lawyer Nguyen Hoang Long

7. Consulting on issuing and exchanging ID cards abroad

Lawyer, I would like to ask that in 2016 I left Vietnam to live and work in the US under the spousal sponsorship program. This October 2025, I will be 40 years old and also have to change my ID card. I made my first ID card in 2016 before leaving for the US. So, lawyer, can I ask if I can re-make my ID card at the Vietnamese Embassy or Consulate in the US? Thank you, lawyer.

Thank you for trusting Golden Dragon Law. Regarding your question, Golden Dragon Law would like to answer you as follows:

The issuance of ID cards is specified in detail in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the 2023 ID Law, which generally includes the following main points:

Vietnamese citizens who have been issued ID cards must carry out procedures to issue and renew ID cards when they are 14, 25, 40 and 60 years old or when the person who is issued ID card requests. You are 40 years old this year, so you are eligible to issue and renew ID cards.

The re-issuance of ID cards in the case specified in Point a, Clause 2, Article 24 of this Law is done online on the public service portal, the national identification application or directly at the place where ID card issuance procedures are carried out. ID management agencies such as the Ward or Commune Police; The provincial police and the Ministry of Public Security use the information on the most recently collected facial photos, fingerprints, and irises and the information currently available in the National Population Database and the Identification Database to reissue the ID card.

Within 07 working days from the date of receiving the complete application as prescribed by this Law, the identification management agency must issue, exchange, and reissue the ID card.

Thus, you can issue and exchange the ID card on the Ministry of Public Security's public service portal if your information is integrated in the Ministry of Public Security's database. In case the information has not been integrated, you must return to Vietnam to issue and exchange the ID card at the police station of the ward or commune where you reside because the police agency must also directly collect your facial photos, fingerprints, and irises. Therefore, consular agencies such as the Embassy or Consulate cannot issue and exchange the ID card for you.

Once again, thank you for your question. For any questions, please contact Golden Dragon Law for more specific and satisfactory answers.

MSc. Lawyer Nguyen Hoang Long

8. Dual citizenship consulting

Lawyer, I would like to ask that my brother left Vietnam to live, work and become an Australian citizen in Australia in 2009, then married an Australian woman and had 2 children. So I would like to ask if my brother's 2 children can apply for Vietnamese citizenship to have dual citizenship? What documents are required for the citizenship application? Thank you!

First of all, Golden Dragon Law thanks you for your question. Regarding your question, Golden Dragon Law answers as follows:

A. Regarding Australian Law:

Since 2002, Australian Citizenship Law has officially recognized dual or multiple citizenship if your country of origin (such as Vietnam) also allows you to have Australian citizenship.

B. Regarding Vietnamese Law:

Article 19, Clause 1, Clause 2, Clause 3 of the Consolidated Law on Vietnamese Nationality No. 53/VBHN-VPQH stipulates:

1. Foreign citizens and stateless persons who apply for Vietnamese nationality may be granted Vietnamese nationality if they meet the following conditions:
a) Have full civil act capacity according to the provisions of Vietnamese law, except for minors applying for Vietnamese nationality with their father or mother, minors whose father or mother is a Vietnamese citizen;
b) Comply with the Constitution and laws of Vietnam; respect the culture, traditions, customs and practices of the Vietnamese people;
c) Know enough Vietnamese to integrate into the Vietnamese community;
d) Currently residing in Vietnam;
dd) Have a period of permanent residence in Vietnam of 05 years or more up to the time of applying for Vietnamese nationality;
e) Have the ability to ensure a living in Vietnam.

2. A person applying for Vietnamese nationality whose spouse or biological child is a Vietnamese citizen may be granted Vietnamese nationality without having to satisfy the conditions specified in Points c, d and e, Clause 1 of this Article.

