Legal Translation And Certifying Translations

Legal translation services

For transactions of which people using different lingual systems to work or communicate, translation plays a crucial role because it directly affects the correctness of information and agreement exchanged between them. Particularly respect to  legal documents, language is always in high priority for both sides in a transaction and, thus, legal translation strictly requires precision at the highest level. Misunderstanding of wording and implications may cause potential risks and disputes to involved parties in such transaction.

Therefore, in addition to legal service, Apolat Legal provides clients with the service of translating documents, which helps them to avoid misinterpretations of their partner’s intents and, accordingly, to be prevented from potential risks and disputes. Also, if requested, the precision of translations will be certified by our attorneys to strengthen the legality and the peace of mind of parties in implementation.

Certifying translations

A certified translation is a translation that is signed, stamped and stated by Apolat Legal that it is a true representation of the original text. It can then be used by businesses and organizations. In many cases, certified translations will be required for documents presented to government offices and courts or even to the other party in a transaction.

We provide this service and can advise you on the individual requirements requested by different bodies and the levels of certification needed for specific documents. Besides, we also take additional steps when preparing your translation packet to ensure acceptance by the widest range of receivers. At Apolat Legal, we always try to make short time-frames as a priority to couple a responsive approach with an integral commitment to accuracy, reliability and superb quality.

KEY CONTACT

Le Tien Dat

Managing Partner

Phone: +84939107387
Email: dat.le@apolatlegal.com

Dinh Quang Long

Senior Partner

Phone: +84919963977
Email: long.dinh@apolatlegal.com

RELATED ARTICLES

[Legal Updates] New guidance and regulations on project development and power purchase contract of solar power

1| New guidance and regulations on project development and power purchase contract of solar power 

The Minister of Industry and Trade Ministry issued the Circular no 18/2020/TT-BCT regulating on project development and the Power Purchase Contract sample applying for the solar power projects (“Circular 18”). Accordingly, the Circular regulates and guides to Decision No. 13/2020/QD-TTg on April 6th, 2020 of the Prime Minister on the incentive mechanism to develop solar power projects in Viet Nam.

Circular 18 provides several guidance on the development of grid-connected solar power projects, in detail: 

  • About the price to buy electricity; 
  • Content of basic design documentation and other contents;
  • Area of land use, water surface with term of the project. 

As regards regulations related to the development of solar power rooftop systems, hereunder are some important contents:

  • Electricity prices regulated in cases where the buyer is Vietnam Electricity Corporation and another cases where the buyer is not Vietnam Electricity Corporation. 
  • Procedure to execute solar power rooftop systems. 
  • Exemptions for electricity activity licenses and other contents.

Besides, the Circular 18 also provided sample of power purchase contract applying to grid-connected system solar power projects and sample of power purchase contract applying to rooftop system solar power projects.

However, it seems that the Circular 18 still fails to provide the clear guidance on the distinction between solar power rooftop system and grid-connected solar power system. This failure may lead to the inconsistent application of incentives mechanism related to solar power systems in practice. 

This Circular 18 shale come into effect from August 31st, 2020. 

2| Ho Chi Minh City People’s Committee to issue new disease control measures 

Currently, due to the situation of disease related to Coronavirus which is happening very complicatedly and unpredictably with an increasing number of cases, the authorities have quickly implemented plans to prevent the epidemic broad-based outbreak. Accordingly, in Ho Chi Minh City, on July 30th, 2020, the People’s Committee of Ho Chi Minh City issued an official Dispatch No.2869/UBND-VX to control the disease situation with some specific and notable contents are as follows: 

  • People must wear masks when going to public places, usually washing hands with soap and an antiseptic solution.
  • Restricting the crowd of people at events such as festivals, fairs, conferences, weddings, funerals, etc. It is worth noting that, in addition to limiting crowded people at the above events, people are not allowed to gather more than 30 people in public places (except hospitals, schools, etc.).
  • Some business activities of non-essential services such as bars and discotheques will be temporarily closed and according to the dispatch, they have not mentioned the specific time when is the above business allowed to be reopened.
  • Competent agencies as local authorities at all levels are responsible for strengthening and seriously implementing the disease prevention and control plan in their respective localities. The Department of Information and Communications is responsible for continuing to propagate about the situation and the evolution of the disease, updating recommendations and information to guide people to voluntarily take measures to prevent and control diseases themselves.

