Weekly legal update

AUTHORITY AND PROCEDURES FOR DECISION ON THE REPURPOSING OF PRODUCTION FOREST AREAS FROM 50 HA TO UNDER 1000 HA IN KHANH HOA PROVINCE

  • 25-11-2022
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On 16 June 2022, the National Assembly issued Resolution No. 55/2022/QH15 (“Resolution 55”) on trialling some mechanisms and policies exclusively on the development of Khanh Hoa. Relating to the land management, clause 1 Article 5 of the Resolution 55 presented a mechanism as follows: the People’s Council…

THE MINISTRY OF JUSTICE HAS ANNOUNCED NEW ADMINISTRATIVE PROCEDURES RELATED TO CIVIL STATUS

  • 18-11-2022
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On November 14, 2022, the Ministry of Justice issued Decision No. 2228/QD-BTP (“Decision 2228”) on the announcement of new and adjusted administrative procedures to be carried out at civil status registration offices under the management of the Ministry of Justice. Basically, the settlement of administrative…

INFORMATION PROVISION MECHANISM ON THE FTA PORTAL

  • 18-11-2022
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Free Trade Agreements (FTAs) bring abundant advantages in commercial activities for participating member countries. As of early 2022, Vietnam has joined 15 FTAs ​​with various countries and territories around the world. In order to assist in accessing information, technical standards, and regulations…

SIMPLIFY TYPES OF REPORT AND REPORTING FORMS FOR COMMERCIAL BANKS AND FINANCIAL INSTITUTIONS

  • 18-11-2022
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On 12 May 2020, the Government issued Resolution 68/NQ-CP on the program to cut down and simplify regulations related to business activities in the period of 2020 - 2025. In order to deploy such Resolution, regarding business activities under the management of the State Bank of Vietnam, on 8 November…

MULTIPLE INCENTIVES FOR THE DEVELOPMENT OF INLAND WATERWAY TRANSPORTATION IN THE NEW STAGE

  • 18-11-2022
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On November 9, 2022, the Prime Minister issued Decision No. 21/2022/QD-TTg (“Decision 21”) on mechanisms and policies to encourage the development of inland waterway transportation, replacing Decision No. 47/2015/QD-TTg on the same content (“Decision 47”). Previously, Decision 47 provided various encouragement…

TAX DUTY OF ENTERPRISES AFTER THE EXTRACTION AND USE OF SCIENCE AND TECHNOLOGY DEVELOPMENT FUND

  • 11-11-2022
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According to Joint Circular No. 12/2016/TTLT-BKHCN-BTC dated June 28, 2016 guiding the expenditure and management of the "Science and technology development fund" (hereinafter referred to the “Fund”), enterprises are allowed to choose the fund allocation amount within 10% of pre-tax income in the period…

NEW REGULATIONS IN DETERMINING THE ELECTRICITY GENERATION PRICE RANGE

  • 11-11-2022
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On November 8, 2022, the Ministry of Industry and Trade issued Circular 31/2022/TT-BCT (“Circular 31”) amending Circular 57/2014/TT-BCT and Circular No. 57/2020/TT-BCT stipulating on the method and procedure for formulating and promulgating the electricity price range and the price determination method…

THE MINISTRY OF PLANNING AND INVESTMENT PROPOSED TO SUPPLEMENT PUBLIC INVESTMENT ESTIMATION TO SUPPORT SMALL AND MEDIUM ENTERPRISES

  • 11-11-2022
  • 519
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Subsidy for interest rate offsetting and management fees to policy banks is the allocation of public investment capital for supporting policy banks to offset the difference in interest rates and management fees for loans of policy beneficiaries as prescribed by law, including small and medium-sized…

NOTABLE POINTS ON THE TAX DEBT MANAGEMENT PROCESS

  • 04-11-2022
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On October 24, 2022, the Head of the General Department of Customs issued Decision No. 2317/QD-TCHQ (“Decision 2317”) on the management of tax debt and other receipts for exported and imported goods. Decision 2317 replaces Decision No. 1503/QD-TCHQ (“Decision 1503”) dated May 18, 2018 and has the following…

NEW REGULATIONS ON SECURITY ASSETS FOR SPECIAL LOANS OF THE STATE BANK

  • 04-11-2022
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On October 28, 2022, the State Bank of Vietnam (“SBV”) issued Circular No. 13/2022/TT-NHNN (“Circular 13”) amending and supplementing a number of articles of Circular No. 08 /2021/TT-NHNN (“Circular 08”) dated July 6, 2021 prescribing special lending to credit institutions placed under special control…

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…