3. A person applying for Vietnamese nationality who falls into one of the following cases may be granted Vietnamese nationality without having to satisfy the conditions specified in Points c, d, d and e, Clause 1 of this Article:
a) Having a biological father or mother or paternal and paternal grandparents or maternal and paternal grandparents who are Vietnamese citizens;
b) Having special meritorious contributions to the cause of building and defending the Vietnamese Fatherland;
c) Being beneficial to the Socialist Republic of Vietnam;
d) Being a minor applying for Vietnamese nationality under the father or mother.
Comparing with the above conditions, it is clear that both Australia and Vietnam allow dual nationality. Your brother is a Vietnamese citizen, so his two children are fully eligible to apply for Vietnamese citizenship to have dual citizenship.

C. Application for Vietnamese citizenship:

The application for Vietnamese citizenship includes the following documents:
a) Application for Vietnamese citizenship.
b) Copy of birth certificate, passport or other valid substitute documents.
c) Personal history.
d) Judicial record issued by a competent authority of Vietnam for the period the applicant for Vietnamese citizenship resides in Vietnam. Judicial record issued by a competent authority of a foreign country for the period the applicant for Vietnamese citizenship resides abroad. The judicial record must be issued no more than 90 days before the date of application.

The applicant for Vietnamese citizenship submits the application to the Department of Justice of the place of residence.

Once again, thank you for trusting Golden Dragon Law. For any questions, please contact Golden Dragon Law for more detailed answers. Thank you!

MSc. Lawyer Nguyen Hoang Long

9. Real estate trading license consulting

Lawyer, I would like to ask that in 2022, I bought a house (shared title in a plot of land with many houses similar to the one I bought) in Ho Chi Minh City. The person who sold it to me made a sales contract at a nearby notary office. So I would like to ask if this contract is a notarized contract? Can I change the name?

Thank you for your question. Golden Dragon Law would like to answer you with the following legal grounds:

According to Clause 3, Article 2; Clause 1, Article 36 of Decree 08/2020/ND-CP stipulates: "A certificate is a document recording real events and actions directly witnessed by a bailiff, made at the request of individuals, agencies, organizations, except for the cases specified in Article 37 of this Decree".

In Clause 2, Article 36; Clause 5, Article 37 of Decree 08/2020/ND-CP states: "A notarized document does not replace a notarized document, a certified document, or other administrative document. A bailiff is not allowed to make a notarized document recording events or acts to transfer the right to use or own land or property without documents proving the right to use or own it according to the provisions of law".

Regarding the 2024 Land Law, Clause 3, Article 27 stipulates: "Land transactions, which require contracts for transfer, donation, mortgage, and capital contribution of land use rights, must be notarized or authenticated, except in some exceptional cases. Exceptions include contracts for lease, sublease, conversion of agricultural land use rights, or when one party is a real estate business organization, in which notarization/authentication can be performed at the request of the parties".

Thus, with the above legal bases, it shows that the Certificate of Land Use Rights established between you and the landowner only records the act of money transfer between the two parties, not a notarized sale contract, because the Certificate of Land Use Rights cannot replace a notarized contract; the bailiff is also not allowed to establish a Certificate of Land Use Rights transfer, but must be established at a notary organization, not at a bailiff's office. Therefore, you cannot transfer the name.

If you want to transfer the name, you must do the following steps:

One is to ask the seller to separate the plot of land for which you have paid.

Two is, after the plot has been separated, the landowner must complete the work according to the current status.

Three is, go to a notary organization to sign the sale and purchase contract.

Four is, carry out the name change procedure according to the provisions of the 2024 Land Law and sub-law documents guiding its implementation.

Thank you for sending your question. For more details, please contact Golden Dragon Law for more detailed answers.

MSc. Lawyer Nguyen Hoang Long

10. Advice on reissuing an expiring driver's license while it is being detained

Lawyer, I would like to ask that my driver's license is being held for violating traffic safety while driving but is about to expire. So, can I apply for a new driver's license?

