Legal update on August 2021 (Part 1)

BLawyers Vietnam - Legal update

Our Vietnam Legal Update #173 would lead you on 03 legal issues:

I. Transferring of common ownership part of the apartment building

On 27 July 2021, Bac Ninh Tax Department issued Official Letter No. 2111/CTBNI-TTHT on the transfer of shared ownership of the apartment building with the following contents:

  • Multi-owner apartment building refers to an apartment building owned by at least two owners, including the private part of each owner and the part under common ownership and common use by the owners.
  • For multi-owner apartment buildings, the owners shall be entitled to own and use privately-owned portions and shared portions according to the law on housing and the Regulation on management and use of apartment building of the Ministry of Construction.
  • According to the provisions of the law on real estate business and the current regulations on management and use of apartment buildings, apartment owners and other parties do not have the right to agree on the transfer of shared ownership of the apartment building (excluding the common corridor area, apartment elevators, garages, public toilets, garbage collection room). The above transfer is not permitted because apartment building owners only have the right to use the shared ownership and do not have the right to own or transfer it.

II. Specific regulations on essential goods and services

On 27 July 2021, the Ministry of Industry and Trade issued Official Letter No. 4481/BCT-TTTN with specific regulation on essential goods and services while the implementation Directive No. 16/CT-TTg on urgent measures to prevent, control the Covid-19 pandemic. The essential goods that are circulated when implementing the social distancing under Directive No. 16/CT-TTg include:

  • Food category (specified in the appendix attached to this official letter);
  • Category of raw materials for production (including items such as iron, steel, fertilizers, pesticides, animal food, etc.);
  • Fuel and energy category (such as petroleum, liquefied petroleum gas, coal, etc.);
  • Category of other goods according to local production and daily-life needs.

III. CIT incentives policy for new investment projects

The Tax Department of Hai Phong City issued Official Letter No. 1746/CTHPH-TTHT dated 19 July 2021 to answer the CIT incentives applied to new investment projects in the Economic Zone. The main contents are as follows:

  • CIT incentives given new enterprises derived from projects of investment only apply to incomes from business operations that satisfy incentive conditions written on the first enterprise’s Enterprise Registration Certificate or Investment Registration Certificate.
  • If the Enterprise Registration Certificate or Investment Registration Certificate of an operating enterprise is changed and such changes do not affect the fulfillment of conditions for tax incentives of the project, the enterprise is still given tax incentives for the remaining period or incentives for investment in expansion if conditions for incentives are satisfied.

For down-loading: 

Legal Update #173 (EN version)

Maybe you are interested in reading otherLegal Update of BLawyers Vietnam: July 2021 (Part 5)July 2021 (Part 4)July 2021 (Part 3)July 2021 (Part 2)July 2021 (Part 1)June 2021 (Part 4) | June 2021 (Part 3)June 2021 (Part 2) | June 2021 (Part 1)May 2021 (Part 4) | May 2021 (Part 3)


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