The official time for the application of the above-mentioned measures will start from 0:00am on July 31st, 2020, until further notice.

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[Legal Updates] The new Circular amending legal conditions to carry out business in 04 sectors

1| The new Circular amending legal conditions to carry out business in 04 sectors

On 18th June 2020, the Ministry of Industry and Trade issued Circular no 13/2020/TT-BCT amending, supplementing and removing several conditions to invest and carry out businesses in following sectors: food business; chemicals, mineral business, electricity.

No Sectors  Amended, supplemented, or removed circulars 
1 Food business Circular 43/2018/TT-BCT
Joint Circular 13/2014/TTLT-BYT-BNNPTNT-BCT
2 Chemicals Circular 55/2014/TT-BCT
Circular 48/2018/TT-BCT
3 Mineral business Thông tư 12/2016/TT-BCT
Circular 14/2013/TT-BCT
Circular 15/2013/TT-BCT
Circular 28/2017/TT-BCT
4 Electricity Circular 43/2013/TT-BCT

Several notable points of this Circular as following: 

  • Regarding food business, removing Article 4, Article 5 and forms 01a, 01b, 02a, 02b, 03a, 03b, 04, 05a, 05b, 05c related to the issuance of Certificate of food safety;
  • Regarding chemicals, removing the requirement of Guarantee on the production of Schedule chemical, or chemicals DOC, DOC-PSF; Photocopies of the Decision on approval for the environmental impact assessment or the certificate of commitment to environment protection registration that is issued by competent agencies; Photocopies of the Certificate of fire safety or photocopies of the decision on approval for firefighting plans issued by a competent agency in the application for the License for production of Schedule chemicals or DOC or DOC-PSF chemicals;
  • Regarding electricity, removing clause 2 Article 25 of Circular 43/2013/TT-BCT dated on 31st December 2013 on procedures to adjust electricity development planning not according to cycle.

This Circular will come into effect on 3rd August 2020.

2| The Government to ratify the First Protocol amends ASEAN Trade in Goods Agreement (ATIGA)

On 23rd July 2020, the Government has issued Resolution 110/NQ-CP ratifying the First Protocol amending ATIGA Treaty dated 22nd January 2019.

The First Protocol amends ATIGA to incorporate the ASEAN-wide Self Certification (AWSC) scheme. Under the AWSC, exporters may apply for Certified Exporter (CE) status and support their claim that their goods are eligible for duty-free tariff under ATIGA. The CE status may be used as an alternative to a Certificate of Origin (CO) Form D currently applying for exported products from ASEAN nations.

The First Protocol provides businesses an additional avenue to attest the originating status of their goods as required by the Treaty. It is expected to reduce time and costs for businesses, and improve efficiency for issuing authorities.

The First Protocol is expected to come into force later this year, following ratification by all ASEAN member States.

ASEAN Trade in Goods Agreement (ATIGA) was signed in February 2009 and have taken into effect from 17th May 2010. ATIGA is the first comprehensive agreement between ASEAN member States covering regional goods trading activities and developed on the ground of commitments to cut down/remove tariff barriers agreed in CEPT/AFTA and other relevant treaties, protocols. 

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[Legal Updates] Some new points of the Decree 81/2020/ND-CP on enterprise bonds

1| New regulations on the sanctioning of administrative violations in the field of marriage and family, civil judgment enforcements, enterprise, and cooperative bankruptcy

On July 15th, 2020, the Government issued Decree No. 82/2020/ND-CP on the sanctioning of administrative violations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcements, Enterprise and cooperative bankruptcy, which takes effect on September 01st, 2020. The Decree has some highlight that organizations and individuals should pay attention to, as follows:

Level of sanctioning and remedies

 

Acts of violation

 

Level of sanctioning

From VND 5,000,000 to VND 10,000,000

 

Remedies

No regulations

 

– Notifying insolvent enterprises, cooperatives inaccurately causing damage to enterprises, cooperatives.