Thank you for your question. Regarding your question, Golden Dragon Law would like to answer as follows:

Pursuant to Article 62, Clause 4 of the Law on Road Traffic Safety and Order No. 36/2024/QH15 dated June 27, 2024, it is stipulated that: "Not to issue, exchange, or reissue a driver's license to a person who violates the law on road traffic safety and order when that person has not yet completed the request of the competent state agency to resolve the case of administrative violation in the field of road traffic safety and order".

Pursuant to Article 20, Clause 2 of Circular 12/2025/TT-BCA dated February 28, 2025, it is stated: "The driving license shall not be reissued in the following cases: the driving license information is not in the driving license information system at the Traffic Police Department or is not in the list of driving license issuance (management book); the person violating road traffic order and safety has not yet completed the request of the competent state agency to resolve and handle administrative violations in the field of road traffic order and safety".

Thus, pursuant to Clause 4, Article 62 of the Law on Road Traffic Order and Safety No. 36/2024/QH15 and Article 20, Clause 2 of Circular 12/2025/TT-BCA mentioned above, you must complete the penalty decision issued by the Traffic Police to satisfy the conditions for changing the driving license. The fine will be based on Decree 168/2024/ND-CP detailing administrative penalties for traffic order and safety violations. After completing the penalty decision, you can carry out the procedure to change your driver's license according to the provisions of Article 21 of Circular No. 12/2025/TT-BCA on testing and granting driver's licenses.

Documents for changing driving license, including:
- Request for changing driving license according to the form prescribed in Appendix XII issued with this Circular;
- Health certificate of the driver issued by a qualified medical examination and treatment facility according to the provisions of law on medical examination and treatment that is still valid (except for those with driving license class A1, A, B1);
- Passport with valid validity (for foreigners, Vietnamese residing abroad);
- Other documents showing information specified in Point d, Clause 1 of this Article.

Procedure
- Individuals prepare 01 set of documents and send them directly to the Commune-level Police where the reception point is arranged or the Traffic Police Department or send them via the online public service system.
- The Traffic Police Department or Commune-level Police where the reception point is arranged shall enter electronic information; print the appointment slip for returning results or send the appointment information via the public service system;

Thank you again for your question. For any questions, please contact Golden Dragon Law for more detailed answers.

MSc. Lawyer Nguyen Hoang Long

11. Consulting on reclaiming land due to neighbors mistakenly building houses on other people's land

Lawyers, please tell me that in the case of mistakenly building a house on someone else's land, like the case in Hai Phong in 2024 and the recent case in Ho Chi Minh City in 2025 that the press just mentioned, what should the landowner who built the wrong house do to get the house back?

Thank you for your question. With this question, Golden Dragon Law would like to answer you as follows:

To be able to get back the land that the neighbor mistakenly built a house on, you must first submit a conciliation petition to the Chairman of the People's Committee of the ward or commune where your land is located acording to Article 235, Clause 2 of the 2024 Land Law: "Before the competent state agency resolves land disputes as prescribed in Article 236 of this Law, the disputing parties must conduct conciliation at the People's Committee of the commune where the disputed land is located". During the conciliation, if you and the person who built the wrong house cannot reach an agreement, then the Chairman of the People's Committee of the ward or commune will make a record of unsuccessful conciliation. At this point, you can file a lawsuit with the People's Court of the area where the land is located along with the documents (Land ownership certificate, citizen identification card, unsuccessful conciliation record, photo evidence, video of the house built on your land) with the following legal grounds:

Article 115 of the 2015 Civil Code states: "Property rights are rights valued in money, including property rights to intellectual property rights, land use rights and other property rights".
In addition, Article 175, Clause 2 of the 2015 Civil Code also clearly states: "Land users have the right to use the space and underground vertically from the boundary of the land plot in accordance with the law, but must not affect the land use of others".

