Questions and answers about the law

Article 9 of Circular 06/2021/TT-BTP stipulating the report on auctioneer apprenticeship results as follows:

1. Within 15 days from the end of the probationary period, the probationer shall submit a report on probation results to the Department of Justice where he or she is on the list of probationers. The internship report includes:

a) Practice skills and experience gained from the apprenticeship process;

b) Difficulties and obstacles during the probationary process (if any) and suggestions and recommendations.

2. A report on probationary results must contain comments from the auctioneer instructing the apprentice and certification from the asset auction organization accepting the probation on the probationary process and results.

Thus, according to current regulations, when you finish your probationary period, you will have to report your probation results to the Department of Justice saying your name is on the list within 15 days at the latest.

In addition, Article 10 of Circular 06/2017/TT-BTP stipulates the rights and obligations of apprentices as follows:

1. Apprentices have the following rights:

a) To be facilitated by the asset auction organization accepting the probationary period in accordance with the provisions of Article 8 of this Circular;

b) Be guided by the apprentice auctioneer in the contents of the apprenticeship and in the exercise of the apprentice's rights and obligations;

c) To be requested to change the apprentice instructor auctioneer;

d) To be registered to participate in the inspection of asset auction practice probation results;

đ) Other rights as agreed with the asset auction organization accepting the probationary period and as prescribed by law.

2. Apprentices have the following obligations:

a) Comply with the provisions of the Law on Property Auction, this Circular and relevant legal documents;

b) To perform the jobs under the probationary contents specified in Article 8 of this Circular as assigned by the auctioneer instructing the apprentice; report on probation results in accordance with this Circular;

c) Take responsibility before the trainee-instructing auctioneer and the asset auction organization receiving the trainee for the results and progress of the assigned tasks;

d) Keep confidential information about the contents and related information that they know during the probationary process;

đ) Other obligations as agreed upon with the asset auction organization accepting the probationary period and as prescribed by law.

Pursuant to Article 3 of Decree 77/2020/ND-CP stipulating the period for calculating and excluding seniority allowances as follows:

1. Time to calculate seniority allowance The period for calculating the seniority allowance is determined by the sum of the following periods:

a) Time of teaching and education with compulsory social insurance payment in public educational institutions.

b) The period of teaching and education with compulsory social insurance payment in non-public educational institutions (for teachers who are teaching and educating in public educational institutions who have previously taught in public schools); teaching and educating at non-public educational institutions).

c) Working time for which seniority allowance is calculated, including: working time with salary according to one of the ranks or titles of specialized customs, courts, procuracies, audits, inspectors, civil judgment enforcement, ranger, national reserve, party inspection; working time for seniority allowance in the army, police, cipher and working time for seniority allowance in other professions (if any).

d) The period of military service according to the law, before the military service is being calculated to enjoy the seniority allowance.

2. The period of not taking into account the seniority allowance

a) Apprenticeship period.

b) The period of personal leave without pay is continuously from 01 month or more.

c) The period of sick and maternity leave exceeds the time limit prescribed by the law on social insurance.

d) The time spent working as an expert, studying, practicing, working, surveying at home and abroad exceeds the time limit decided by the competent authority.

đ) Time of being temporarily suspended from work or being held in custody or temporary detention to serve investigation, prosecution and adjudication.

e) Non-working time other than those specified at Points a, b, c, d, dd, Clause 2 of this Article. Thus, according to current regulations, your initial probationary period will not be counted in the time to calculate the seniority allowance.

CCPL: Civil Code 2015; Law on marriage and family 2014

Article 33 of the Law on Marriage and Family 2014 provides for the common property of husband and wife as follows:

- Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful income during the period of time. the marriage period, except for the cases specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property that husband and wife agree is common property.

Land use rights acquired by husband and wife after marriage are the common property of husband and wife, except for cases where the spouses are separately inherited, given separately or acquired through transactions with separate property.

The husband and wife's common property is under common ownership and is used to meet the family's needs and fulfill the husband and wife's common obligations.

- In case there are no grounds to prove that the property in dispute between husband and wife is the separate property of each party, such property shall be considered as common property.

Thus, the part of property purchased during the marriage is the common property of the husband and wife, unless the spouses are separately inherited, given as a gift or acquired through a transaction with separate property.

At the same time, in Clause 1, Article 34 of the Law on Marriage and Family 2014, the registration of ownership and use rights for common property is regulated:

In cases where property under common ownership of husband and wife is required by law to have ownership and use rights registered, the certificate of ownership or certificate of use right must include the names of both husband and wife, except where the husband and wife have other agreements.

=> When registering the land use right formed during the marriage, the competent state agency will record the couple on the Red Book. However, not in all cases the Red Book records both husband and wife's names, but also depends on the agreement of both parties.

==> From the above analysis, if you and your wife buy a house, but only your husband is in your name, you still have the right to that part of the property, because it was formed during the marriage. If a dispute occurs in only your husband's name, if your husband cannot prove that it is your husband's separate property, the house is still jointly owned by both husband and wife.

