Legal Enquiries

 The order and procedures for applying the measure of education in communes, wards and townships to persons under 18 years of age who commit crimes and are exempt from penal liability are specified in Article 429 of the Criminal Procedure Code as follows:

• 1. When exempting a person under 18 years of age from criminal liability for committing a crime and deems it eligible to apply the measure of education in communes, wards or townships under the provisions of the Penal Code, the Heads and Deputy Heads shall The investigating agency, the director, the deputy director of the procuracies, and the trial panel shall decide to apply the measure of education in communes, wards or townships to persons under 18 years of age committing crimes in cases handled by their agencies 
• 2. The decision to apply the measure of education in communes, wards and townships has the following main contents:
  • a) Number, day, month and year; decision-making site;
  • b) Full name, position, signature of the decision maker and seal of the decision-making agency;
  • c) Reasons and grounds for making the decision;
  • d) Full name, date of birth, place of residence of the accused or defendant;
  • đ) Crimes, points, clauses and articles of the applied Penal Code;
  • e) The time limit for applying the measure of education in communes, wards and townships;
  • g) Responsibilities of the administration of the commune, ward or township where the person subject to this measure resides.
• 3. Within 03 days from the date of issuing the decision to apply the measure of education in the commune, ward or township, the investigating agency, the procuracies and the court must deliver the decision to the person subject to this measure. , their parents or representatives and the government of the commune, ward or town where they reside.

Dear Lawyer, I have a question: Does a member of a limited liability company with 2 or more members have the right to request to buy back their contributed capital? If yes, what is the order and procedure?

Reply:

• Hello Sir/Madam, Thank you for trusting and sending questions to the Law Department of Thinh Tri Law Firm. Your question has been researched and consulted by our team of lawyers as follows:
• Pursuant to Article 51 of the Enterprise Law 2020 stipulates the redemption of contributed capital as follows:
  • 1. A member has the right to request the company to buy back its contributed capital if that member has voted against the resolution or decision of the Members' Council on the following issues:
    • a) Amending and supplementing contents in the company's charter related to the rights and obligations of members and the Members' Council;
    • b) Reorganization of the company;
    • c) Other cases as prescribed in the company's charter.
• 2. The request for redemption of contributed capital must be in writing and sent to the company within 15 days from the date of adoption of the resolution or decision specified in Clause 1 of this Article.
• 3. Within 15 days since the date of receipt of a request from a member specified in Clause 1 of this Article, the company must repurchase that member's contributed capital at the market price or the price determined according to the rules of law. specified in the company's charter, unless the two parties can agree on the price. The payment can only be made if, after fully paying the redeemed contributed capital, the company still fully pays all debts and other property obligations.
• 4. In case the company fails to pay the capital contribution requested for redemption as prescribed in Clause 3 of this Article, that member has the right to freely transfer his/her capital contribution to another member or a person who is not a member of the company. company members.

• Thus, members have the right to request the company to buy back their contributed capital. If that member votes against the resolution of the Members' Council. Regarding the following issues:
  • Amending and supplementing contents in the company's charter related to the rights and obligations of members and the Members' Council;
  • Reorganization of the company;
  • Other cases as prescribed in the company's charter.
• A member's request to buy back this contributed capital must be in writing. And sent to the company within 15 days. From the date of adoption of the Resolution of the Members' Council.
• Regarding payment after the company buys back the member's contributed capital:
• If there is no agreement on the price, the company must repurchase the member's contributed capital at the market price or the price determined according to the principles specified in the company's charter. The deadline is within 15 days from the date of receipt of the request.
• The payment can only be made if, after full payment, the contributed capital is redeemed. The Company still pays all debts and other property obligations.
• Regarding the right to transfer a member's capital contribution:
• If the company does not redeem the contributed capital within 15 days from the date of receipt of the request. That member has the right to freely transfer his/her capital contribution to another member. Or can also be transferred to other people who are not members.
• The company has to carry out registration procedures to change the proportion of capital contribution of members in a limited liability company with 2 or more members. The Company sends the Notice to the Business Registration Office where the company has registered.
• We send to you the content and hope that it can be helpful for you in learning about the right to request to buy back the contributed capital of a member in a 2TV limited liability company or more. In case you need more detailed advice, please call the hotline 1800 6365 so that we can assist you further. Sincere thanks!