In addition, Article 26 of the 2024 Land Law stipulates: “Land users are protected by the State when they are violated and have the right to complain, denounce, and sue for violations”.
Moreover, Article 31 of the 2024 Land Law also clearly states: “Land users have the obligation to use land for the right purpose, within the right plot boundaries, in accordance with regulations on underground depth and height above ground, while protecting public works and complying with other relevant legal regulations”.

Finally, Article 7 of Decree 123/2024/ND-CP stipulates the determination of the area of land in violation and the initial status of the land before the violation as well as the cost of measurement: "In case of violation of the entire area of the land plot with a cadastral map, it shall be determined according to the cadastral map. In case of violation of the area in violation without a cadastral map but with another map that has been or is being used in land management in the locality, that map shall be used for determination; The initial status of the land before the violation shall be determined according to the land user, the type of land specified in Article 9 of the Land Law and the current status of land use before the violation (terrain, objects, works on the land) and shall be recorded in the administrative violation record. The determination of the initial status of the land before the violation shall be based on records and documents showing the initial status of the land before the violation. In case there are no records or documents, the person with the authority to draw up the administrative violation record shall be responsible for verify the original condition of the land before the violation based on the opinions of the violator and the opinions of the People's Committee at the commune level. The cost of hiring a consulting unit with the function of measuring to determine the area of land violating the provisions in this point shall be paid by the violator".

In short, with the above legal bases, the successful conciliation or lawsuit to reclaim the land is entirely up to your decision, such as the case of the wrongly built house in Hai Phong in 2024, which was recently ruled by the People's Court to force the demolition to return the original condition to the legitimate landowner.

Once again, thank you for your question. Thank you!

MSc. Lawyer Nguyen Hoang Long

12. Land inheritance consulting for Vietnamese people residing abroad

Lawyer, I would like to ask you that I left Vietnam to live in the US since I was 13 years old with my parents, so I have not yet made an ID card, so I do not have a citizen ID card. Now I am 25 years old and my father passed away 7 years ago and the land is in his name. I am the only child of my parents. So I would like to ask if I can inherit the land of my parents who are still in Vietnam? What documents are included in the file and what are the procedures?

Thank you for your question. Golden Dragon Law would like to answer your question as follows:

1. Conditions for Vietnamese people residing abroad to inherit land in Vietnam.

According to Article 610 of the 2015 Civil Code, all individuals are equal in the right to leave their property to others and the right to inherit according to a will or according to the law, there is no limit on the right to inherit between people in the country, foreigners or Vietnamese people residing abroad. However, Vietnamese people residing abroad who are not entitled to inherit according to Article 621 of the 2015 Civil Code are not entitled to inherit in Vietnam.

Article 621 of the 2015 Civil Code stipulates people who are not entitled to inherit. Specifically, these people are those who intentionally seriously infringe upon the life, health, honor, dignity, or coerce or deceive the testator in making a will, or commit acts of forging or amending the will in order to inherit against the testator's will. However, these people are still entitled to inherit if the testator knows of their actions and still allows them to inherit according to the will.

Article 3 of the 2008 Law on Vietnamese Nationality: “Vietnamese people residing abroad are Vietnamese citizens and people of Vietnamese origin residing and living long-term abroad”.

Article 3, Clause 4 of the 2008 Law on Vietnamese Nationality: “People of Vietnamese origin residing abroad are Vietnamese people who used to have Vietnamese nationality, whose nationality was determined by bloodline at birth, and whose children and grandchildren are residing and living permanently abroad.”

Thus, overseas Vietnamese or Vietnamese people residing abroad (Vietnamese citizens or people of Vietnamese origin) still have the right to inherit in Vietnam if they are not deprived of inheritance rights according to the law or deprived of inheritance rights according to the will of the testator leaving the inheritance. However, this inheritance of land has certain conditions, details as follows:
Article 4, Clause 6 of the 2024 Land Law: "Land users are people of Vietnamese origin residing abroad".
Article 28, Clause 1, Point h of the 2024 Land Law: “The recipient of land use rights is a Vietnamese person residing abroad who is allowed to enter Vietnam and is allowed to buy, lease-purchase a house attached to the right to use residential land, receive the right to use residential land in a housing development project; receive inheritance of the right to use residential land and other types of land in the same plot of land with a house according to the provisions of the law on civil matters; receive a house attached to the right to use residential land as a gift from those who are heirs according to the provisions of the law on civil matters”.