– Failure to notify in writing to those who have the rights and obligations to submit application for opening the bankruptcy proceedings.

Level of sanctioning

From VND 1,000,000 to VND 3,000,000

 

Remedies

No regulations

 

Failure to provide the document, evidence regarding the bankruptcy case in a full and timely or inaccurate manner to the relevant parties and the authorities.

Level of sanctioning

From VND 5,000,000 to VND 10,000,000

 

Remedies

No regulations

 

When the applicant is non-objectiveness, adversely affecting the honor, reputation and business operations of enterprises and cooperatives.

Level of sanctioning

From VND 10,000,000 to VND 20,000,000

 

Remedies

No regulations

 

When the applicant has fraudulent acts, adversely affecting the honor, reputation and business operations of enterprises and cooperative.

Level of sanctioning

From VND 5,000,000 to VND 10,000,000

 

Remedies

No regulations

 

When enterprises, cooperatives, or other relevant individuals non-cooperate on property inventory or deliberately misrepresent the property inventory.

Level of sanctioning

From VND 20,000,000 to 30,000,000 VND

 

Remedies

Forcing to revoke the payment or offset inconsistently with the law.

 

For banks where the enterprises or cooperatives have accounts since the court issues the decisions to declare the enterprises or cooperatives bankrupt but still pay the debts of such enterprises or cooperatives. , unless otherwise agreed in writing by a Court or civil enforcement agency.

Level of sanctioning

From VND 30,000,000 to VND 40,000,000 and recovering payments or clearing not in accordance with current regulations

 

Remedies

Forcing to revoke the payment or offset inconsistently with the law

– The bank where the enterprise or cooperative has an account from the date the Court issues the decision to declare the enterprise or cooperative bankruptcy and makes payment of debts of the declared enterprise or cooperative loans borrowed from banks unless otherwise agreed in writing by courts or civil judgment enforcement agencies.

– The bank where the enterprise or cooperative has an account from the date the Court issues the decision to open bankruptcy procedures that clearing the obligations for the contract established before the decision to open bankruptcy procedures without the consent of the asset manager, the enterprise that manages or liquidates the property.

2| Some new points of the Decree 81/2020/ND-CP on issuance of Corporate bonds

Corporate bond is a type of securities with a term of 1 year or more issued by the enterprise to determine the obligation to repay the principal debt, interest, and other obligations (if any) of the enterprise to the investor whose bonds. Enterprises entitled to issue bonds include limited liability companies or joint-stock companies that satisfy the conditions for bond issuance under the provisions of Vietnamese law. The bond issuance of enterprises is implemented on the principle of self-borrowing, self-repayment, and self-responsibility for the efficiency of using capital and assurance of debt repayment ability.

Decree 81/2020/ND-CP issued on July 9th, 2020 amending and supplementing a number of provisions of Decree No. 163/2018 / ND-CP dated December 4th, 2018 on corporate bonds, has effective from September 1st, 2020, there are a few notable points, including:

  • Applying regulations on bond trading for corporate bonds issued in the domestic market, and for corporate bonds issued to the international market will comply with the regulations on transactions in the issuing market.
  • Having changes in the regulations on bond issuance conditions when:
    • The regulation requires Enterprises which are not organizations allowed to provide consultancy services on dossiers of bond issuance. If they would like to issue bonds, they must sign a consultancy contract on dossiers of bond issuance.
    • At least 03 working days before the scheduled issuance of bonds, the issuing enterprise shall disclose information before the issuance to investors registering to buy bonds and send information to disclose information for the Stock Exchange.
    • Enterprises which are not the credit institutions issue bonds must complete each issuing period within 90 days from the date of publication of the issuance and each period of issuance must be at least 6 months apart.

