Others

THE VALIDATION OF CONTRACTS FOR THE CONVEYANCE OF LAND USE RIGHTS WHICH WERE NOT NOTARIZED DUE TO VIOLATIONS OF PARCEL SUBDIVISION CONDITIONS

11

mo.10

On September 10, 2024, the Supreme People's Court of Vietnam issued Official Dispatch No. 163/TANDTC-PC ("Official Dispatch No. 163") providing guidance to the People's Courts on resolving certain judicial challenges. Notably, the letter includes new guidelines in the civil law area, such as: 1. The…

HANOI: FROM OCTOBER 7, 2024, LAND CAN ONLY BE DIVIDED IF THE AREA IS 50M² OR MORE

04

mo.10

In order to concretize and implement the new land policy as prescribed by the Vietnamese Land Law 2024, Hanoi People's Committee has promulgated Decision No. 61/2024/QD-UBND on September 27, 2024 (“Decision No. 61”), which regulates several land-related matters within Hanoi. ATA Legal Services has summarized…

PUBLIC SERVICE UNITS SHALL BE MANAGED MORE STRICTLY WHEN USING THE PUBLIC ASSETS FOR BUSINESS PURPOSES

04

mo.10

On September 15, 2024, the Government issued Decree 114/2024/ND-CP ("Decree No. 114"), amending and supplementing certain provisions of Decree 151/2017/ND-CP ("Decree No. 151") detailing certain provisions of the Law on Management and Use of Public Property. Essentially, Decree No. 114 aims to enhance…

FROM JANUARY 1, 2025, LISTED ORGANIZATIONS AND LARGE-SCALE PUBLIC COMPANIES MUST DISCLOSE INFORMATION SIMULTANEOUSLY IN VIETNAMESE AND ENGLISH

27

mo.09

On September 18, 2024, the Ministry of Finance issued Circular No. 68/2024/TT-BTC (“Circular 68”), which amends and supplements several provisions regarding securities transactions on the trading system, clearing and settlement of securities transactions, the operations of securities companies, and…

 INVESTORS TRANSFERRING THEIR CAPITAL IN PROJECT ENTERPRISES MUST MEET THE SAME CONDITIONS AS IN THE CASE OF PROJECT TRANSFERS

20

mo.09

  Effective September 16, 2024, Vietnam's government introduced Decree No. 115/2024/NĐ-CP (Decree No. 115) to streamline the bidding process for land-use projects. This new decree replaces Decree 25/2020/NĐ-CP and offers substantial updates to align with the 2024 Law on Bidding. ATA will delve into…

ENHANCING THE OBLIGATIONS OF PROJECT INVESTORS IN CONSTRUCTION PROJECTS ON AGRICULTURAL LAND DESIGNATED FOR RICE CULTIVATION

13

mo.09

On September 11, 2024, the Government issued Decree 112/2024/ND-CP detailing on Agricultural Land Designated for Rice Cultivation ("Decree 112") replacing Decree 35/2015/ND-CP ("Decree 35"). Due to the important role of rice cultivation in ensuring food security in our country, Decree 112 supplements…

The issuance of criminal record certificates through the VNeID application will be implemented nationwide starting from October 1, 2024.

06

mo.09

At the regular meeting in February 2024, the Government approved the pilot issuance of criminal record certificates via the VNeID application in Hanoi and Thua Thien Hue. To further facilitate citizens and enhance the application of e-government in daily life, on August 24, 2024, the Prime Minister…

Japanese employees present in Vietnam for less than 183 days who receive income paid by a permanent establishment in Vietnam are still required to pay Personal Income Tax (PIT) in Vietnam.

06

mo.09

In Official Letter No. 7012/CTDAN-TTHT dated August 19, 2024, the Da Nang City Tax Department provided guidance on Personal Income Tax (PIT) for Japanese employees earning income from working in Vietnam as follows: Employees sent by the parent company in Japan who earn income from working in Vietnam…

Foreigners who rent houses in Vietnam for 183 days or more in a year are considered residents of Vietnam.

06

mo.09

In Official Letter No. 6964/CTDAN-TTHT dated August 14, 2024, the Da Nang City Tax Department provided guidance on Personal Income Tax (PIT) and family deduction registration as follows: A foreign individual is considered a resident of Vietnam if they meet one of the following conditions: (i) They have…

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT REQUESTS THE PEOPLE'S COMMITTEES OF THE PROVINCES TO PROACTIVELY ADJUST THE LAND PRICE TABLES IN LINE WITH ACTUAL CONDITIONS FOR APPLICATION UNTIL THE END OF 2025.

06

mo.09

The 2024 Land Law stipulates that the land price tables issued by the provincial People's Committees, in accordance with Land Law No. 45/2013/QH13, will continue to be applied until December 31, 2025. However, using the outdated land price tables (at significantly low levels) as the starting prices…

GUIDELINES FOR DECLARING AND PAYING VAT ON TRANSFERRING OF THE CERTIFIED EMISSION REDUCTIONS (CERS)

23

mo.08

On August 1, 2024, the General Department of Taxation issued Official Letter No. 3390/TCT-CS in response to the Gia Lai Provincial Tax Department regarding the VAT policy applicable to the transfer of Voluntary Emission Reduction (VER) certificates ("Official Letter 3390"). VER is described as a credit…

FOREIGN ORGANIZATIONS AND INDIVIDUALS ARE ALLOWED TO OWN A MAXIMUM OF 250 INDEPENDENT HOUSES IN AN AREA WITH A POPULATION OF 10,000 PEOPLE

02

mo.08

On July 24, 2024, the Government issued Decree No. 95/2024/ND-CP detailing the 2023 Housing Law ("Decree 95") to replace Decree No. 99/2015/ND-CP ("Decree 99"). In general, compared to Decree 99, Decree 95 adds more mechanisms to create more homeownership opportunities for citizens and better ensure…

STRENGTHENING DECENTRALIZATION OF AUTHORITY IN THE PROCESS OF MANAGING STATE CAPITAL REPRESENTATION IN ENTERPRISES

02

mo.08

On July 25, 2024, the Government issued Decree No. 97/2024/ND-CP ("Decree 97") amending and supplementing certain articles of Decree No. 10/2019/ND-CP ("Decree 10") on the exercise of rights and responsibilities of the State's owner representative. Decree 97 introduces several noteworthy new points…

THE LAWS ON LAND, HOUSING, REAL ESTATE BUSINESS, AND CREDIT INSTITUTIONS WILL OFFICIALLY TAKE EFFECT FROM 1ST AUGUST, 2024

26

mo.07

On June 29, 2024, the National Assembly officially enacted Law No. 43/2024/QH15 ("Amendment Law") amending and supplementing certain provisions of the Land Law No. 31/2024/QH15 ("Land Law"), Housing Law No. 27/2023/QH15 ("Housing Law"), Real Estate Business Law No. 29/2023/QH15 ("Real Estate Business…

SPECIFIC MANAGEMENT CONTENTS TO BE DECENTRALIZED TO HO CHI MINH CITY FOR PILOTING

19

mo.07

On June 24, 2023, the National Assembly passed Resolution 98/2023/QH15 ("Resolution 98") on piloting certain special mechanisms and policies for the development of Ho Chi Minh City (Resolution 98 has been updated by ATA at https://ata-legal.com/various-specific-policies-are-designed-for-ho-chi-minh-city-with-the-objective-of-developing-the-city-according-to-the-tod-model-prioritizing-the-attraction-of-strategic-investors-for-industrial-high-tech-and-transportation-infrastructure-projects…