[Legal Updates] Monthly newsletter, August 2020

LEGAL UPDATES

[Legal Updates] Monthly newsletter, August 2020

1| Our prominent legal articles in August 2020 

Intellectual Property Rights – an old but never out-of-concern issue. Although society’s awareness of recognizing, applying and protecting the intellectual property right has been increased from time to time, how to apply it in practice is not easy. With the desire to make regulations on intellectual property become simpler and more accessible to the vast majority of Clients, Apolat Legal has gathered the most basic provisions on the subjects to be protected, the scope of rights to be protected… of intellectual property rights in accordance with the current Vietnamese IP law in the Intellectual Property Handbook,  which is issued online on Apolat Legal’s website and fanpage. To read the full content of this handbook, please refer here (English version shall be uploaded shortly).

In August, our personnel had some remarkable article, which analysis hot, public-concerned issues, specifically:

  • In the recent years, many businesses take advantage of debt collection services to commit acts of property rape, usury, black credit, causing bad effects on social-order and security; therefore Article 6 of the Investment Law 2020 stipulates that “debt collection service business” is banned from business investment. Accordingly, Lawyer Pham Thi Thoa has an analysis article on “Issues surrounding the ban on “debt collection”, published on the Saigon Time newspaper, issue on August 6, 2020. To read the entire article, please visit here.                                                                                   
  • In Vietnam, the current Intellectual Property Law does not regulate a separate provision for the settlement mechanism of intellectual property disputes. Still, it applies the resolution institutions of civil/commercial dispute or administrative measures to solve, while these measures have certain limitations in practice. Accordingly, our paralegal Tran Thi Ngoc Hoa and Master Tran Chau Hoai Han have an article on the topic “The need to establish an Intellectual Property Court in Vietnam” published on the Saigon Times newspaper issued on August 13, 2020. To read the entire article, please visit here.
  • The problem of fake books and pirated books have existed for a long time ago and is increasing and on a large scale day by day, even publicly offered on the Internet. Clients can see more information on this issue in the article “‘Trying to find solutions against counterfeit and pirated books” by expert Nguyen Vu Hoang Long published on the Saigon Times newspaper No. 34/2020 dated August 20th The content of the article, please refer here.

In addition, our value Clients can visit https://apolatlegal.com/category/articles to refer to more legal articles suitable to your demand.

2| The remarkable news in August 2020

Apolat Legal’s operational news:

Apolat Legal is pleased to announce that, as from 20/08/2020, our headquarters in Ho Chi Minh City will be relocated to the 5th floor, IMM Building, 99-101 Nguyen Dinh Chieu, Ward 6. District 3, Ho Chi Minh City, and look forward to welcoming you all here. For more detailed notice, please see here.

Besides, Apolat Legal has been invited to present on the webinar “Vietnam _ Rooftop Solar Masterclass – What you need to know about Construction and Installation of RTS Project – Taxation of the EPC” this webinar is part of the series of digital events Masterclass_Vietnam Rooftop Solar 2020 hosted by NeoVenture. On the one hand, this webinar mainly focused on the introduction of different EPC contracts and how to choose the right engineering, procurement and construction (EPC) or installation partners to green out Vietnam’s RTS growth path. On the other hand, our team also analyzed taxation of the EPC, taxes applying to the payments the RTS Project company makes to the EPC provider.

Legal News:

On August 10, 2020, the Prime Minister issued Decision 22/2020/QD-TTg on reduction of land rent for those affected by Covid-19. For details on subject and scope to be reduced, please refer here.

In order to guide and implement Decision No. 13/2020/QD-TTg on the mechanism to encourage the development of solar power projects in Vietnam, the Minister of Industry and Trade has issued Circular No. 18/2020 / TT- MOIT provides for project development and sample PPA applicable to solar power projects. For more information about the content of the Circular, please see here.

Vietnam Social Security has issued Official Letter No. 2533/BHXN-BT guiding to continue to postpone the payment to the retirement and death fund until the end of December 2020. Detailed instructions, please refer here.

3| The remarkably executed legislation in May 2020

No.

 

DOCUMENT TITLE

 

EXECUTION DATE

 

EFFECTIVE DATE

 

1. Decree 84/2020/ND-CP guiding the Education Law

 

17/07/2020 01/09/2020
2. Decree 55/2020/ND-CP guiding the Law on Execution of Criminal Judgments on judgment execution for commercial legal entities

 

22/05/2020 15/07/2020
3. Decree 91/2020 / ND-CP on combating spam messages, spam emails, and spam calls

 

14/08/2020 05/10/2020
4. Circular 16/2020 / TT-BCT amending Circular 44/2015/TT-BCT regulating project development, avoidable cost tariff schedule and sample PPA applicable to biomass power projects Issued by the Minister of Industry and Trade

 

07/07/2020 20/08/2020
5. Circular 18/2020/TT-BCT on project development and sample PPA applicable to solar power projects issued by the Ministry of Industry and Trade.

 

17/07/2020 31/08/2020

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