VOL 49, SEPTEMBER 2022
Dear Valued Clients and Partners,
ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 49 of September 2022 with new legal provisions with notable contents as follows:
1. Statistical reporting period on business registration criteria
On August 10, 2022, the Ministry of Planning and Investment issued Circular 19/2022/TT-BKHDT on the statistical reporting regime of the Planning, Investment and Statistics sector. Accordingly, in the content of the statistical reporting regime on business registration criteria, the reporting period is recorded in the middle part of each report form and calculated according to the calendar day, including:
(i) Monthly statistical reports are calculated from the first day to the end of the last day of the reporting month;
(ii) Quarterly statistical reports are calculated from first 1st day of the first month to the end of the last day of the third month of the reporting period;
(iii) The 6-month statistical report is calculated from the first day of the first month to the end of the last day of the sixth month of the reporting period;
(iv) The annual statistical report is calculated from January 1 to the end of December 31 of the reporting period;
(v) Unscheduled reports: Statistical reports in case of unexpected events or phenomena or when there is a request to serve the management of the Ministry of Planning and Investment;
(vi) Other statistical reports: Statistical reports have a reporting period and reporting term specified in each report form.
Circular 19/2022/TT-BKHDT takes effect on October 1, 2022.
2. New points in the compulsory insurance claim dossier in construction investment activities
On August 11, 2022, the Ministry of Finance issued Circular 50/2022/TT-BTC guiding Decree 119/2015/ND-CP and Decree 20/2022/ND-CP amending Decree 119/2015/ ND-CP.
Accordingly, a dossier to claim for compulsory insurance for projects during construction period includes the following documents:
(i) The insurance buyer's claim document (New point);
(ii) Documents related to the subject of insurance, including: Insurance contract, Certificate of insurance;
(iii) Documents proving asset damage, including:
- Construction incident dossiers (notarized copy or certified copy by the dossier-making party) as prescribed in Article 47 of Decree 06/2021/ND-CP;
- Valid invoices and documents in case of repair or replacement of assets.
(iv) Documents proving the necessary and reasonable expenses that the insurance buyer has incurred to limit the loss to the lowest level or to follow the instructions of the insurer;
(v) Assessment minutes of the cause and extent of damage made by the insurer or the person authorized by the insurer;
(vi) Other relevant documents (if any).
Circular 50/2022/TT-BTC takes effect from October 1, 2022 and replaces Circular 329/2016/TT-BTC.
3. Recording, taking photos of the Trial Panel, trial participants without permission may be fined up to 15 million VND
On August 18, 2022, the Standing Committee of the National Assembly has just issued Ordinance 02/2022/UBTVQH15 sanctioning administrative violations for acts of obstructing legal proceedings.
Accordingly, the following acts will be fined from VND 7 million to VND 15 million:
(i) Dumping or throwing waste, dirt, chemicals, bricks, soil, stones, sand or other objects into the courtroom;
(ii) Bringing weapons, explosives, inflammables or poisons into the courtroom, except for evidence of the case for trial or weapons and support tools carried by competent persons to protect the trial;
(iii) Recording speech or taking images of the Trial Panel without permission of the Presiding Judge, or recording speech or taking images of procedure participants without permission in the trial of civil and administrative cases; failing to comply with the direction of the Presiding Judge of the trial regarding activities of recording speech and taking images during the trial of a criminal case.
In addition to the main form of monetary sanction, violators are also subject to:
(i) Additional sanction: confiscation of exhibits and means of administrative violations;
(ii) Remedial measures: Forcible withdrawal, return of materials, documents, images and forced return of illegal profits obtained from the commission of violations.
Ordinance 02/2022/UBTVQH15 takes effect from September 1, 2022.
We hope you found this brief legal update informative.
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