Therefore, in Articles 217 and 218 of the 2015 Civil Code, husband and wife have equal rights and discuss together in the possession, use and disposition of common property. Thus, you have the right to make decisions related to the use and disposition of the house.

In Clause 1, Article 13 of Decree 112/2014/ND-CP, there are regulations on people who are allowed to enter and exit the border gate area:

1. Persons allowed to enter or exit the border gate area:

a) Passengers on exit or entry;

b) Officials, soldiers, employees and civil servants of specialized state management agencies and relevant state agencies having their headquarters or offices in the border gate area;

c) Employees of agencies, organizations and individuals engaged in service and trade activities in the border gate area;

d) Drivers and persons working on means of transport of goods and passengers for export, import, exit or entry;

đ) Goods owners, traders of goods exported or imported into or out of the border-gate area shall carry out procedures for exporting and importing goods;

e) Persons coming to work with specialized state management agencies and relevant agencies with headquarters or offices in the border gate area;

g) Persons who come for medical examination and treatment (in case there is a medical area in the border gate area for medical examination and treatment);

h) Apart from the cases specified at Points a, b, c, d, dd, e, g of this Clause, people entering or leaving the border gate area for the purpose of visiting, seeing off or other purposes must be permit and subject to the inspection, control, supervision and guidance of the Border Guard Station.

According to current regulations, people who come for medical examination and treatment in border-gate areas with medical areas for medical examination and treatment will be allowed to enter and leave the border-gate areas.

My wife and I see that our health is getting weaker, so we want to make a will to blame when we lose our children, and we lose our unity. So, how is the probate process like?

*Legal grounds:

- Articles 43 and 56 of the Law on Civil Service 2014;

- Clause 3, Article 4 of Circular 257/2016/TT-BTC.

* Notarization requester:

The testator must personally request the will notarization, not authorize another person to request the will notarization.

* Notarization documents of wills:

- Notarization request form (The notary office has a sample available);

- Wills;

- Identity card or papers proving the identity of the person requesting notarization;

- Papers proving ownership of the property stated in the will (LURC; vehicle papers; ...).

* Method of requesting notarization:

=> The person requesting notarization of a will can come directly to the notary office or request the notary to come to his/her place of residence to notarize the will.

* Agencies and organizations that notarize wills: Notary office/office.

* Time limit for notarization of wills:

The time limit for notarization does not exceed 02 working days; for contracts and transactions with complicated contents, the time limit for notarization may be longer but must not exceed 10 working days.

* Will notarization fee: 50,000 VND/case.

In addition, the fee for receiving and keeping wills: 100 thousand VND/case; Fee for issuance of notarized copies of documents: 05 thousand VND/page, from the third page (3) or more, each page will collect 3 thousand VND but the maximum is not more than 100,000 VND/copy.

Here is the probate procedure.

Pursuant to Article 53 of Decree 08/2020/ND-CP stipulating the right to request judgment enforcement as follows:

- With the same content of the request, at the same time, the requester has the right to make a request only to a bailiff's office or a civil judgment enforcement agency to organize judgment enforcement.

- In case the judgment creditor is entitled to serve many different clauses in the same judgment or decision by a person with the obligation to execute, at the same time, the judgment creditor may only request the enforcement agency to execute the judgment. civil judgment enforcement or an enforcement agency's Attorney's Office. If the judgments are executed by many different persons who are obliged to perform them, the judgment creditee has the right to simultaneously request the civil judgment enforcement agency and the bailiff's office to execute each clause separately.

In the same judgment or decision, there are many judgment creditors, of which one person requests the civil judgment enforcement agency to organize the enforcement, and the other requests the bailiff's office to organize the enforcement, the enforcement agency shall Civil judgment enforcement and the Attorney General's Office must coordinate with each other in judgment enforcement.

- The statute of limitations and procedures for requesting judgment enforcement comply with the law on civil judgment enforcement.

Thus, according to the above provisions, with a civil judgment enforcement case with many contents, your company has the right to ask many bailiffs' offices to participate in the settlement. However, each unit can only undertake a separate content that does not overlap with each other

Pursuant to Article 8 of the Law on Notary 2014 Vietnamese citizens permanently residing in Vietnam, complying with the Constitution and laws, having good moral qualities and meeting the following criteria may be considered and appointed notaries:

1. Possess a bachelor's degree in law;

2. Having worked in law for 5 years or more at agencies and organizations after having obtained a bachelor's degree in law;

3. Having graduated from the notarial vocational training course specified in Article 9 of this Law or completed the notarial vocational training course specified in Clause 2, Article 10 of this Law;

4. Passing the test of notarial practice probation results;

5. Health guarantee for notary practice.

Thus, according to the above regulations, to be appointed as a notary, you must be a Vietnamese resident in Vietnam. In addition, you also need to meet other conditions as prescribed above and not fall into the cases of not being appointed a notary.

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