Newsletter on January 2023

Our Newsletter #6 would lead you on the following:

LEGAL UPDATE

I. Management of environmental risks in credit granting activities of credit institutions, and foreign bank branches

The State Bank of Vietnam issued Circular No. 17/2022/TT-NHNN dated 23 December 2022 guiding the implementation of environmental risk management in credit granting activities of credit institutions, and foreign bank branches with the following main contents:

• Investment projects subject to environmental risk management in credit granting activities are investment projects specified in Appendix III, IV, and V issued together with Decree 08/2022/ND-CP including:

1. • Investment projects of group I have a high risk of adverse impacts on the environment specified in Article 28.3 of the Law on Environmental Protection No. 72/2020/QH14 (the “LEP”);
   • Investment projects of group II have a risk of adverse impacts on the environment specified in Article 28.4 of the LEP, except for the projects specified in item (i) above; and
   • Investment projects of group III have a low risk of adverse impacts on the environment specified in Article 28.5 of the LEP, except for projects specified in (i), and (ii) above.

• Environmental risk of the investment project means the probability of causing adverse impacts on the environment during the implementation of the investment project resulting in increased costs, reduced incomes, or loss of capital and/or assets of the client that is the project owner.
• Environmental risk in granting credit means credit risks of the credit institution when its client is granted credit but faces environmental risks.
• Environmental risk assessment in granting credit means the process of determining the level of environmental risks in granting credit to the investment project.
• Environmental risk management in granting credit means identifying, and assessing environmental risks in granting credit; monitoring, controlling, and taking appropriate measures for minimizing environmental risks in granting credit.
• This Circular takes effect from 01 June 2023.

II. Regulations on connection, sharing, and exploitation of information between the National Population Database with the national database, specialized databases, and other information systems

The Ministry of Public Security issued Circular No. 46/2022/TT-BCA dated 04 November 2022 about the connection, sharing, and exploitation of information between the national population database with the national database, specialized database, and other information systems with the following main contents:

• The information shared for the national population database system including electronic civil status database, residence database, citizen identity database, medical database, and other specialized database to share information about citizens for the national population database system according to the provisions of law to ensure consistency, completeness, and accuracy.
• Conditions for connection to the national population database: The information systems of authority, and organization connecting to the national population database must meet the requirements of ensuring the safety of information systems at level 3 or higher according to the law on assurance of information system security by its level.
• The process of making the connection between the national population database and the national database, specialized database, and other information systems:

• • The authority, and organization managing the information system shall send a written request for connection with the national population database to the national population database management authority of the Ministry of Public Security.
  • Immediately after receiving the written request, the national population database management authority of the Ministry of Public Security shall:

a) Provide technical documents for connection, sharing, and exploitation of information in the national population database to the authority, and the organization requesting for connection;

b) Support the authority, and the organization to connect, adjust software, and test technically of sharing and exploiting information in the National Population Database;

c) Coordinate with the Department of Cybersecurity and High-Tech Crime Prevention, the Department of Professional Technology of the Ministry of Public Security, and relevant authorities in inspecting, and evaluating the assurance of security and safety information on the information system of the authority, and the organization requesting for connection.

• Citizens can find, and exploit information through the public service portal as follows:

• • The citizens log in to the public service portal;
  • The citizens choose either a lookup service or a personal information extraction service;
  • The Ministry of Public Security shall return the search results of the citizens using the information on the public service portal or return the results of information extraction by a Notice according to form No. 01 issued together with this Circular.

III. Submitting and presenting household registration book, temporary residence book when performing administrative procedures and providing public services

The Government issued Decree No. 104/2022/ND-CP dated 21 December 2022 for amending and supplementing some articles of decrees related to the submission and presentation of household registration books, and temporary residence books when performing administrative procedures, providing public services with the following main contents:

• The exploitation, and use of information are done by one of the following methods:

• • Look up and exploit personal information through the System of administrative procedures at ministerial and provincial levels connected to the national population database or through the National Public Service Portal;
  • Look up personal information through the citizen’s electronic identity account displayed in the VNeID application;
  • Use a reader device that has been connected online to the national population database , including a QRCode reader or a chip reader on a chip-based citizen ID card; and
  • Other methods as prescribed by specialized provisions.
• In case it is impossible to exploit citizens’ residence information by the mentioned above methods the competent authorities, officials, public employees, and individuals that are assigned to handle administrative procedures, and provide public services may require the citizens to submit a copy or present one of the documents proving residency information including: ID card, identification card, certification of residence information, a notice of personal identification number and citizen information in the national population database.

PUBLISHED ARTICLES

1. Central Bank digital currency : Advantages and challenges in Vietnam 
2. 03 notes on the Work permits obtainment after Covid-19 period in Vietnam
3. 02 notes for the burden of proof in Arbitration proceedings in Vietnam 
4. List of 35 frequently asked questions and answers about CISG (part 2) 

PUBLISHED VIDEO

What should investors do to suspend investment projects in Vietnam?

BLawyers Vietnam’s lawyers would like to provide 4 following issues:

1. Requirements for the investor to suspend the investment project
2. Requirements for the investor to suspend the investment project
3. Required documents
4. Penalties if failing to notify suspension of the investment project

UPCOMING EVENTS

COLLECTING CITIZEN’S OPINION ON THE DRAFT LAW ON LAND (AMENDED)

Date of Event: 03 January 2023 – 15 March 2023

Location: Offline and Online

Hosting Organizations is the Government

For more information, see at: Lấy ý kiến Nhân dân đối với dự thảo Luật Đất đai (sửa đổi) từ 3/1/2023 – 15/3/2023 (baochinhphu.vn)

For downloading: 

Newsletter #6 (EN version)

Maybe you are interested in reading other Newsletters of BLawyers Vietnam: Newsletter on December 2022 / Newsletter on November 2022 /