LEGAL UPDATES






NEW REGULATIONS ON TAX DECLARATION, PAYMENT AND TEMPORARY PAYMENT
- 04-11-2022
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On October 30, 2022, the Government issued Decree No. 91/2022/ND-CP ("Decree 91") amending and supplementing a number of articles in Decree 126/2020/ND-CP ("Decree 126") detailing the Law on Tax Administration. Decree 91 has some notable changes as follows: Change on the method of determining the amount…
STATE BANK'S NEW POLICIES ON INTEREST AND EXCHANGE RATES TO LIMIT THE IMPACTS OF INFLATION AND USD VALUE RISING
- 28-10-2022
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In the context of the escalating international inflation trend and the sharp fluctuation on the US Dollar's exchange rate in recent years, the State Bank of Vietnam has synchronously coordinated monetary policy tools and solutions such as increasing interest rates and easing the fluctuation range of…
SOME EXTENDED LEGAL ISSUES RELATED TO A PRECEDENT ON VALIDITY RECOGNITION OF A CONTRACT IN BREACH OF FORMALITY
- 28-10-2022
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On October 14, 2022, the Chief Justice of the Supreme People’s Court issued Decision No. 323/QD-CA on the publication of 04 case laws governing different issues. In this Legal Updates, ATA Legal Services shall analyze and clarify the content of Case Law No. 55/2022/AL on the validity recognition of…
A CASE ON CHILD CUSTODY DISPUTE WHERE THE MOTHER SHALL NOT BE ENTITLED TO HAVE CUSTODY RIGHT OF HER UNDER-36-MONTH CHILD
- 28-10-2022
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On October 14, 2022, the Chief Justice of the Supreme People’s Court issued Decision No.323/QD-CA on the publication of 04 case laws. In particular, in the field of marriage and family, there is Case Law No. 54/2022/AL determining custody of children under 36 months old in cases where the mother did…
VARIOUS IMPORTANT CHANGES IN THE MANAGEMENT OF CHEMICAL PRODUCTION AND BUSINESS
- 21-10-2022
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Chemical production and trade is an industry having many implicit risks to health and the environment, requiring strict management of the State. In order to meet the management requirements in the new situation, the Government has recently issued Decree 82/2022/ND-CP ("Decree 82"), amending and supplementing…
REGULATIONS ON LATE RETIREMENT OF CADRES AND CIVIL SERVANTS
- 21-10-2022
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According to Article 169.2 of the 2019 Labor Code: "Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females by 2035". However, for some cadres and civil servants holding managerial positions, the retirement age will be higher…
THE HEAD OF THE GENERAL DEPARTMENT OF TAXATION IS NOT ALLOWED TO AUTHORIZE INFERIORS IN CITIZEN RECEPTION
- 21-10-2022
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On 14/10/2022, the Head of the General Department of Taxation issued Decision No. 1607/QD-TCT ("Decision 1607"), providing several new regulations on citizen reception at the headquarters of the General Department of Taxation, replacing Decision 06/QD-TCT ("Decision 06"). In which, the most notable…
NEW REGULATIONS ON COMPENSATION, SUPPORT AND RESETTLEMENT DUE TO THE GOVERNMENT’S LAND EXPROPRIATION
- 14-10-2022
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In order to facilitate the implementation of compensation, support and relocation, budget estimation for implementation plays a crucial role. Understanding that spirit, on October 5th, 2022, the Ministry of Finance issued Circular 61/2022/TT-BTC ("Circular 61") replacing Circular 74/2015/TT-BTC ("Circular…
FINANCIAL CADRES AND OFFICERS ARE ONLY ELIGIBLE FOR MANAGEMENT POSITIONS IN ENTERPRISES AFTER RESIGNING AT LEAST 12 TO 24 MONTHS
- 14-10-2022
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Under Article 17.2 of the 2020 Law on Enterprises and Article 40.6 of the 2012 Law on Cooperatives on subjects who are not allowed to establish and manage enterprises, cooperatives or cooperative unions, in which mentioning those whose positions and authorities as prescribed in the Anti-Corruption Law…
NEW REGULATIONS ON BANK GUARANTEE FOR HOUSES TO BE FORMED IN THE FUTURE
- 14-10-2022
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On September 30, 2022, the State Bank of Vietnam ("SBV") issued Circular No. 11/2022/TT-NHNN ("Circular 11") regulating the bank guarantee to replace Circular No. 07/2015/TT-NHNN dated 25/06/2015 and Circular No. 13/2017/TT-NHNN dated September 29, 2017 amending and supplementing a number of articles…
DETERMINATION OF ELECTRICAL TRANSMISSION PRICES FROM 11/22/2022
- 07-10-2022
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On 30/09/2022, the Ministry of Industry and Trade issued Circular 14/2022/TT-BCT (“Circular 14”) amending and supplementing several articles of Circular 02/2017/TT-BCT (“Circular 02”) on methods and procedures for establishment, appraisal and approval of electricity transmission prices. Circular 14…
DECREASE OF TRANSPORTATION BUSINESS FEES AND CHARGES FROM 01/10/022 TO 31/12/2022
- 07-10-2022
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In order to assist transport businesses in overcoing difficulties due to the impact of Covid-19, on September 29, 2022, the Ministry of Finance issued Circular 59/2022/TT-BTC (“Circular 59”) simultaneously reducing several fees and charges for transport business activities during the period from 01/10/2022…
ENHANCE FOREIGN EXCHANGE MANAGEMENT OF FOREIGN LOANS OF ENTERPRISES
- 07-10-2022
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On 30/9/2022, the State Bank of Vietnam (“SBV”) issued Circular No. 12/2022/TT-NHNN (“Circular 12”) guiding foreign exchange administration for foreign borrowing and foreign debt repayment of enterprises, replacing Circulars No. 03/2016/TT-NHNN dated February 26, 2016 (amended and supplemented by: Circular…
LEGAL SCHOOL DEVELOPMENT STRATEGY IN VIETNAM
- 07-10-2022
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In order to improve the training quality of professional legal training institutions in Vietnam, on 30/9/2022, the Prime Minister issued Decision No. 1155/QD-TTg approving the Project of “Continue to develop the Judicial Academy into a major center for training judicial titles” (“Decision 1155”) and…
CHANGES IN ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORTATION TOWARDS MINIMIZING STATE MANAGEMENT CLUES
- 30-09-2022
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On 24/8/2022, the Government issued Decree No. 56/2022/ND-CP (“Decree 56”), replacing Decree No. 12/2017/ND-CP (“Decree 12”) stipulating the functions, duties, authorities and organizational structure of the Ministry of Transport. Accordingly, from October 1, 2022, the organizational structure of the…