Dear Lawyer, does a limited  company of 2 member and more have the right to transfer their capital contribution? If yes, what is the order and procedure? Ask a lawyer to help me. Thank you!

 Reply:

• Hello Sir/Madam, Thank you for trusting and sending questions to the Law Department of Thinh Tri Law Firm. The content of your question has been researched and consulted by our team of lawyers as follows:
• Pursuant to Article 52 of the Enterprise Law 2020, the transfer of contributed capital is as follows:
  • 1. Except for the case specified in Clause 4, Article 51, Clause 6 and Clause 7, Article 53 of this Law, a member of a limited liability company with two or more members has the right to transfer part or the whole of the contributed capital of the company to another person in accordance with the following provisions:
  • a) Offering such share of capital contribution to the remaining members in proportion to their capital contribution in the company with the same offering conditions;
  • b) Transferring with the same conditions of offering for the remaining members specified at Point a of this Clause to non-members if the remaining members of the company do not buy or buy all within 30 days from the date of offering.
• 2. The transferring member still has the rights and obligations towards the company in proportion to the relevant contributed capital until information about the buyer is specified at Points b, c and dd, Clause 2, Article 48 of the Law fully recorded in the member register.
• 3. In case of transferring or changing the contributed capital of members, resulting in only one member of the company, the company must organize management in the form of a one-member limited liability company and register the change the contents of enterprise registration within 15 days from the date of completion of the transfer. 
• Accordingly, to become a member of a 2-member limited liability company, an entity needs to own a part of the company's charter capital. When becoming a member of a limited liability company, that subject has many rights and obligations prescribed by law and the company's charter. One of them is the right to determine the capital contribution of members of a limited liability company.
• Transfering of capital in a limited liability company with two or more members is understood as a member or owner transferring part or all of the rights and obligations corresponding to his/her capital contribution to a member or individual. other organizations that are not members of the company. Transfering can take the form of: sale, donation, inheritance...
•   In principle, members of a member limited liability company need to follow strict procedures as follows:
  • - Must be offered to other members of the company under the same conditions and according to the proportion of capital contribution
  • - If 30 days from the date of offering, but no one buys or does not buy all, the member may transfer it to an individual or organization that is not a member.

•  In addition, the law is also very flexible when it comes to providing two exceptions where members do not need to offer to other members of the company but can freely transfer them:
  • - In case a member has the right to request the company to buy back (Article 51 of the Enterprise Law 2020) but the company does not buy it back within 15 days from the date of request, the member has the right to transfer capital freely;
  • - In case a member makes the debt payment by contributed capital.
• About the time of successful transfer of contributed capital: Since the buyer's information (including: full name, contact address, nationality, number of legal papers of an individual, for an individual member; name, enterprise identification number or legal document number of the organization, head office address for members being an organization; contributed capital, percentage of contributed capital, time of capital contribution, type of assets contributed capital, quantity and value of each type of assets contributed as capital by each member; number and date of issuance of the certificate of capital contribution of each member) are recorded in the register of members, only then will the assignor terminate the right to and obligations to the company in proportion to the amount of capital contributed.
• Consequences of the transfer of contributed capital in a limited liability company with two or more members are:
  • - The company's charter capital remains unchanged, the company changes/adds members
  • - In case the transfer results in only one member remaining, within 15 days of completing the transfer, the company must change the type of enterprise and register to change the business registration contents.
  • - In case a new member is accepted in a limited liability company with two or more members, it is necessary to carry out the procedures for registration to change members.
  • - In case an individual transfers the contributed capital, it is necessary to pay attention to the payment of personal income tax in accordance with the provisions of tax law.

• The above is the content we send to you, hope that it can help you in learning about the transfer of the capital contribution of a member in a limited liability company of 2 members or more. In case you need more detailed advice, please call hotline 1800 6365.