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[Legal Updates] July 30th, 2020 – Deadline for submission of applications for extension of tax payment and land rent

1| July 30th, 2020 – Deadline for submission of applications for extension of tax payment and land rent

On April 08th, 2020, the Government issued Decree No. 41/2020/ND-CP extending the deadline for paying taxes and land rents, which takes effect on April 08th, 2020, namely:

Applicable subjects: 

(i) Enterprises, organizations, households and individuals (hereinafter referred to as “taxpayers”) that are manufacturers in the following business lines:

  • Agriculture, forestry, aquaculture;
  • Production and processing of food; textiles; garments; manufacture of leather and leather products; wood treatment and manufacture of products from wood, bamboo, rattan (except furniture); manufacture of products from straw and plaiting materials; manufacture of paper products; manufacture of rubber and plastic products; manufacture of products from other non-metallic minerals; metal production; mechanical working; metal treating and coating; manufacture of electronics, computers and optical products; manufacture of automobiles and other motor vehicles; furniture production;
  • Construction.

(ii) Taxpayers that operate in the following business lines:

  • Transport and warehousing; accommodation, food and drink; education and training; healthcare and social assistance; real estate trading;
  • Employment services; travel agencies, tourism services and auxiliary tourism services;
  • Composing, art and entertainment; library, archive, museum operation and other artistic activities; sports and entertainment; cinemas.

(iii) Taxpayers that are manufacturers of prioritized ancillary industry products or key mechanical products.

(iv) Small enterprises and micro-enterprises.

(v) Credit institutions and foreign bank branches (FBBs) shall provide assistance for enterprises, organizations and individuals affected by Covid-19 as prescribed by the State bank of Vietnam (SBV). SBV shall publish the list of credit institutions and FBBs that provide assistance for tax authorities to grant deferral of tax and land rent in accordance with this Decree.

Procedures for extension 

(i) A taxpayer eligible for tax deferral shall submit an application for tax and land rent deferral (electronically or another method) using the form enclosed by this Decree to the supervisory tax authority. The application shall include all payments of tax and land rent deferred and be submitted together with the monthly or quarterly tax declaration as prescribed by tax administration laws.

In case the application for tax and land rent deferral is not submitted together with the monthly or quarterly tax declaration, it shall be submitted by July 30, 2020, the tax authority still defers tax and land rent incurred before the application is submitted if eligible.

In case a taxpayer leases land from the State in more than one administrative division, the taxpayer’s supervisory tax authority shall send copies of the application for tax and land rent deferral to the tax authorities in charge of the areas where land is leased.

(ii) Taxpayers shall be responsible for their eligibility for deferral as prescribed in this Decree. Tax and land rent shall not be deferred if the application for tax and land rent deferral is submitted after July 30th, 2020.

(iii) The tax authority is not required to inform the taxpayer whether the application is granted or rejected. In case the tax authority discovers that the taxpayer is not eligible for deferral after the application is granted, the tax authority shall send a written notice of ineligibility for deferral to the taxpayer and the taxpayer shall fully pay the tax and/or land rent plus late payment interest that accrues over the period from the deadline to the payment date. In case the tax authority discovers that the taxpayer is not eligible for deferral after the end of the deferral period, the taxpayer shall fully pay the outstanding tax, fine and late payment interest to the State budget determined by the tax authority.

(iv) Over the deferral period, under the application for tax and land rent deferral, the tax authority shall not charge late payment on the deferred tax and land rent (even if the application for deferral is submitted after submission of the monthly (or quarterly) tax declaration but not later than July 30, 2020).

2| Some new points of the Construction Law (amended and supplemented)

On June 17th, 2020, the National Assembly of Vietnam adopted the Construction Law (amended and supplemented), which will take effect on January 1st, 2021, with some highlights as follow: 

Cases exempted construction permits:

