LEADCO LEGAL COUNSEL

06/07/2023

We are hiring! Join us if you are interested!

Công Ty Luật TNHH MTV Leadco tuyển dụng Nhân Viên Tư Vấn Luật Tại Hà Nội Thu Nhập Cạnh Tranh lương hấp dẫn, môi trường chuyên nghiệp, phúc lợi tốt. Tìm hiểu tại VietnamWorks!

21/12/2022

Happy Holidays to our friends and family!

20/12/2022

Season’s Greeting & Happy New Year 2023!

15/11/2022

2022 marks our 30 years of excellence in the practice of law and contribution to the economic development of Vietnam.

20/10/2022

Happy Vietnamese Women’s Day!

28/07/2022

On June 13, 2022, the National Assembly promulgates the Resolution No. 50/2022/QH15 on the 2023 law- and ordinance-making Program and adjustments to the 2022 law-and ordinance-making Program.

According to this Resolution, the 2022 law-and ordinance-making Program is adjusted as follows: to change the name of the draft Law on Exercise of Democracy in Communes, Wards and Townships to Law on Exercise of Democracy at the Grassroots Level; to adjust the time for submission of the draft Land Law (amended) for discussion from the 3th session (May 2022) to the 4th session (October 2022) and 5th session (May 2023) before being passed at the 6th session (October 2023).

Besides, to add the following draft laws to the 2022 law- and ordinance-making program for submission to the National Assembly for discussion at the 4th session (October 2022): the (amended) Law on Bidding; (amended) Law on Price; (amended) Law on E-Transactions; (amended) Law on Cooperatives; (amended) Law on Civil Defense.

Remarkably, at the 6th session (October, 2023), to submit to the National Assembly for passage 6 laws, namely: the (amended) Land Law; (amended) Law on Real Estate Business; (amended) Housing Law; (amended) Law on Water Resources; (amended) Law on Telecommunications; Law on Management and Protection of National Defense Works and Military Zones. At the same time, to submit draft laws of the (amended) Law on Social Insurance and (amended) Law on Archive to the National Assembly for discussion.

27/07/2022

The Ministry of Planning and Investment’s Circular No. 09/2021/TT-BKHDT guiding the selection of investors to implement investment projects in the form of public-private partnership and land-using investment projects is promulgated on November 16, 2021.

Specifically, notices of invitation to express interests, and preliminary requirements on capacity and experience for land-using investment projects shall be prepared according to the form provided in this Circular. Requirements on capacity and experience may only have contents aimed solely at selecting investors that preliminarily meet such requirements, and may not set out any conditions to limit participation of investors or bring about advantages for one or several investors, thus leading to unfair competition.

In addition to criteria for evaluation of capacity and experience of investors as prescribed, other evaluation criteria shall be added on the following principles: Being suitable to size, characteristics, field and specific conditions (if any) of each project; Being not in contravention of law; neither limiting participation of investors nor bringing about advantages for one investor or several investors, thus leading to unfair competition.

Besides, lists of land-using investment projects and projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources shall be publicized on the national public procurement network for 07 working days after they are approved (for projects not subject to investment policy approval in accordance with the investment law) or after preliminary requirements on capacity and experience are approved (for projects subject to investment policy approval in accordance with the investment law).

This Circular takes effect on January 01, 2022.

26/07/2022

The Circular No. 58/2021/TT-BTC providing guidance on a number of articles of the Decree No. 158/2020/ND-CP dated December 31, 2020 of the Government on derivatives and the derivatives market is promulgated by the Ministry of Finance on July 12, 2021.

Specifically, an investor must sign a contract to open a derivatives trading account with a trading member. A securities investment fund management company may open multiple derivatives trading accounts at each trading member as follows: The company may open 02 general trading accounts under its name to manage the investment portfolios for entrusting investors, of which one is for derivatives trading for domestic entrusting investors, another for derivatives trading for foreign entrusting investors.

Also, the securities investment fund management company may open 01 derivatives trading account for each investment fund or securities investment company managed by the securities investment fund management company under the name of such investment fund or securities investment company at each trading member.

Besides, a clearing member shall open margin deposit accounts for investors in the name of such clearing member and is responsible for managing margin deposits of the investors separately. The clearing member opens for each investor 01 margin securities account to manage positions, margin obligations, collateral value, and transferable assets as well as to fulfill settlement obligations for the position on such investor's trading account.

This Circular takes effect on August 27, 2021.

25/07/2022

On July 15, 2021, the Government issues the Decree No. 69/2021/ND-CP on renovation and reconstruction of condominiums.

Accordingly, the Government specifies 03 cases in which the condominiums shall be demolished to construct new condominiums or other works under planning, including: Condominiums that shall be urgently demolished due to incidents, natural disasters, fire and explosion in accordance with the law provisions; Condominiums which have expired, or those that have not expired but received inspection and conclusion on the relocation or demolition by a provincial-level competent agency as prescribed; Condominiums whose one of the main structural components, including foundations, columns, walls, ceilings, and beams, is damaged and does not meet the requirements for normal use, which are not yet subject to demolition as prescribed in Clause 2 of this Article but located in the same areas with those subject to demolition as prescribed in Clause 2, Article 110 of the Law on Housing.

In addition, if, in the old locations of condominiums which are subject to demolition, construction works other than condominiums are planned to be built, the condominium owners may choose between monetary compensation or resettlement at other locations. If the owners choose resettlement in other locations, they may be arranged in resettlement housing projects or commercial housing projects in the same commune-level areas; if there is no such housing project in the commune-level area, they shall be resettled in the same district-level area; if there is no such housing project in the district, they may be resettled in the neighboring district or, upon the wish of the condominium owners, they may be entitled to buy, rent, or rent-purchase social houses in the locality in accordance with the law provisions on housing.

This Decree takes effect from September 01, 2021.

24/07/2022

BY 2025, 100% OF ENVIRONMENTALLY FRIENDLY PLASTIC BAGS AND PACKAGING
WILL BE USED AT SUPERMARKETS

On July 22, 2021, the Prime Minister issues the Decision No. 1316/QD-TTg approving the scheme for strengthening management of plastic wastes in Vietnam.

According to this Decision, specific objectives of the scheme as below: 100% of environmentally friendly plastic bags and packaging will be used at shopping centers and supermarkets for domestic purposes as replacement for non-biodegradable plastic bags; 85% of generated plastic wastes will be collected, reused, recycled and disposed of; 50% of marine plastic wastes will be reduced; 100% of tourist attractions, tourist accommodation establishments and hotels will not use non-biodegradable plastic bags and single-use plastic products; etc.

The Prime Minister specifies tasks and solutions to implement the scheme, including: Investigate, survey and assess the situation of generation, collection and treatment of plastic wastes; Implement training, communication and international cooperation on plastic waste management; Research on, apply technologies and deploy models and activities related to the management of plastic wastes and the production of environmentally friendly products.

This Decision takes effect on the signing date.