 Article 143 of the Enterprise Law 2020 provides for invitations to the General Meeting of Shareholders as follows:

• 1. The convenor of the General Meeting of Shareholders must send a notice of invitation to the meeting to all shareholders in the list of shareholders entitled to attend the meeting at least 21 days before the opening date, if the company's charter does not stipulate a time limit. The notice of meeting invitation must contain the name, address of the head office and enterprise code; name, contact address of shareholders, time, place of meeting and other requirements for attendees.
• 2. The notice of meeting invitation shall be sent by a method to ensure it reaches the contact address of the shareholder and posted on the website of the company; if the company deems it necessary, it shall publish it in the central or local daily newspapers according to the provisions of the company's charter.
• 3. The notice of meeting invitation must be enclosed with the following documents:
  • a) Meeting agenda, documents used in the meeting and draft resolution for each issue in the meeting agenda;
  • b) Voting card.
• 4. In case the company has a website, the sending of meeting documents together with the meeting invitation as prescribed in Clause 3 of this Article can be replaced by posting on the company's website. In this case, the notice of meeting invitation must clearly state where and how to download documents.

  Accordingly, the convener of the General Meeting of Shareholders must send a notice of invitation to the meeting to all shareholders in the list of shareholders entitled to attend the meeting at least 21 days before the opening date if the company's charter does not provide for a longer term. The notice of meeting invitation must contain the name, address of the head office and enterprise code; name, contact address of shareholders, time, place of meeting, other requirements for attendees and attachment of meeting agenda, documents used in the meeting and draft resolution for each issue on the meeting agenda; votes.

  The notice of meeting invitation is sent by a method to ensure it reaches the contact address of the shareholder and posted on the website of the company; if the company deems it necessary, it shall publish it in the central or local daily newspapers according to the provisions of the company's charter. In case the company has a website, the sending of meeting documents together with the meeting invitation as prescribed in Clause 3 of this Article can be replaced by posting on the company's website. In this case, the notice of meeting invitation must clearly state where and how to download documents.

    Thus, compared with the Enterprise Law 2014, the new Law has revised the time for sending notices of meeting invitations to company shareholders in the direction of sending notices earlier, specifically: The convenor of the General Meeting of Shareholders must send notices. Notice of meeting invitation to all shareholders in the list of shareholders entitled to attend the meeting at least 21 days before the opening date, if the company's charter does not provide for a longer time limit. The 2014 Enterprise Law stipulates that the time limit for sending notices of meeting invitations is 10 days before the opening date, if the company's charter does not provide for a longer time limit.

    In addition, the new Law abolishes that shareholders can only designate an authorized representative issued by the enterprise; instead, they have the right to exercise authorization in the appropriate form as prescribed by the Civil Law; This amendment aims to better protect the interests of shareholders because the reality shows that, in many cases, enterprises abuse regulations on issuing and sending forms of appointing authorized representatives to shareholders, in order to limit shareholders' right to attend meetings. For example, the form of attendance often changes, sending the form to attend the meeting too close to the meeting time... that causes difficulties or even causes shareholders, especially foreign shareholders, not to have enough time to authorize others attending the meeting, because administrative procedures such as authorization, consular legalization, etc. take a lot of time.

Based on Article 3, clause 1, point a and b of Law on Social Insurance 2014, Vietnamese employees in below cases are compulsory to participate social insurance:

• Employees who sign indefinite- term labor contract, definite labor contract, seasonal labor contract,  contract for a specific job from 3 months to under 12 months even labor contract between employer and employee who is under 15 years old as regulations of law on labor.
• Employees who sign contract from 1 month to under 3 months.

As such, based on the above information, you are required to participate social insurance. As the company did not let you participate social insurance and health insurance, it is illegal.

Article 45 of Law on labor safety and hygiene 2015 prescribed the conditions to enjoy occupational accident regime as follows:
“Article 45. Conditions to enjoy occupational accident regime.Điều 45.
Employees who participate occupation accident insurance or occupational disease insurance can enjoy the regime of occupational accident  when they meet enough conditions as follows:
1. Get an accident as one of below cases:
…………………………
c) On the way from domicile to the workplace or from the workplace to domicile in a reasonable time and right route.  
2. Reducing the workability at least 5 percent because of an accident that is prescribed at clause 1.
Thus, according to what you provide us, if you get an accident on the way to work at a reasonable time to be on time for work as well as get an accident on a usual road from permanent domicile or temporary domicile to workplace, they are all considered as an accident at work.
In case of not meeting the requirement of time and place as prescribed, the accident will not be considered as an accident at work and can not enjoy the regimes as Law on Labor and Law on Social Insurance. 

