Official Dispatch No. 185/TTg-CN about inspecting and reviewing issues related to the development of solar energy

LEGAL UPDATES

Official Dispatch No. 185/TTg-CN about inspecting and reviewing issues related to the development of solar energy

1. The Government issued Decree No. 152/2020/ND-CP on December 30th, 2020 about cases of work permit exemption for foreign employees in Vietnam 

On December 30th, 2020 the Government issued Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam. Accordingly, from February 15th, 2021 onwards, one of notable points of this Decree is regulations on cases of work permit exemption for foreign employees in Vietnam, specifically as follows: 

In addition to cases prescribed in Articles 154.3, 154.4, 154.5, 154.6 and 154.8 of Labor Code 2019, Article 7 of Decree No.152/2020/ND-CP provides 14 additional cases of work permit exemption for foreign employees in Vietnam, typical cases are as follows: 

  • Being the owner or capital contributor of a limited liability in which his or her capital contribution is at least 3 billion dongs. 
  • Being the Chairman or member of the Board of Management of a joint-stock company in which his or her capital contribution is at least 3 billion dongs. 
  • Entering into Vietnam to work as the position of a manager, executive, expert or technical worker in the course of work of fewer than 30 days and no more than 03 times per year. 
  • Being certified by the Ministry of Education and Training as a foreign employee entering into Vietnam for teaching and researching purposes; etc. 

2. The Prime Minister has issued Official Dispatch No. 185/TTg-CN on February 09th, 2021 about reviewing issues related to the development of solar energy 

On February 9th, 2021 the Prime Minister issued Official Dispatch No. 185/TTg-CN to implement the Development Strategy for renewable energy in Vietnam in 2030 with a vision of 2050 under the Decision No. 13/2020/QD-TTg issued by the Prime Minister on April 6th, 2020. Specifically, the Prime Minister requested the Ministry of Industry and Trade to be responsible for leading and organizing, to cooperate with the province-level People’s Committees, Vietnam Electricity Corporation, and other relevant authorities to urgently implement the following contents:

  • To overall review the execution of existing ground mount and rooftop solar energy projects; to instruct related-parties to implement in accordance with principles and regulations under Official Dispatch No. 414/TTg-CN and other relevant documents; 
  • To scrutinize, inspect, correct, and strictly discipline recent infringements of developing rooftop solar energy at localities and electricity companies in accordance with the laws; 
  • To research and propose effective management measures for renewable energy sources; direct instruct and implement measures to minimize economic losses of investors and waste of the country’s renewable energy sources; 
  • To be responsible for overall reviewing and inspecting currently working electric sources, to update and balance the supply and demand in the forthcoming period in order to strengthen the best planning management; simultaneously to urgently perfect procedures of VIII Electricity Planning Projects and submit to the Prime Minister on schedule. 

3. 03 new regulations pertaining to the Certificate of Land Use Rights have been prescribed in Decree No. 148/2020/ND-CP issued by the Government taking effect as of February 8th, 2021 

On December 18th, 2020 the Government issued Decree No. 148/2020/ND-CP amending and supplementing to several Decrees providing detailed regulations on implementation of the Law on Land. From February 08th, 2021 onwards, many amendments and supplements pertaining to the Certificate of Land Use Rights (“LURCs”) have been of full force and effect, specifically: 

a. Branches of land registration offices are lawfully permitted to receive dossiers granting LURCs:

Article 1.19 of Decree No. 148/2020/ND-CP amending Article 60 of Decree No. 43/2014/ND-CP provides that competent authorities receiving dossier and rendering results of procedures for registration of land and other land-attached property; of granting, renewing or reissuing the LURCs are as follows:

  • Land Registration Offices; 
  • Branches of Land Registration Offices (new regulations).

b. Citizens are entitled to carry out the procedures for granting LURCs at home as negotiation:

Citizens are legally permitted to negotiate with the authorities to conduct the procedures for granting LURCs at home, provided that the timeline limit set by the province-level People’s Committees is satisfied.

c. The consolidation and swap of land parcels are no longer granted new LURCs 

Article 1.24 of Decree No. 148/2020/ND-CP provides that one of the cases of the re-issuance of LURCs as well as homeownership certificates and certificates of ownership of construction works is “because of the resurvey of areas and dimensional sizes of land plots”. 

Whereas, in the previous, Article 76.1.c of Decree No. 43/2014/ND-CP provided the above case also occurred due to the “consolidation and swap of land parcels”.

Download Legal Updates as a PDF here.