Article 44, Clause 1 of the 2024 Land Law: “The recipient of land use rights is a Vietnamese person residing abroad who is allowed to enter Vietnam and is allowed to own a house attached to the right to use residential land in Vietnam; has the right to use residential land by receiving the transfer of the right to use residential land in housing development projects”.
In case the land use rights have not been transferred or donated, the inheritor or representative with a written authorization as prescribed shall submit the inheritance dossier to the land registration agency to update the Land Registry.

2. Inheritance declaration dossier.

The inheritance declaration dossier includes:
A notarization request form;
Documents proving the death of the testator (death certificate, death notice, death declaration, etc.);
Draft of the inheritance declaration document (if any);

Documents proving the assets of the testator include: Certificate of land use rights,
Documents proving the status of the testator's common and separate assets regarding the assets;
Certificate of the testator's marital status (marriage certificate, marriage certificate, etc.);
Identification documents of the declarant: identity card, citizen identification card, passport;
Documents proving Vietnamese origin; Certificate of Vietnamese nationality, renunciation of Vietnamese nationality, citizen registration, documents proving permission to enter Vietnam, etc.;
Authorization contract (if any);
Report and commitment on personal relationship
Documents proving the personal relationship between the legal heir and the testator (Birth certificate)

Procedures for Vietnamese residing abroad to declare inheritance are stipulated in the Notary Law 2024 and Decree 104/2025/ND-CP Decree detailing and guiding the implementation of a number of articles of the Notary Law.
Step 1: Submitting a request for declaration of inheritance
Authorized person submits a request for declaration of inheritance at the headquarters of the notary practice organization.
Step 2: Receiving documents
After submitting all documents, the Notary will review and check:
If the documents are complete: The Notary will receive, accept and record them in the notary book;

If the dossier is incomplete: The notary will guide and request additional information;
If the dossier does not have a basis for settlement: The notary will explain the reason and refuse to accept the dossier.
Step 3: Posting the acceptance of the Declaration of Inheritance
After the dossier is received, the notary practice organization will post it publicly at the headquarters of the People's Committee of the ward or commune where the person leaving the inheritance last resided; in case the last permanent residence cannot be determined, it will be posted at the place of temporary residence of that person with the last term. The posting period is 15 days.
Step 4: Instructions for signing the Declaration of Inheritance
After 15 days of posting without any complaints or denunciations, the notary organization will process the file:
If there is a draft of the Declaration of Inheritance: The notary will check the contents of the document to ensure that there are no provisions that violate the law or social ethics, etc.
If there is no draft: The notary will draft it according to the request of the person declaring the inheritance. After drafting, the heir will read the content again, agree, and will be instructed by the notary to sign the Declaration of Inheritance.
Step 5: Sign the certificate
The authorized person presents the original of the documents in the file requesting the declaration of inheritance for the notary to compare before recording the testimony and signing each page of the document.
Step 6: Return the result
The overseas Vietnamese pays the notarization fee and receives the declaration of the portion of the inheritance that he/she inherits.
After receiving the inheritance declaration, the authorized person shall register at the Land Registration Office where the inheritance is located.

Thank you again for your question. Thank you!

MSc. Lawyer Nguyen Hoang Long

13. Consulting on notarized document address

Lawyer, I would like to ask if my mother is illiterate and cannot sign, can she fingerprint on a notarized will or donation document?