On February 1^st, 2017, I have purchased a land parcel of mr.A without being notarized and authenticated of the authorized organization. At that time, I paid mr.A one- third of land value. In 2020, mr.A found that land value is increased gradually so that he asked me to get that parcel back. I didn’t accept so mr.A suits me at the Law Court to announce that the hand written contract that we made is invalid in term of law. I would like to know if our handwritten contract valid or invalid? What should I do to protect my right and benefit?

In this case, our answer is:

According to Article 167, clause 3, point a of Law on Land 2013:

“3. Document and paper notarizing and authenticating that perform the rights of the land user will be as follows:

a) “Contract of transfer, donation, mortgage, investment by land use right, land use right and assets attached to land must be notarized or authenticate”.

Your provided information is not clear so we will divide into these below cases:

Case 1: If you paid two- third of the land value in 2020:

According to Article 129, clause 2 of Civil Law 2015, invalid civil transaction due to non- compliance with the required form is prescribed as follows:

“Article 129. Invalid civil transaction because of non- compliance with the required form.

2. “In case of a civil contract that has been signed but not meet requirement of notarization and authentication, if one party or both parties has completed two- third of responsibilities in transaction, the Law court will certify the validity of the contract based on the party’s request. In this case, both parties must not to notary or authenticate.”

Thus, even though your handwritten contract is not notarized or authenticated as regulation, you already paid two- third of land value for mr.A. Therefore, this transaction as well as the contract is legally valid. You don’t need to notary or authenticate the contract but complete the rest of the payment for mr.A.

Case 2: In 2020, you don’t complete at least two- third of the land value in the contract for mr.A

Your handwritten contract is not notarized or authenticated as regulation of law. Furthermore, you only paid one- third of the land value in the contract for mr.A. Therefore, the handwritten contract is legally invalid.

However, it is lawful for one of parties suits the other at an assigned time in which that party asks the Law court to certify the invalid civil transaction due to non- compliance with the required form. Specifically, in Article 132, clause 1, point đ of Civil Law 2015, the statute is 2 years from the civil transaction confirmation day, if the statute is over but no one asks for announcing the invalid civil transaction, that civil transaction will be valid. Thus, currently, the statute for asking the Law court to cancel the validity of that handwritten contract is over. In conclusion, handwritten contract between you and mr.A is valid and you need to complete the rest of payment for mr.A.

 1.About being a natural guardian:

- The law has a provision on "natural guardian of a minor" but the law does not provide for the case where a minor (grandchild) no longer has a father or mother or the father or mother cannot be identified without having a parent. If the sibling is an adult and is eligible to act as a guardian, or if this person (grandchild) no longer has paternal or maternal grandparents, the biological aunt is considered the natural guardian of the grandchild. So, in the event that the grandchild has no adult siblings eligible to act as a guardian, or the grandchild no longer has paternal or maternal grandparents; or the child's relatives or relatives do not dispute the guardianship of the grandchild, the sister (his/her biological aunt) may contact the competent state agency to carry out procedures to be his/her guardian according to the provisions in Clause 3, Article 52 of the 2015 Civil Code if she fully meets the conditions prescribed in Article 49 of the 2015 Civil Code.

2. Regarding the person who replaces the parent to register the child's birth:

- The right to be born and have nationality is one of the important first rights of a child, this is stipulated in the legal documents of the Socialist Republic of Vietnam. Birth registration for children is not only a right but also an obligation of responsible individuals and organizations. Responsible individuals and organizations must strictly fulfill the obligation to register children's births.

- The law stipulates the responsibility to register the birth of a child as follows: “Within 60 days from the date of birth, the parent is responsible for registering the birth of the child; In case the father or mother cannot register the birth of the child, the grandfather or grandmother or other relatives or the individual or organization that is raising the child shall have to register the birth of the child.

- Pursuant to the above-mentioned legal provisions, in the case that the elder sister (grandchild's biological aunt) is raising and taking care of the grandchild (it is not necessary for her to be the guardian for the grandchild) and there is no subject in dispute about When registering the birth of her grandchild, she has the right and at the same time is her responsibility to register the birth of her grandchild.

