13 November

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Legal alert| Abolishing procedures for investment approval for a number of real estate projects

On November 5, 2020, the Government issued Resolution 164 / NQ-CP ("Resolution 164 / NQ-CP") on solving some problems in the implementation of urban construction investment projects pursuant to Decree 11/2013 / ND-CP dated January 14, 2013 of the Government on the management of urban development investment. Accordingly, no investment procedures as prescribed in Decree 11/2013 / ND-CP will be applied to investment projects on construction of urban areas in the following two cases: i.Projects for which investment policy has been decided by competent authorities under the 2014 Investment Law or approved for investment under the 2014 Housing Law; and ii.Projects that have...

Posted by ngocmai

in Legal Knowledge, Legal Updates

21 September

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Introduction to the Legal Alert released on September 20, 2020

In this Legal Alert, we would like to keep our readers informed of remarkable legal changes that have been summarized and analyzed from Official Letter 4308/BXD-HDXD issued by the Ministry of Construction and sent to People's Committees of centralized provinces and cities on the management of construction projects with condotels, officetels, resort villas and shophouses. Accordingly, the newsletter focuses on the legal regulations on providing additional legal corridors for management and transaction in the projects with condotels, officetels, resort villas and shophouses; at the same time, the newsletter analyzes some problems experienced during the management of such projects to provide investors...

Posted by ngocmai

in Legal Knowledge

21 September

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Additional legal corridors for management and transaction of the projects with condotels, officetels, resort villas and shophouses

On 03 September 2020, the Ministry of Construction issued Official Letter No. 4308/BXD-HDXD to People's Committees of centralized provinces and cities on the management over the investment and construction of the projects with condotels, officetels, resort villas and shophouses. Accordingly, Official Letter No. 4308/BXD-HDXD addresses the matters related to condotels, officetels, resort villas and shophouses with the following noteworthy key points: Regarding the legal corridor The Ministry of Construction reiterates and mentions the latest and most important legal corridor related to the management of investment and construction of condotels, officetels, resort villas and shophouses as follows: Decision No. 3720/QD-BVHTTDL dated 28 October...

Posted by ngocmai

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18 August

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Some new regulations in insurance business activities

On November 01, 2019, the Government issued Decree 80/2019/ND-CP (Decree 80) amending and supplementing Decree 73/2016/ND-CP and Decree 98/2013/NĐ-CP on the insurance business field. Accordingly, Decree 80 amends and supplements some contents as follows: 1. Insurance auxiliary services Insurance auxiliary services are an integral part of insurance business activities recognized in Law on insurance business and the amended Law on intellectual property 2019. The individuals who directly conduct insurance auxiliary activities must satisfy the following requirements on diplomas and certificates: Insurance consultancy activities: possess a university or higher degree in insurance major, or a university or higher degree in another major and a certificate...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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Tax debt relief, elimination of penalties and late payment of taxes within 3 years from

On 26 November 2019, the National Assembly issued Resolution No. 94/2019/QH14 on tax debt relief, elimination of penalties and late payment of taxes of taxpayers who are unable to fulfil the tax to the State budget (“the Resolution No. 94”). The Resolution takes effect from 01 July 2020 and is implemented within 3 years from the effective date. According to Article 4 of the Resolution No. 94 stated that the subjects who are not unable to pay the debt of taxes, including taxpayers owing taxes, penalties for late payment, and late payment in one of the cases as below, arising before...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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07 compulsory standards applying a remote digital signing model

On 05 December 2019, the Ministry of Information and Communications issued Circular 16/2019/TT-BTTTT (“Circular 16”) on promulgating the list of mandatory standards applicable on digital signatures and digital signature certification services under the digital model on mobile devices and remote digital signatures. Circular 16 will take effect from 01 April 2020. Accordingly, standards applicable to digital signatures and digital signature certification services under the remote digital signature model include the following seven (07) types: Standard for cryptography and digital signature; Standard for data information; Policy standards and digital signature authentication The standard protocol for storing and retrieving digital certificates; Standard for...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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Amending the provision on management of medical equipment

On 01 January 2020, the Government issued Decree 03/2020/ND-CP amending and supplementing Article 68 of Decree No. 36/2016/ND-CP dated 15 May 2016 on management of medical equipment amended and supplemented by the Governmental Decree No. 169/2018/ND-CP dated 31 December 2018 amending and supplementing a number of articles of Decree No. 36/2016/ND -CP dated 15 May 2016 of the Government on management of medical equipment. Accordingly, Decree 03/2020/ND-CP amends and supplements Clauses 5, 6 and 11 of Article 68 of Decree No. 36/2016/ND-CP amended and supplemented by Decree No. 169/2018/ND-CP as follows: Article 68.5 is amended as follows: The licenses to import medical...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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Operation of insurance agents in credit institutions

On 31 December 2019, the State Bank issued Circular No. 37/2019/TT-NHNN on guiding credit institutions and branches of foreign banks to act as insurance agents for insurance enterprises. ("Circular 37/2019"). Circular 37/2019 takes effect on 02 March 2020. Accordingly, a credit institution as insurance agents may conduct the following activities: Client referral: the credit institution may refer a client who would like to purchase insurance to the insurance enterprise. Insurance offer: the credit institution may offer insurance and explain terms and conditions of insurance products to clients who would like to purchase insurance; or offer insurance via electronic or online methods or other methods in...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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Activities of Bailiffs

On 08 December 2019, the Government issued Decree 08/2020/ND-CP on the organization and operation of Bailiffs (“the Decree 08/2020”). Accordingly, Bailiffs are allowed to carry out 04 activities as follows: Document delivery Making a bailiff certificate Verification of civil judgment enforcement conditions Organizing enforcement of the Courts’ judgments and decisions 1. Document delivery The Bailiffs are entitled to deliver the following documents: papers, dossiers, documents of the People’s Courts, the People’s Procuracies, the enforcement agencies; papers, dossiers, documents of the authorities with foreign competence related to legal assistance in the civil field. The document delivery is considered completed when the...

Posted by Anh Quỳnh

in Legal Knowledge

18 August

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From 01 April 2020, tenants of official residences will not be fined for lending them to others.

On 17 February 2020, the Government issued Decree 21/2020/ND-CP on amending and supplementing a number of Articles of the Government’s Decree 139/2017/ND-CP dated 27 November 2017 on penalties for administrative violations against regulations on investment and construction; extraction, processing and trading of minerals used as building materials; management of infrastructural constructions; real estate business, housing development, management of the use of houses and public buildings (“Decree 21/2020”). Accordingly, Decree 21/2020 will take effect on 01 April 2020 and has some remarkable contents as follows: 1. To amend and supplement a number of articles of Decree 139/2017/ND-CP A fine of between VND...

Posted by Anh Quỳnh

in Legal Knowledge