Legal update on May 2021 (Part 4)

BLawyers Vietnam - Legal update

Our Vietnam legal update #163 would lead you on 03 legal issues:

I. Preliminary assessment of environmental impacts

On 21 May 2021, the Government issued Decree No. 54/2021/ND-CP stipulating on the preliminary assessment of environmental impact with the following contents:

Environmental impact assessment (“EIA”) objects consist of the investment projects subject to the list responsible for the preparation of EIA report in one of the following cases:

  • Public investment projects (except for urgent public investment projects, public investment projects belonging to national target programs, Constituent projects belonging to those projects already obtaining the competent authority’s decisions on investment policy decisions, the task of preparing the investment, and the task of planning);
  • Investment projects under the form of public-private partnership (PPP project);
  • Investment project subject to approval for its investment guidelines in accordance with the law on investment;
  • Investment projects subject to the issuance of an Investment Registration Certificate, except for the case of issuance of an Investment Registration Certificate at the request of the investor.

Contents of preliminary environmental impact assessment include:

  • Assessing the suitability of the location of the investment project with the National Environmental Protection Strategy, the National Environmental Protection Plan, the content of environmental protection in the regional planning, the provincial planning, and the other relevant plans;
  • Identifying and forecasting the main environmental impacts of investment projects on the environment based on scale, production technology, and location of the project;
  • Identifying environmentally sensitive factors of the area where the investment project is implemented according to the location options (if any);
  • Analyzing, evaluating and selecting options on the scale, production technology, waste treatment technology, location of the investment project, and measures to minimize environmental impacts;
  • Identifying the main environmental issues and scope of environmental impacts that need to be considered during the implementation of the environmental impact assessment.

II. Recognition of consulting individuals and organizations in the network of consultants assisting small and medium-sized enterprises

On 17 May 2021, the Ministry of Planning and Investment issued Decision No. 632/QD-BKHDT about fields, criteria, and regulations on recognition of consulting individuals and organizations in the network of consultants assisting small and medium-sized enterprises (the “Network”). Some notable contents are:

Consulting field of planning and investment industry (the “Field”) include:

  • Consulting on the establishment and operating of the enterprise.
  • Consulting on management and development of enterprise.
  • Consulting on the digital transformation of the enterprise.
  • Consulting on investment.
  • Consulting on bidding.
  • Consulting on financial access.

Criteria on recognition of consulting individuals and organizations in the Network:

For individuals:

  • Having the full legal capacity of natural persons, professional ethics and not being in a state of criminal prosecution or being applied administrative penalty in the field of consulting;
  • Having a bachelor’s degree or training certificate or practice certificate relating to the consulting Field;
  • Having at least 1 year in the following positions: director of a 10-or-more-employee enterprise, managers at enterprises; staff working at small and medium-sized enterprise support organizations, business development support projects; business consultants;
  • Having performed or are performing at least 01 consulting contract in one of the Field during the 36 months up to the time of registration to join the Network; and
  • Not being on the list of individuals or consulting organizations removed from the Network published at the National Portal.
  • In case the individual is a foreigner, he/she must meet the regulations on foreign workers in Vietnam under the Labor Code.

For organizations:

  • Organizations established and operating in accordance with the law; is not in a state of suspension or dissolution; carry out consulting activities for enterprises in one of the Field;
  • There are at least 02 consultants in one of the Field; are working continuously, full-time for 12 months or more for the consulting organization by the time the consulting organization registers to join the Network; and
  • Has performed or is performing at least 02 consulting contracts for enterprises during the 36 months up to the time of registration to join the Network. In which, for each field of consultancy registered for operation, at least 01 consulting contract has been or is being performed.

III. Management of construction investment projects and construction investment cost

The Ministry of Construction issued Official Letter No. 1522/BXD-HDXD dated 07 May 2021 on construction management and investment cost management with the following contents:

The use of capital of enterprises in which 100% of charter capital is held by the State to invest in construction investment projects is the development investment capital of state enterprises. Therefore, construction investment projects using the above-mentioned capital sources are identified as construction projects funded by state capital other than public investment capital.

For down-loading: 

Legal Update #163 (EN version)

Maybe you are interested in reading other updates: May 2021 (Part 3)May 2021 (Part 2)May 2021 (Part 1)April 2021 (Part 5)April 2021 (Part 4)April 2021 (Part 3) | April 2021 (Part 2)April 2021 (Part 1)March 2021 (Part 4)March 2021 (Part 3) 


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