LEGAL UPDATES VOL 32, JANUARY 2022

LEGAL UPDATES
VOL 32, JANUARY 2022

Dear Valued Clients and Partners,

ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 32 of January 2022 with new legal provisions with notable contents as follows:

1. The Government promulgates Decree 02/2022/ND-CP replacing Decree 76/2015/ND-CP detailing the implementation of a number of articles of the Law on Real Estate Trading

Accordingly, the Decree stipulates a number of important new points as follows:

(i) Article 4.1.b of this Decree supplements the condition that organizations and individuals trading real estate must publicly disclose on the their website, at the head office of the Project Management Board (in case of real estate investment projects), at the real estate transaction platform (for projects trading through transaction platform) the information as below and must update these inforation promptly for any changes:

- Type of the real estate;

- Location of the real estate;

- Information about planning related to the real estate;

- Scale of the real estate;

- Characteristics, utilities and quality of the real estate; information about each utility and general use area if the real estate is a mixed-use building or an apartment building.

- Actual conditions of constructions or services related to the real estate;

- Documents on ownership of buildings and land and documents related to real estate construction; guarantee agreement, written permission for off-the-plan building sale or lease purchase transactions granted by competent agencies;

- Restrictions on ownership of or rights to use real estate (if any);

- Real estate sold, transfer, lease, sublease, lease purchase price.;

- Information on mortgage of buildings and projects (if any);

- Quantity and type of real estate products to be traded; quantity and type of real estate sold, transferred, lease-purchased; and the number and type of products to continue trading.

(ii) Article 7.3 of Decree 02/2022/ND-CP supplementing guidance in the case of transfer of the contracts of purchase and sale or lease purchase of many houses or construction works under the same contract. Accordingly, if the transferor has the desire to transfer each house or construction work, the transferor must reach an agreement with the investor on amending the signed purchase and sale or lease-purchase contract or sign an addendum to the contract showing contents related to the house or construction work expected to transfer before performing the transfer. This is also a document to be presented when notarizing the transfer contract under Article 8.2.(b) of this Decree.

(iii) According to Article 11.7 of this Decree, in case of transfer of the whole or part of a real estate project, the Provincial People’s Committee and the parties are obliged to publicly the Provincial People's Committee’s Decision on approving the transfer of the whole or part of the project on the website of them. For projects under the authority of the Prime Minister to approve the transfer, the Provincial People's Committee is responsible for publicly information on its website according to Article 12.4.

(iv) The Decree also establishes new contract forms for real estate purchase, sale, transfer, lease, lease purchase, sublease, land use right, and real estate project transfer.

The Decree was issued on January 6, 2022 and will take effect from March 1, 2022.

2. Some types of service businesses are allowed to re-open in Ho Chi Minh City

On January 4, 2022, the People's Committee of Ho Chi Minh City issued Official Letter No. 07/UBND-VX on allowing some types of service businesses to re-open.

In Section 1 of this Official Letter, the People's Committee directs to allow discotheques, bars, karaoke, dance and massage clubs to reopen from January 10, 2022, but they must ensure that according to the Set of criteria for assessment of safety for epidemic prevention and control for the above types and are appraised and allowed to operate by the locality (where the businesses are located).

3. The Supreme People's Court publish 09 new legal precedents

On December 31, 2021, the Supreme People's Court decided to publish 09 new legal precedents for the People's Courts and Military Courts to study and apply in practice.

Accordingly, the published legal precedents related to the following issues:

(i) The determination of the statute of limitations for initiating a counterclaim;

(ii) The determination that the accused commits the crime of “Murder” in the case of “Unsatisfactory crime”;

(iii) The determination of the circumstances determining the penalty frame “For children to whom the offender has the responsibility to educate” in the crime of “Porning against children”;

(iv) The determination of the crime in case the accused uses a dangerous weapon to stab a vital area of the victim’s body;

(v) The mitigating circumstances of penal liability “returning illicit profits”;

(vi) The determination of administrative decisions which are issued improper authority;

(vii) The right to initiate a lawsuit to reclaim the property of the person assigned the property according to a legally effective judgment or decision;

(viii) The determination of ownership for the car parking area of the apartment building;

(ix) The validity of the contract of donation of land use rights when the land use right has not been registered;

We hope you found this brief legal update informative.

Kind regards./.

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