Our Vietnam Legal Update #199 would lead you on 03 legal issues:
I. Guidance on investment supervision and assessment for foreign investment activities in Vietnam
On 14 February 2022, the Ministry of Planning and Investment issued Circular No. 02/2022/TT-BKHDT to guide investment supervision and assessment for foreign investment activities in Vietnam. Some notable contents are as follows:
- Foreign investors and foreign-invested economic organizations shall monitor and evaluate investment projects by themselves according to the provisions of Articles 70, 74, and 96 of Decree No. 29/2021/ND-CP.
- Foreign investment activities are monitored by the competent authority in two ways: Regular monitoring and planned monitoring.
- Foreign investment activities will be monitored by an officer assigned by the state management authority. Thematic monitoring will be carried out according to the plan of the state management authority on the investment.
- Contents of inspection of economic organizations and foreign-invested projects include:
- The schedule of charter capital contribution and disbursement of registered investment capital; the situation of legal capital contribution (for business lines and fields where legal capital is regulated); the total contributed investment capital and the ratio compared to the total registered investment capital;
- Project deployment progress; the implementation of investment objectives of the project; the implementation of commitments and meeting investment conditions, market access conditions, conditions for enjoying investment incentives, investment support of investors when the project comes into operation.
- The fulfillment of financial obligations to the state.
- The implementation of regulations on labor, foreign exchange management, environment, land, construction, fire prevention, and fighting, and other specialized regulations;
- The financial situation of foreign-invested economic organizations;
- The compliance of regulations on investment monitoring and evaluation conditions and reporting and statistical regimes as prescribed;
- The implementation of measures to handle detected violations; and
- Some other contents depend on specific cases stated in this Circular.
- The Circular will take effect on 01 April 2022.
II. National program on occupational safety and health for the period of 2021 -2025
On 16 February 2022, the Government issued Resolution No. 19/NQ-CP on the promulgation of the National Program on occupational safety and health for the period 2021-2025 (the “Program”). The Resolution has the following main contents:
- Setting general and specific goals by 2025 related to occupational safety and hygiene. In which, the general goals including:
- Taking care of improving working conditions;
- Preventing occupational accidents and occupational diseases, taking care of employees’ health; and
- Ensuring the safety of life for employees, property of the State, property of enterprises and organizations, contributing to the sustainable development of the country.
- The Program is deployed nationwide to all occupations, state management of occupational safety and health, employees, and employers. The Program is prioritized for implementation in industries and jobs with a high risk of occupational accidents, occupational diseases, small and medium enterprises, cooperatives, and craft villages.
- Setting the key tasks and solutions to implement the Program:
- Improving the system of policies and laws and improving the capacity of inspection, examination, supervision, and public service provision on occupational safety and health;
- Strengthening information, educating, and training to raise awareness of occupational safety and hygiene;
- Promoting research, advice, support to improve working conditions, prevention of occupational accidents and occupational diseases;
- Strengthening international cooperation activities; and
- Managing, monitoring, and evaluating the implementation of the Program.
III. Summary of articles published in February 2022
Below are the articles that were published on the BLawyers Vietnam’s website this month. Please click on the links below to see more.
1. Digital signatures in signing labor contracts: Nowadays, entering into electronic labor contracts is becoming a trend when the use of labor is not limited geographically. Through this article, BLawyers Vietnam discusses the legal issues of digital signatures when concluding this type of contract.
2. Must-have contents in a Prospectus: A prospectus (disclosure statement) is a document or electronic data that discloses information related to an organization’s offering or listing of securities. This document is an indispensable document in the registration of a public offering of securities and serves as an invitation to the public to know about, invest in, or buy the company’s securities. BLawyers Vietnam discusses the required contents in the prospectus according to regulations.
3. Environmental protection issues in solar power projects: The development of clean electric energy from the sun is becoming a trend in the current development period. However, the waste generated from this process can also be a source of heavy pollution. Blawyers Vietnam discusses this issue based on the regulations of Vietnamese law.
4. What factors will affect the outcome of labor dispute settlement at the Court? BLawyers Vietnam helps readers better understand the issues that a Judge will consider when making a decision to resolve a labor dispute.
5. Case Law No. 03/2016/AL – Can real estate given by parents-in-law during the marriage be considered as common property? The issue of property division of husband and wife after divorce always exists contradictions and disputes, especially the determination of common property formed during the marriage. BLawers Vietnam discusses the Court’s case law related to this issue.
6. Income tax: Residents and non-residents in Vietnam: To be able to properly determine personal income tax liability, it is important to identify individuals residing and not residing in Vietnam. BLawyers Vietnam raises several related issues.
Maybe you are interested in reading other Legal Update of BLawyers Vietnam: February 2022 (Part 1) | January 2022 (Part 3) | January 2022 (Part 2) | January 2022 (Part 1) | December 2021 (Part 5) | December 2021 (Part 4) | December 2021 (Part 3) | December 2021 (Part 2) | December 2021 (Part 1) | November 2021 (Part 4) | November 2021 (Part 3)