The Supreme People’s Court has just announced 4 more case laws

1. The Supreme People’s Court has just announced 4 more case laws

The Supreme People’s Court has just issued Decision 323/QD-CA in 2022, announcing four more case laws that have been approved by the Council of Judges of the Supreme People’s Court, including:

  • Case Law No. 53/2022/AL on annulment of illegal marriage; 
  • Case Law No. 54/2022/AL on determining custody rights of children under 03 years old in cases where the mother does not directly care for, nurture and educate the child; 
  • Case Law No. 55/2022/AL on recognition of the validity of a contract that violates the formality conditions; 
  • Case Law No. 56/2022/AL on the settlement of disputes over grave relocation.

2. Correcting regulations on collateral for special loans

On October 28th, 2022, the Governor of the State Bank issued Circular 13/2022/TT-NHNN amending Circular 08/2021/TT-NHNN providing special loans for specially controlled credit institutions.

Accordingly, amendments to regulations on collateral for special loans shall be considered and decided by the State Bank. In the case of a special loan specified at Point a, Clause 1, Point b, Clause 2, Point b, Clause 3, Article 4, and Point a, Clause 1, Article 6 of Circular 08/2021/TT-NHNN, the borrower must use the secured property in the following order of priority:

  • Pledge of State bank bills, government bonds, bonds guaranteed to pay 100% of principal value, interest on maturity, local government bonds in the List of valuable papers used in transactions of the State Bank;
  • Pledge of bonds issued by commercial banks where the State holds more than 50% of charter capital (except for commercial banks that have been forced to purchase);
  • Pledge of bonds issued by credit institutions that are not specially controlled (except commercial banks specified at point b of this Clause) and other enterprises;

Circular 13/2022/TT-NHNN takes effect from October 28th, 2022.

Download the legal update as a PDF here.

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