3. Dossier and order and procedures for birth registration for children:

You can register your child's birth in two ways: in person or online:

a/ Direct submission:

- Competent agency: People's Committee of commune/ward where the child's parents reside, or his/her actual place of residence: legal basis: Law on civil status 2014, Decision 1872/QD-BTP dated 04/03 September 2020

- Documents to be prepared:

+ Declaration of birth registration according to the form;

+ Original birth certificate;

+ In case there is no birth certificate, there must be a document from a witness certifying the birth or a written commitment to the contents of the request for civil status registration.

+ Document of the ward/commune People's Committee certifying the guardianship (if any); Your valid passport / ID / CCCD; Her household registration; household registration/temporary residence book + marriage registration, death certificate of parents.

- Submission order:

+ Submit application: After preparing all documents, she submits the application to the People's Committee of the commune/ward where the father/mother/child.

+ Receipt of application for birth registration and issue of birth certificate: The receiver immediately checks all the dossiers, compares the information in the declaration and the validity of the papers in the dossier submitted by her (the requester) submit, present. If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, she will be guided by the recipient to submit the additional and complete dossier as prescribed; In case it is not possible to supplement or complete the dossier immediately, the applicant may request the recipient of the application to give written instructions, clearly stating the type of paper, the content to be supplemented, ......

+ After receiving the complete application: If there is no dispute; complete and appropriate birth information, the civil status - judicial officer shall report to the Chairman of the commune/ward People's Committee. In case the Chairman of the Commune People's Committee agrees to settle the matter, the judicial - civil status officer shall record the birth registration information in the birth registration book, update the birth information according to the instructions to obtain the Personal Identification Number, guide the civil status registration requester shall check the contents of civil status papers and the civil status book, and together with the person going to register for birth shall sign in the civil status book. The Chairman of the Commune People's Committee shall issue the Birth Certificate and Extract to the requester.

b/ Procedures for online registration of birth certificates for children:

- Conduct online birth registration procedures can save a lot of time and effort, and reduce pressure on the administrative apparatus.

- Access https://dichvucong.gov.vn/p/home/, choose to log in with an account provided by the Vietnam Post or Public Service Portal

- Here, select the province/city; District; ward/commune and then press OK to proceed.

- At the List of public services, select Submit online at the section General birth registration (communal block).

- After clicking OK, the system will automatically return to the Online Public Service page of the provinces and centrally-run cities. At this time, people fill in the required information, follow the instructions to conduct birth registration.

* Some notes when registering birth online:

- The application code should be saved to look up the status of receiving and processing birth registration documents;

- In case the online birth registration application is incomplete, the system will have detailed instructions to complete this procedure. At this time, she followed the instructions from the system;

- Check mailboxes or phone numbers to receive notifications from competent authorities about the handling of administrative procedures;

- When you have an appointment to return results, bring the original documents for comparison when you come to receive the results at the People's Committee of the commune/ward/township;

- You should register your child's birth within 60 days from the date of birth;

- With ID card/CCCD, it is required to take 02 sides from the original or a certified copy from the original;

- Household registration book or temporary residence book taken from the original or a certified copy from the original;

- Marriage certificate must be taken from the original or a copy issued from the Original Book.

Regarding the adoption:

1. State policies and adoption purposes:

Adoption aims to establish a long-term and sustainable parent-child relationship, in the best interests of the adoptee, and to ensure that the adopted child is nurtured, cared for and educated in a safe family environment. Usually, adopted children are often abandoned children, orphans, and children with other special circumstances. Therefore, the State encourages organizations and individuals to provide humanitarian support for the upbringing, care and education of children with special circumstances and the State encourages the receipt of orphaned and abandoned children. Children with other special circumstances are adopted. Accordingly, in case a child is not brought up in the original family environment, relevant agencies, organizations and individuals are responsible for finding a replacement family for that child. In case someone adopts a child, the commune-level People's Committee of the place where the abandoned child is discovered shall consider and settle it in accordance with law.

