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Legal Knowledge

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Legal Alert – Issues 02 in Septembet 2020

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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National technical regulations on condominiums

On 31 December 2019, the Ministry of Construction issued QCVN 04: 2019/BXD in attachment to Circular 21/2019/TT-BXD on the National Technical Regulations on condominiums (“QCVN 04:2019/BXD”). Accordingly, QCVN 04: 2019/BXD will take effect on 31 December 2019 and feature some remarkable contents as follows: 1. Governing scope and subjects of application QCVN 04:2019/BXD prescribes the applicable technical requirements when building or rebuilding condominiums up to 150m in height or having up to 3 basements, including condominiums for residential and mixed-use purposes. For buildings over 150m high or with 4 basements or more, in addition to complying with QCVN 04:2019/BXD, technical requirements...

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Provisions related to the Covid-19 pandenmic

1. Regulations on measures to prevent and control the Covid-19 pandemic The COVID-19 pandemic broke out globally, affecting nearly 2 million people, killing over 126,000 people in 210 countries (Source: https://www.worldometers.info/coronavirus/ dated 15 April 2020) and territories and showing no sign of ending. In Vietnam, the number of infected cases increases rapidly day by day at a high risk of infection in the community. It is predicted that the pandemic will spread on a large scale, seriously threatening human life and health and the country’s socio-economic scenarios. In furtherance of the call of the General Secretary and President - Nguyen Phu...

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