Legal update on December 2020 (Part 3)

Legal updates of BLawyers Vietnam

Our Vietnam legal update #142 would lead you on 03 legal issues:

I. Some notable new points of Law on Residence 2020

Law on Residence No. 68/2020/QH14 approved by the National Assembly on 13 November 2020 with 7 chapters and 38 articles, shall take effect from 01 July 2021 with the following notable new points:

  • Residence information must be updated to the National Population Database and the Residence Database in accordance with laws. The granted household registration books and temporary residence books are still used and are valid as papers and documents certifying the residence until 31 December 2022.
  • There are no longer separate conditions when entering the household registration book of centrally run cities. Citizens may register for permanent residence at some lawful accommodations if they satisfy statutory conditions in the following cases:

(i) Accommodations under their ownership;

(ii) Accommodations do not under their ownership if they are agreed by head of household and legal owner of such accommodations.

(iii) Rental, borrowed, temporary accommodations;

(iv) Beliefs, religious establishments with sub-constructions are houses;

(v) Social assistance institutions if the heads agree or accommodations of caring, bringing up household with the consent of the head of household and the legal owner for the persons being cared or brought up; or

(vi) Means for people living and working itinerant on those means.

II. Some highlights of Law on International agreements 2020

On 13 November 2020, the National Assembly of Vietnam passed Law on International agreements No. 70/2020/QH14, effective from 01 July 2021. In which there are some highlights as follows:

  • International agreement means a written agreement on international cooperation between a Vietnamese contracting party within the scope of its functions, duties and powers with that of a foreign contracting party, which does not rise, change or terminate the rights and obligations of the Socialist Republic of Vietnam according to international law.
  • International agreements are not international treaties, and cannot use the specific names of international treaties, including treaties, convention.
  • The international agreement must have a Vietnamese copy. If there is other agreement between the parties, the Vietnamese party shall be responsible for translating this international agreement into Vietnamese.
  • Notably, for a foreign contracting party, except for agencies and organizations of foreign state and governments, signatories also include foreign individuals, organizations and legal entities established under the foreign law or other international organization.

III. Conditions for off-plan real estates to be put into business

The Ministry of Construction issued Official Letter No. 5553/BXD-QLN dated 18 November 2020 providing guidance on conditions for off-plan real estates to be put into business which are related to land use right certificates with the following content:

  • One of the conditions for off-plan real estates to be put into business is to have a certificate of land use rights as prescribed in the law on land:
    1. In case the State allocates the land, a decision on land allocation is required;
    2. In case of the State leases the land, a contract on land use right leasing is required; or
    3. In cases the land is not leased or allocated by the State, the current stable land user must be issued a Certificate of land use rights, ownership of houses and other assets attached to land.
  • Regarding the responsibilities of the real estate project investor, the seller is responsible for fulfilling financial obligations to the State in accordance with the law. At the same time, the act of failing to perform or not fully fulfilling financial obligations to the State is strictly prohibited.

For down-loading: 

Legal Update #142 (EN version)

See other Vietnam legal updates: December 2020 (P2) | December 2020 (P1) | November 2020 (P4) | November 2020 (P3)November 2020 (P2) | November 2020 (P1) | October 2020 |September 2020 | August 2020 | July 2020 | June 2020 | May 2020 | April 2020 

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