  • State-secret works; emergency construction works;
  • Works under projects funded by public investment which are invested by the investment decision of the following: Prime Minister, the head of a central agency of a political organization, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office, the President Office, the National Assembly Office, Ministries, Ministerial-level agencies, Government agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, presidents of People’s Committees at all levels decide to invest in construction;
  • Temporary construction works prescribed in Article 131 of this Law;
  • Constructions for repairing or renovating works inside, or constructions for repairing or renovating exterior surfaces not adjacent to roads in urban areas with architectural management requirements prescribed by competent state agencies; The repair or renovation do not change the function of use, do not affect the safety of the load-bearing structure of the work, in accordance with the construction planning already approved by competent state agencies, safety requirements for fire and explosion prevention and fighting and environmental protection;
  • Advertising works that are not subject to construction permits in accordance with the advertising legislation; passive telecommunications technical infrastructure works as prescribed by the Governmental regulations;
  • Construction works located in two or more provincial-level administrative units; works which constructed in lines outside urban areas, complied with construction planning or technical specialized planning that already approved by competent state agencies;
  • Construction works have been notified results by construction specialized agencies in the evaluation of construction designs after basic designs are eligible for approval for construction designs and met construction licensing conditions;
  • Individual houses with a scale of under 07 floors belonging to urban construction investment projects, housing construction investment projects with detailed planning 1/500 approved by competent state agencies;
  • Grade-IV construction works, individual houses in rural areas of less than 07 storeys and in areas without urban planning, functional area construction planning or detailed residential construction planning for rural residence that have been approved by competent state agencies; construction works of grade IV, individual houses in mountainous areas and islands in areas without urban planning, construction planning of functional areas; except for individual constructions and houses built in conservation areas, historical-cultural relics;

Shorten the time of construction permit issuance to 20 days from the date of receiving complete and valid documents instead of 30 days as prescribed in the Law on Construction 2014. 

3| Being cautious in dealing with two models of condotel and tourist villa 

On February 14th, 2020, the Ministry of Natural Resources and Environment issued Official Letter No. 703 / BTNMT-TCQLĐĐ, guiding land use policies and ownership certification of non-residential constructions. The Ministry of Natural Resources and Environment recognizes condotels and tourist villas are tourist accommodation establishments, and provision of accommodation services in the condotels and tourist villas are a model of tourism services and listed under accommodation and food service category, and the land use for the aim of service business is considered to be land for commercial and services.

Besides, the Ministry of Natural Resources and Environment also instructs on the issuance of construction’s ownership certificates, specifically: “In case of projects having condotels and tourist villas eligible for transfer according to Law on Real Estate Trading, certifying ownership of the construction on behalf of the transferees shall follow Article 32 of Decree No. 43/2014/ND-CP dated May 15th, 2014 of Government on elaborating to Land Law, Clause 22 Article 2 of Decree No. 01/2017/ND-CP dated January 6th, 2017 of Government on amendments to Decrees on elaborating to Land Law ”. However, this provision is not specific about issuing the certificate of construction’s ownership for each apartment or the whole project.

According to the view of the Ministry of Public Security (MPS), the issuance of construction’s ownership certificates for condotel and tourist villa is required to be governed by more precise and detailed regulations. This may reduce the impact on borrowing loan from banks by asset mortgage, which potentially leads to the risk of insecurity of the credit system. Moreover, assuming that in the case of issuing a certificate of construction’s ownership to each buyer of apartments in the project which will cause many complex problems about tight security in managing and operating building, managing investment and business activities of apartments; managing and withdrawing projects when the land use term of the projects are expired.

The MPS has requested the Prime Minister to direct the Ministry of Construction to propose new amendments and supplements to the Law on Real Estate Trading. Additionally, regulations on names, managerial regime, business conditions, trading and leasing in relation to condotel, office and tourist villa should be clearly specified.

The Ministry of Culture, Sports and Tourism is also expected to complete regulations in terms of management and operation of complex buildings, which is used for living, accommodation, and leasing offices, etc. It is considered to be a base for completing laws governing complex and multifunctional buildings and multi-ownership.

The MPS also proposes the Prime Minister to assign the Ministry of Natural Resources and Environment to conduct a research to amend and supplement new regulations on categorizing lands and issuing certificates of use right, ownership of house and assets attached to new forms of land. This is supposed to be a new legal ground for facilitating the implementation of local State’s authorities and enterprises. The legalization of projects of tourist apartments, tourist villas, offices combined with accommodation into resident houses has also been proposed to remove by the MPS.  

Therefore, regarding the models of Condotel and Tourist Villa, individuals currently in business should carefully review the compliance of conditions as prescribed by the law and legal documents of Condotel and Tourist Villa which are intended to receive the transfer.

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