Weekly legal update

MORE CONVENIENT IN PROVING CONDITIONS WHEN SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS

  • 01-03-2024
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On February 23, 2024, the Minister of Labor, Invalids and Social Affairs issued Circular No. 02/2024/TT-BLĐTBXH ("Circular 02") amending Circular No. 21/2021/TT-BLĐTBXH detailing certain provisions of the Law on Vietnamese workers working abroad under contracts ("Circular 21"). Below are some noteworthy…

NOTABLE POINTS ON LAND PRICE DETERMINATION FROM FEBRUARY 5, 2024

  • 23-02-2024
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On February 5, 2024, the Government issued Decree 12/2024/ND-CP (“Decree 12”) amending and supplementing a number of articles of Decree 44/2014/ND-CP dated May 15 /2024 on land prices (“Decree 44”). In ATA's opinion, Decree 12 has basically resolved the problems in determining current land prices. In…

THE O&M CONTRACT SIGNING ENTITY FOR HIGHWAY PROJECTS MUST PAY THE CONTRIBUTION VALUE TO THE STATE BUDGET IMMEDIATELY IN THE FIRST YEAR AFTER SIGNING THE CONTRACT

  • 26-01-2024
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On December 31, 2023, the Ministry of Transport issued Circular No. 55/2023/TT-BGTVT ("Circular 55") guiding certain aspects of investment projects using the public-private partnership (PPP) method, specifically focusing on the business-management contract for expressway operation and maintenance projects…

MANY SOLUTIONS AND TARGETS ARE APPROVED FOR ECONOMIC STABLE RECOVERY AND DEVELOPMENT IN 2024

  • 26-01-2024
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The economy of Vietnam and the world has experienced 2023 with many difficulties and challenges, in which real estate enterprises and the real estate market are among the most negatively affected; entering 2024 in the context of difficulties still existing and positive signs not clear, the Government…

REDUCTION OF CERTAIN CONDITIONS AND ADMINISTRATIVE PROCEDURES FOR THE LEGAL PRACTICE FIELD

  • 26-01-2024
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On January 19, 2024, the Prime Minister issued Decision 87/QD-TTg approving a plan to reduce and simplify regulations related to business activities within the scope of management functions of the Ministry of Justice (“Decision 87”). Decision 87 has a number of notable contents for law-practicing organizations…

STATE MEDICAL FACILITIES ARE ALLOWED TO LEASE ASSETS AND MEDICAL AND NON-MEDICAL SERVICES

  • 19-01-2024
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On January 9, 2023, the National Assembly issued the amended Law on Medical Examination and Treatment, effective from January 1, 2024 ("Law on Medical Examination and Treatment 2023"). This law introduces various mechanisms to enhance the quality of healthcare services provided by medical facilities…

INSTRUCTIONS FOR TRANSFERRING ELECTRICAL WORKS IN URBAN AND RESIDENTIAL PROJECTS TO VIETNAM ELECTRICITY (EVN)

  • 19-01-2024
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On January 10, 2024, the Government issued Decree 02/2024/ND-CP stipulating the transfer of power projects that are public assets to Vietnam Electricity - EVN ("Decree 02"); in particular, including electrical works belonging to technical infrastructure for common use in urban projects, residential…

ONLY LEGAL ENTITIES ARE ENTITLED TO PURCHASE STATE-OWNED CAPITAL CONTRIBUTIONS IN TRANSFORMED AGRICULTURAL/ FORESTRY COMPANIES

  • 19-01-2024
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On January 12, 2024, the Government issued Decree No. 04/2024/NĐ-CP (“Decree 04”), amending and supplementing certain provisions of Decree No. 118/2014/NĐ-CP (“Decree 118”) on the reorganization, innovation, and development to enhance the efficiency of agricultural and forestry companies. Decree 04…

GUIDANCE ON THE CONTENT AND METHOD OF WRITING NUTRITIONAL INGREDIENTS AND NUTRITIONAL VALUE ON PACKAGED FOOD LABELS

  • 12-01-2024
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According to the provisions of Decree No. 111/2021/ND-CP, nutritional ingredients, and nutritional value of food have been regulated as one of the mandatory contents that must be shown on food labels. However, currently units are still doing it arbitrarily, without following any specific, official instructions.…

OFFICERS AND CIVIL SERVANTS AT THE STATE BANK OF VIETNAM LEAVING THEIR POSITION SHALL NEED THE 'WAITING PERIOD" BEFORE OFFICIALLY JOINING ENTERPRISES

  • 12-01-2024
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According to Circular 20/2023/TT-NHNN dated December 29, 2023, of the State Bank of Vietnam ("Circular 20"), it regulates the list of areas within the management scope of the State Bank of Vietnam and the waiting period during which individuals with positions and authorities are not allowed to establish…

SOME NEW REGULATIONS CREATE FAVORABLE CONDITIONS FOR INDIVIDUALS AND ORGANIZATIONS TO BORROW CAPITAL FROM BANKS

  • 12-01-2024
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On December 29, 2023, the State Bank of Vietnam issued Circular 22/2023/TT-NHNN ("Circular 22") amending and supplementing several articles of Circular 41/2016/TT-NHNN ("Circular 41") dated December 30, 2016, of the State Bank of Vietnam regulating capital adequacy ratios for banks and foreign bank…

EMPLOYEES WORKING IN AN ORGANIZATION WITHOUT A REPRESENTATIVE ARE ENTITLED TO ACTIVELY APPLY FOR UNEMPLOYMENT INSURANCE BENEFITS

  • 12-01-2024
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Protecting workers' rights in the context of the ongoing wave of "reduction" is one of the priorities of the State. On December 29, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH amending and supplementing an article of Circular 28/2015/TT-BLDTBXH on…

SOME DISCUSSIONS ABOUT DIVIDEND PAYMENT OBLIGATIONS OF ENTERPRISES

  • 10-01-2024
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(*) This work is based on the knowledge, experience, and perspective of ATA Legal Services' team. The arguments given herein are not meant to guarantee or firmly determine the successful application in practical situations. Should you have any queries on a case-by-case basis, please contact us for assistance.…

DISPUTE RESOLUTION MECHANISM FOR MEDICAL COMPLICATIONS THAT CAUSE DIFFICULTIES FOR PATIENTS AND THEIR FAMILIES

  • 05-01-2024
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On January 9, 2023, the National Assembly issued the Law on Medical Examination and Treatment No. 15/2023/QH15 (“Law on Medical Examination and Treatment 2023”). The law will take effect from January 1, 2024. Recently, on December 31, 2023, the Ministry of Health issued Circular No. 32/2023/TT-BYT (“Circular…

REMOVE 2 CASES WHERE IMPORTED GOODS MAY CONSIDERED TO BE EXEMPTED FROM APPLYING TRADE REMEDIES

  • 05-01-2024
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Trade remedies are measures that a country uses to create a fair competitive environment between imported goods and domestically produced goods through import restrictions on one or several types of imported goods being dumped or receiving sudden increases in subsidies, causing or threatening to cause…