Golden Dragon Law thanks you for your question and would like to answer you as follows:

Based on Clause 3, Article 50 of the 2024 Notary Law, the provisions on signing and fingerprinting in notarized documents are as follows: “The fingerprinting can replace the signing in cases where the notarization requester, witness, or interpreter cannot sign. When fingerprinting, the notarization requester, witness, or interpreter must use the fingerprint of the right index finger; if the fingerprint of the right index finger cannot be used, the fingerprint of the left index finger must be used; if the fingerprint of the two index fingers cannot be used, the fingerprint of another finger must be used, and the notary must clearly state in the testimony which finger or hand the notarization requester, witness, or interpreter uses to fingerprint”.

In case the fingerprinting is done instead of signing, the photo of the notary witnessing the fingerprinting is also taken in accordance with the provisions of Article 46 of Decree 104/2025/ND-CP. The photo is a component of the notarized record and can only be stored and used in accordance with the provisions of law on archiving notarized records. In case the person requesting notarization and the notary find it necessary, they can film the process of the parties participating in the transaction signing the notarized document; the image material is a component of the notarized record and can only be stored and used in accordance with the provisions of law on archiving notarized records.

Thus, your mother can completely fingerprint instead of signing when performing the procedure of notarizing a will or donating real property if she is illiterate or cannot sign. However, there must be a witness and the notary will have to read and explain the content carefully before your mother fingerprints to ensure legal safety and avoid unnecessary disputes.

Once again, thank you for your question.

MSc. Lawyer Nguyen Hoang Long

14. Notarization and certification consulting

Lawyer, let me ask: "What is the difference between Notarization and authentication? Does the Commune People's Committee notarize documents?

Golden Dragon Law would like to answer as follows: Notarization and authentication are two completely different forms because Notarization is regulated and sanctioned by Notarization Law No. 46/2024, while Authentication is regulated and sanctioned by Decree 23/2015/ND-CP.

Accordingly, Clause 2 of the Notarization Law 2024 stipulates: "Notarization is the act of a notary public of a notary organization, a diplomatic representative agency, or a consular representative agency certifying the authenticity and legality of a contract or civil transaction in terms of content and form that is not contrary to social ethics, customs, etc., which the law requires notarization or the parties voluntarily request notarization.

Authentication is the act of People's Committees at all levels, diplomatic agencies, consular agencies, and notaries, based on the original or the original, to certify that the copy is true to the original or the copy is true to the original; the signature and fingerprint are true to the person requesting the authentication; certify the time and place without regard to the content, only the form prescribed in Article 2; Article; Article 5 and Article 19 of Decree 23/2015/ND-CP.

Notarized documents have evidentiary value and do not need to be proven. According to Clause 3, Article 6 of the 2024 Notarization Law: "Notarized documents have evidentiary value, the details and events in the notarized documents do not need to be proven when used as evidence, except in cases where such documents are declared invalid by the Court".
Authentication documents are not mentioned as evidence in Decree 23/2015/ND-CP. However, they are considered sources of evidence according to Clause 10, Article 95 of the 2015 Civil Procedure Code: "Notarized and certified documents are a source of evidence" and Clause 9, Article 81 of the 2015 Administrative Procedure Code: "Notarized and certified documents are one of the sources of evidence".

With the above provisions, we can see that:
The People's Committee of the ward or commune only has the function of certification but not the function of notarization.
Notary public organizations, in addition to the function of notarization, also have the function of certification like the People's Committees at all levels.
In short, although notarization and certification are two different forms, they have one thing in common: they certify the correctness and accuracy of papers and documents. However, notarization and certification are completely different in terms of applicable legal documents, the value of notarized/certified documents as well as the functions and tasks of the notary/certification agency.

Thank you for sending your question.

MSc. Lawyer Nguyen Hoang Long

15. Consulting on vehicle registration at temporary residence

Lawyer, I would like to ask you that my husband and I are from the countryside and are temporarily residing and working in Ho Chi Minh City. Now my husband and I plan to buy another motorbike to make it easier for us to go to work and pick up our children. So, lawyer, can I ask you if I can register the license plate at the temporary residence?