 2. Authority to register for adoption:

The authority to register an adoption shall comply with the provisions of Article 9 of the Law on Adoption and the specific provisions on "cases where abandoned children who have not yet been transferred to a foster home are adopted". The commune-level People's Committee where the record of confirmation of the abandoned child's status is made shall register the adoption.

3. Registration of adoption needs:

Based on the above provisions, if you have a desire and meet all conditions to adopt a child according to the provisions of law (the top priority is given to infertile families who wish to adopt but have not yet found children to adopt as children) then register the need to adopt a child with the Department of Justice where he/she permanently resides so that the Department of Justice can refer the child to the commune-level People's Committee where the child is abandoned for consideration and settlement.

4. Conditions for adopters:

The adopters must meet the following conditions:

- Having full civil act capacity

- 20 years older than adopted children

- Having health, economic, and accommodation conditions to ensure the care, upbringing and education of adopted children

- Have good moral character

- Not being restricted in some rights of parents towards minor children

- Not currently serving an administrative handling decision at an educational institution or medical treatment facility

- Not serving a prison sentence.

- The criminal record has not been cleared for one of the crimes of intentionally infringing upon the life, health, dignity and honor of others; mistreating or abusing grandparents, parents, spouses, children, grandchildren, people who have merits to raise them; luring, coercing or harboring juveniles to violate the law; buying, selling, exchanging and appropriating children.

5. Dossier for adoption registration:

  - Giấy khám sức khỏe do cơ quan y tế cấp huyện trở lên cấp (nếu có)

Profile includes:

- Application for adoption

- Copy of Passport, People's Identity Card or a valid alternative document

- Judicial history card

- Written confirmation of marital status

- Health certificate issued by a district-level health agency or higher

- A written certification of family situation, accommodation status and economic conditions, issued by the People's Committee of the commune where the adopter permanently resides. - Health certificate issued by a district-level health agency or higher (if any)

- Two full body portraits looking straight ahead, taken no older than 6 months

- A written certification made by the People's Committee or the police station of the commune where the abandoned child is discovered, for abandoned children.

6. Order and procedures for registration of adoption:

Procedures for registration of adoption shall comply with the provisions of Article 22 of the Law on Adoption and the following specific provisions:

- The adoption registration is carried out at the headquarters of the commune-level People's Committee. When applying for adoption, the adoptive parents, guardians or representatives of the fostering facility and the person being adopted must be present.

- According to the above, when deeming that he/she (the adopter) and the person introduced for adoption (abandoned child) fully meet the conditions prescribed by the Law on Adoption, the People's Committee of commune the place where you (adopting person) resides (and/or where the child is abandoned) organizes the adoption registration, issues the adoption certificate to the sibling (adoptive parent) and records in civil status book within 20 days.

- Based on the adoption certificate, at the request of the adoptive parent (adoptive parent), the civil status registration agency has the authority to register the birth of the adopted child in accordance with the civil law. civil status law and practice.

- Every six months within 03 years, from the date of handover and adoption, the adoptive parent is responsible for notifying the People's Committee of the commune where he/she permanently resides about his/her health status. , physical, mental, integration of the adopted child (abandoned child) with his/her sibling (adoptive parent), family, community.

- In case the commune-level People's Committee refuses to register, it must reply in writing to the parent (adopting person) and clearly state the reason within 10 days.

   Regarding the child's biological parents requesting to receive the child back after the child completes the adoption procedure:

Article 24 (consequences of adoption) The Law on Adoption provides:

"1. Since the date of handover and adoption, between the adoptive parents and the adopted child, there are full rights and obligations of parents and children; between the adopted child and other members of the adoptive parent's family also have rights and obligations towards each other in accordance with the law on marriage and family, the civil law and other relevant laws. relate to.

2. ……..

3. ……..

4. Unless otherwise agreed between the natural parents and the adoptive parents, from the date of handover and adoption, the natural parents no longer have the rights and obligations to care for, nurture, support and represent at law, compensate for damage, manage and dispose of private property for adopted children”.

