Legal update on March 2022 (Part 2)

BLawyers Vietnam - Legal update

Our Vietnam Legal Update #201 would lead you on 03 legal issues:

I. Amending, supplementing several regulations on compulsory insurance in construction investment activities

The Government issued Decree No. 20/2022/ND-CP dated 10 March 2022 to amend, supplement several regulations of Decree No. 199/2015/ND-CP regulating compulsory insurance in construction investment activities. Some notable contents are as follows:

  • In addition to the compulsory insurance premium for the employees on the construction site, the compulsory civil liability insurance premium for third parties is also included in production and business costs.
  • Constructions that have a great impact on safety and community interests specified in Appendix X of Decree No. 15/2021/ND-CP are subject to compulsory insurance in construction investment activities.
  • Construction contractors must purchase compulsory insurance for the employees on the construction site and compulsory insurance for civil liability for third parties.
  • Adding regulations related to insurance period: The compulsory insurance period for third parties’ civil liability is a specific time, counting from the start date to the end date of the construction period, which is based on the construction contract and stated in the insurance contract.
  • Supplementing regulations on the minimum insurance amount for compulsory insurance of civil liability for third parties:
  1. The minimum insurance amount for damage to health and life is 100 million VND/person in one case and there is no limit to the number of cases.
  2. The minimum insurance amount for property damage and related legal costs (if any) is determined as follows:
    • For constructions valued at less than VND 1,000 billion, the minimum insurance amount for property damage and related legal costs (if any) is 10% of the construction value for the entire warranty period and there is no limit to the number of cases.
    • For constructions valued at VND 1,000 billion or more, the minimum insurance amount for property damage and related legal costs (if any) is VND 100 billion for the entire insurance period there is no limit to the number of cases.
  • This Decree takes effect on 01 July 2022.

II. Visa waiver for the foreign nationals

On 15 March 2022, the Government issued Resolution No. 32/NQ-CP on visa waivers for nationals of some countries. This Resolution includes the following main contents:

  • The visa waiver will apply to nationals of the Federal Republic of Germany, The French Republic, Italian Republic, Kingdom of Spain, The United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, Republic of Korea, Kingdom of Denmark, Kingdom of Sweden, Kingdom of Norway, Republic of Finland, and the Republic of Belarus.
  • Conditions for visa waiver: nationals of the above countries have a temporary stay for 15 days from the date of entry. Visa waiver regardless of visa types, entry purposes, with adequate eligibility criteria under Vietnamese laws.
  • The visa waiver for the nationals as specified in the above contents will last for three years from 15 March 2022 to 14 March 2025, the extension could be considered in accordance with Vietnamese laws.

III. Summary of articles published in March 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. Principles of applying Double Taxation Agreements in Vietnam: Being taxed twice will have a huge impact on the interests of taxpayers with foreign elements. BLawyers Vietnam introduces to readers the principles of applying double taxation agreements in Vietnam.
  2. Notes on Personal Income Tax (PIT) calculation for each type of income: BLawyers Vietnam will summarize how to process PIT calculation for each type of income as regulated.
  3. Determining the price for compensation for a state’s land retrieval – Perspective from a practical judgment: Along with the significant development in economies, the need for urban areas improvement, the construction of infrastructure, and new urban areas of provinces to serve the demand for housing and daily activities has also rapidly increased. For those projects to be implemented, the State needs to retrieve land and compensate pursuant to laws. In fact, many socio-economic development projects have been delayed due to disagreements in determining the price for compensation for land retrieval between land use rights and land-retrieving agencies. Through the article, BLawyers Vietnam provides readers with a perspective from a practical judgment on this issue.
  4. 03 notes on the conditions that foreigners must meet when adopting children in Vietnam? Blawyers Vietnam shall help you understand the conditions for foreigners to adopt children in Vietnam?
  5. Draft National Power Development Plan VIII – Is it a milestone of Vietnam’s renewable energy section? National Power Development Plan VIII is a plan focusing on the development of power sources, transmission power grids with the voltage of 220kV or higher in the period 2021-2030 and a vision to 2045. Vietnam shall prioritize developing clean energy, renewable energy accordingly. BLawyers Vietnam would like to summarize some highlights of the Draft PDP VIII updated to February 2022.
  6. What are the legal risks of foreign workers working in Vietnam without a work permit? Let’s find out these risks with Blawyers Vietnam to avoid being penalized according to the law.
  7. 07 types of licensing contract disputes commonly found in Vietnam? Licensing contract is one of the most used contracts in the field of Intellectual Property and there have been many disputes arising out of such contracts. Through this article, BLawyers Vietnam would like to present to readers about common disputes on licensing contracts in Vietnam.
  8. What are the legal reasons for restructuring an enterprise pursuant to labor laws? BLawyers Vietnam shall present 03 reasons for legally restructuring an enterprise in accordance with the labor laws.
  9. Penalties for breach of contract, what is a legal penalty agreement? BLawyers Vietnam shall let you know how a legal penalty agreement should be made.

For down-loading: 

Legal Update #201 (EN version)

Maybe you are interested in reading other Legal Update of BLawyers Vietnam: March 2022 (Part 1)February 2022 (Part 2)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) 

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