With this question, Golden Dragon Law would like to answer Yes. The provisions of Clause 2, Clause 3, Article 3 of Circular 79/2024/TT-BCA dated November 15, 2024 are detailed as follows: “A vehicle owner who is an organization or individual with headquarters or residence (permanent or temporary residence) in a locality shall register the vehicle at the vehicle registration agency in that locality; except for the cases specified in Clause 8 and Clause 9 of this Article on winning a nice car license plate auction.

Therefore, you can completely register the vehicle at the locality where you temporarily register your residence. In case you win the license plate auction, you can register the vehicle at your permanent or temporary residence or at the place where you won the auction. The vehicle registered at the temporary residence will have the license plate symbol of the province where you are temporarily residing.

Regarding vehicle registration procedures: You can register through the national public service or the Ministry of Public Security's public service or go directly to the police station of the ward or commune where you are temporarily residing to carry out the registration procedures.

Regarding documents: For new vehicles, the documents The documents include: Vehicle registration declaration; Citizen identification card; Vehicle sales invoice; Factory quality certificate; Registration tax declaration and receipt.

For used vehicles, the documents include: Vehicle registration declaration; Citizen identification card; Vehicle registration; Notarized vehicle purchase and sale contract; Registration tax declaration and receipt; Vehicle license plate revocation paper.

Thank you for your question.

MSc. Lawyer Nguyen Hoang Long

16. Inheritance property settlement consulting

Lawyer, I would like to ask you that my father is 70 years old this year, his health is currently unstable, sometimes awake and sometimes unconscious. The house only has me, 32 years old, and my younger brother, 28 years old. My mother passed away 5 years ago. The house papers are in my father's name. So I would like to ask if my father can authorize me to decide on the house where my father and I are living?

Thank you for your question. With your question, Golden Dragon Law would like to answer you as follows:

The house where my father and I are living is the common property of my parents. My mother passed away 5 years ago, so her inheritance will arise according to Articles 613; 649; 650; 651; 652 of the 2015 Civil Code, which is 1/2 of the house divided equally into 3 parts for my father, me and my younger brother.

Therefore, in order to decide on the house, my family must go to a notary organization (Notary Office or Notary Office) near my house to declare the inheritance. When making the inheritance declaration, my father must give his share of ½ of the house which is my father's private property and ½ x 1/3 of the part he received from my mother's inheritance; at the same time, my younger brother must also give or refuse or authorize full authority ½ x 1/3 of the part of the inheritance that my younger brother receives from my mother's inheritance. Thus, at that time, the entire house will be under my full authority to decide.

However, because your father is currently in a state of lucidity and unconsciousness, in order to be able to declare the inheritance at the notary public, your father must be lucid or, more accurately, have full civil capacity at the time of signing and pointing at the notary public. If he is not lucid enough, loses the ability to perceive and control his actions, the notary public will refuse to notarize the inheritance declaration.

Therefore, the advice is that you should take your father to the hospital for a health check to see if he is lucid and alert enough, and at the same time contact the notary public to proceed with the inheritance declaration right at the hospital if the doctor diagnoses that your father is fully aware of civil behavior during the examination.

In short: If your father is still conscious, he can declare his inheritance so that you can decide on the house. But if he is no longer conscious, he cannot give it away to a notary public, but must go through guardianship procedures or wait for inheritance.

MSc. Lawyer Nguyen Hoang Long

17. If a company intends to downsize due to ineffective operations, it must comply with the law as follows

18. What is the difference between “Charter” and “Regulation”? What are the fundamental requirements for these two types of management documents?

Q: What is the difference between “Charter” and “Regulation”?