The law generally provides for the legal relationship between natural parents and adopted children, and between adoptive parents and adopted children since the above-mentioned adoption procedures are completed. But this is the case where the adoptive parent is an "abandoned child", the parties involved do not know the exact cause, the actual and objective circumstances why the child was abandoned (due to difficult circumstances of the child's parents, or the mother's mistake, or because the child's parents are impulsive and afraid of strict prejudices of the family and society, leading to temporary negative perceptions of the parents, or the pregnant mother. and arbitrarily abandoned the child without the child's biological father knowing...) Therefore, whether the biological parents can get their child back and whether or not a sibling loses custody of the child depends on many factors:

• 1. In essence, finding a replacement family to raise an abandoned child is implementing an alternative care plan in order to establish a long-term, sustainable parent-child relationship for the benefit of the child. the best of the adopted person, ensuring that the adopted child is raised, cared for and educated in a family environment. However, in relevant legal documents, there are provisions on children's moral rights; the right to identify and recognize the child's parents; the parents' right to identify and receive children; the right to reunite, contact and contact their biological parents; requirements for the performance of respite care.
• 2. The 2010 Law on Adoption provides that the adoption may be terminated in the cases specified in Clauses 3, 4, Article 25, specifically:
  • “3. The adoptive parents are convicted of one of the crimes of intentionally infringing upon the life, health, dignity and honor of the adopted child; mistreating and abusing adopted children;
  • 4. Violations specified in Clauses 1, 2, 3, 4, 7, Article 13 of this Law”.
• 3. When there are grounds, the natural parents of the child have the right to initiate a lawsuit to request the Court to issue a decision to terminate the adoption, based on the provisions of the Law on Adoption 2010 and the Law on Children 2016; consequences of termination of adoption shall comply with the provisions of Article 27 of the Law on Adoption 2010.
• 4. Labor, War Invalids and Social Affairs agencies and the Women's Union have the right to request the termination of adoption upon having one of the grounds specified in Clauses 2, 3 and 4, Article 25 of the Law on Adoption. 
• 5. The 2016 Law on Children provides for “termination of alternative care”,
  • 1. respite care terminates in the following cases: 
    • a) The individual or family receiving alternative care no longer fully satisfies the conditions for child care as prescribed in Clause 2, Article 63 of this Law;
    • b) Individuals or families receiving respite care violate the provisions of Article 6 of this Law, causing harm to children receiving alternative care;
    • c) Individuals or families receiving alternative care request termination of child care;
    • d) Children under alternative care intentionally seriously infringe upon the life, health, dignity and honor of the individual or family member receiving the alternative care;
    • e) Children return to reunite with their families when their families are safe and fully qualified to exercise children's rights.
  • 2. Where an individual or family member receiving respite care abuses a child, the child must be immediately removed from the individual or family receiving respite care and apply child protection measures according to prescribed in Article 50 of this Law.
  • 3. Where the child wants to terminate the alternative care, the competent agency, individual and the person receiving the respite care shall consider and decide to terminate the alternative care in the best interests of the children.
  • 4. The decision maker of alternative care has the authority to decide to terminate the alternative care.

 Therefore, to solve the case in a reasonable way, you should consult your child on this matter (in case he is enough 7 years old) and can discuss with his/her biological parents to take care of him/her, bring up the best child until he is an adult.

Answer:

Pursuant to Article 22 of Decree 31/2021/ND-CP on adjustment of investment incentives as follows:

• 1. Investment projects currently enjoying investment incentives and satisfying additional conditions for enjoying higher incentives or enjoying additional incentives in the form of new incentives will enjoy higher incentives or additional benefits. incentives in the form of new incentives for the remaining period.
• 2. Investors are not entitled to incentives specified in the Investment Registration Certificate, Decision on approval of investment policies or incentives determined by the investor in case the investment project does not satisfy the conditions for enjoying investment incentives specified in the Certificate of Investment Registration, Decision on Approval of Investment Policy, Decision on Approval of Investment Policy concurrently with Investor Approval, Decision on Investor Approval investors or do not meet the conditions for enjoying investment incentives determined by themselves. In case the investment project satisfies the conditions for enjoying other investment incentives, the investor is entitled to incentives according to such conditions.
• 3. During the incentive period, if the investment project does not satisfy the conditions for enjoying investment incentives for a period of time, the investor is not entitled to investment incentives for the time when the conditions for enjoying incentives are not satisfied.