Charter:
The Charter is an agreement between the company’s founders and its shareholders, as well as among the shareholders themselves. It is drafted based on legal frameworks (such as the Law on Enterprises, Tax Law, Labor Law, Financial and Accounting regulations, etc.) to govern the establishment, operation, and dissolution of the company.
The Charter is regarded as the “Constitution” of the enterprise. In the event of a dispute, the Charter serves as the primary and most important legal basis for competent authorities to resolve the matter. Any adoption, amendment, or cancellation of the Charter must comply with the law.
Regulation:
Regulations are sets of rules that govern specific issues within the company, including policies, organizational structure, human resources management, assignment and delegation of authority, standards, and pricing. Regulations provide guiding principles and frameworks, and must strictly comply with legal requirements.

Q: What are the fundamental requirements for these two types of management documents?

A: There are three key requirements:

Legality: Must comply with laws and regulations, and not contradict legal provisions.
Practicality: Must be aligned with the company’s management and operational needs, as well as its specific business activities.
Effectiveness: Must create an internal legal framework that supports management, governance, and control of all business activities; and once adopted, they must be respected and strictly implemented by all members.

19. What are management documents? Is it necessary for a business to establish a management documents system? Why?

Q: What are management documents?
A: In a business, the management system is formalized through methods, management principles, work standards, and control procedures. All of these are documented as management documents, which essentially serve as the company’s management regulations.

Q: Is it necessary for a business to establish a management documents system? Why?
A: Yes. Building a management documents system is essential because it:

Helps prevent, detect, and minimize risks.
Manages and controls operations to ensure business objectives are achieved.
Provides a basis and evidence for handling daily matters, both within the company and in relations with suppliers, customers, partners, and shareholders.

In essence, developing a system of management documents is like creating a “legal framework” for the company, ensuring fairness and transparency in the workplace.

20. Why should I select your firm as my lawyer?

Reasons why clients should choose Golden Dragon Law Firm as their accompanying lawyer:

1. A team of experienced and specialized lawyers in each field
• Golden Dragon Law Firm gathers many lawyers, legal experts, and senior consultants who are thoroughly knowledgeable in the fields of: criminal, civil, land, business, marriage and family, commerce, tax, etc.
• There is always a lawyer in charge of each group of cases, ensuring specialization and the highest concentration for each file.

2. A sense of responsibility and professional ethics
• Golden Dragon lawyers work with passion and ethics, absolutely comply with the code of professional ethics of lawyers, keep client information confidential, and put the legitimate interests of clients first.
• Committed to zero tolerance for violations of the law, while always being flexible to maximally protect the interests of clients within the legal framework.

3. Full legal services, comprehensive solutions
• Not only defending or protecting rights in specific cases, Golden Dragon also advises on long-term legal risk prevention strategies.
• Periodic legal service packages, regular consultation, supporting businesses and individuals to proactively handle records, contracts, and disputes.
• The office's system of searching for precedents, legal documents, and procedural forms is extremely complete, ready to support customers quickly.

4. Motto "Understand the law to live correctly and live strongly"
• Golden Dragon aims to disseminate and convey easy-to-understand legal knowledge, helping customers not only solve current problems but also proactively behave according to legal standards in life.
• The office regularly conducts seminars, internal training, and shares community law.

5. Professional – transparent – fast working style
• The process of receiving cases, reporting fees, signing service contracts, and reporting progress are all transparent and clear.
• Files are processed and stored scientifically and confidentially.
• Customers are always updated on case developments promptly.

6. Reputation is affirmed through results and trust
• During its operation, Golden Dragon Law Firm has successfully resolved many complicated cases, protecting the legal rights and interests of individuals and businesses.
• The trust and referrals of customers are the most accurate proof of capacity and reputation.

7. Flexible in costs and support methods
• The office has service packages suitable for each need: individual consultation, full package, by case, monthly/quarterly/yearly.
• Can support directly, online or at the location requested by the customer.
• All costs are agreed upon transparently, clearly, and contractually.

Therefore, choosing Golden Dragon Law Firm means choosing a team of dedicated, specialized, and transparent lawyers, with the motto of accompanying clients to the end, for justice and legitimate rights.

FAQ

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