The Law on Credit Institutions and The Role of Banking and Finance Lawyers

  In the wake of Vietnam’s amended Law on Credit Institutions, banking and finance lawyers in Vietnam have become indispensable allies for clients navigating the complexities of compliance. The new legislation, which strictly prohibits banks from tying the sale of non-mandatory insurance products to the provision of banking products and services, marks a significant shift in the regulatory landscape. Banking and finance lawyers are pivotal in interpreting these changes, ensuring that clients not only understand the new rules but also implement strategies that align with them.

Update on the The Amended Law on Credit Institutions

The Amended Law on Credit Institutions, which was recently passed, strictly prohibits banks from tying the sale of non-mandatory insurance products to the provision of banking products and services in any form.

Disclosure of Information on Shareholders Owning from 1% of Charter Capital or More

On the morning of January 18, with 450 delegates voting in favor (accounting for 91.28%), the National Assembly officially passed the Amended Law on Credit Institutions. Before the vote, the Standing Committee of the National Assembly (SCNA) reported to the National Assembly on several major issues that were considered, explained, and adjusted in the draft law.

Regarding certain regulations related to cross-ownership, manipulation, and influence over credit institutions, there were opinions that measures to reduce the ownership ratio of shares and limit credit issuance had not resolved the issue of cross-ownership, manipulation, and influence as in recent times, with the importance being on the supervision of enforcement.

The SCNA agreed with the opinions of the delegates, and therefore, in addition to regulating the reduction of the ownership ratio of shares and credit issuance limits, the draft law has been supplemented with provisions on the provision and public disclosure of information. In particular, shareholders owning from 1% of the charter capital of a credit institution (CI) must provide information, and the CI must publicly disclose the information of these shareholders to ensure transparency.

The SCNA requests the Government to direct the State Bank of Vietnam (SBV) to enhance coordination effectiveness with relevant ministries and sectors, and at the same time, to develop solutions to increase the effectiveness of inspection, audit, supervision, and to ensure the maximum limitation of cross-ownership, manipulation, and influence over CIs.

Regarding early intervention in credit institutions, during the discussion, there were suggestions to carefully consider the regulations requiring CIs to clearly explain the risk level provisions not yet allocated, the profits to be collected not yet allocated in financial reports, including public financial reports listed in the draft law.

Reporting on this issue, the SCNA stated that the draft law had prescribed the public disclosure of financial reports according to legal regulations, except for the case where the CI is under special control. Therefore, based on the proposal of the Government, the SCNA accepted the opinions of the delegates regarding the regulations on risk provisions not yet allocated, the profits to be collected not yet allocated as in the draft law.

The SCNA requests the Government, in the process of implementing the law, to instruct the SBV to take responsibility and develop appropriate solutions to clearly understand the financial situation of these CIs when they are subject to support mechanisms, ensuring the safety of the CI system.

The Amended Law on Credit Institutions Come into Force from July 1, 2024

Regarding the issue of ending early intervention, the SCNA agreed with the opinions of the delegates that the SBV has the responsibility to issue documents for implementation, as well as to terminate early intervention.

The SBV has the responsibility to monitor, supervise, and ensure that the CIs have remedied the conditions leading to early intervention.

Concerning special lending to people’s credit funds, there were suggestions to remove the provision of the SBV deciding on special lending by cooperative banks with an interest rate of 0%/year, without collateral for people’s credit funds in the draft law.

The SCNA agreed with the opinion of the delegates that the cooperative banks have the right to decide on special loans by cooperative banks to people’s credit funds.

Regarding the handling of bad debts and secured assets, there were suggestions to add transitional provisions for contracts with secured assets being real estate projects signed before the law takes effect.

Accepting this opinion, the draft law was revised to stipulate the transfer of the entire or a part of real estate projects as secured assets to recover debts and the transfer of the entire or a part of real estate projects that have been received as secured assets before the law takes effect to recover debts from the draft law.

Clarifying the Scope of Insurance Agency Activities of Credit Institutions

Regarding the insurance agency activities of CIs, there were suggestions to study legislation to have sanctions to strictly deal with violations by CI employees, such as inadequate advice causing some customers to confuse insurance products with banking products, or the requirement to purchase insurance linked to loan requests when customers need to borrow from the bank. There were also opinions that commercial banks should not be allowed to link to sell insurance; cross-selling of life insurance should be prohibited.

Accepting the opinions of the delegates, the SCNA revised the draft law by adding provisions on prohibited acts as follows: CIs, foreign bank branches, managers, executives, and employees of CIs, foreign bank branches are strictly prohibited from tying the sale of non-mandatory insurance products to the provision of banking products and services in any form. Concurrently, the Governor of the SBV is tasked with regulating the scope of insurance agency activities of CIs to be appropriate for the nature and activities of the banking sector.

Navigating Compliance in Vietnam: The Role of Banking and Finance Lawyers

The Critical Guidance of Banking and Finance Lawyers

Banking and finance lawyers play a crucial role in advising clients on the full spectrum of regulatory compliance, including the recent mandate for transparent disclosure of information by shareholders owning from 1% of charter capital or more. This transparency is a move towards greater accountability within the financial sector, and banking and finance lawyers are at the forefront, providing the legal framework through which clients can navigate this new demand for openness.

With the law set to take effect from July 1, 2024, banking and finance lawyers are already helping clients prepare for the upcoming changes. They offer expert guidance on creating policies and procedures that align with the law’s requirements, such as establishing clear boundaries between banking services and insurance product offerings.

Banking and Finance Lawyers: Ensuring Compliance and Transparency

The new law’s emphasis on transparency means that banking and finance lawyers must ensure that their clients are ready to disclose relevant financial information. This includes assisting credit institutions in the clear explanation of risk provisions and profits in financial reports. Banking and finance lawyers play a vital role in revising and preparing financial documents that meet the stipulations of the amended law, safeguarding clients from non-compliance repercussions.

Additionally, banking and finance lawyers are advising clients on early intervention termination procedures. They are ensuring that the State Bank of Vietnam’s (SBV) requirements for monitoring and supervising credit institutions are understood and adhered to, helping clients correct conditions that could lead to early intervention.

The Invaluable Assistance of Banking and Finance Lawyers in Special Lending

Banking and finance lawyers are also at the center of consultations regarding special lending to people’s credit funds. They are instrumental in clarifying the rights and obligations under the new provisions, advising cooperative banks on their decision-making regarding special loans. Their expertise is critical in ensuring that these transactions are carried out within the legal framework, maintaining the integrity of the financial system.

Handling Bad Debts and Secured Assets with Banking and Finance Lawyers

When it comes to handling bad debts and secured assets, banking and finance lawyers are providing essential counsel on transitional provisions, particularly for contracts with real estate projects as secured assets. They assist in the delicate process of debt recovery, ensuring that any transfer of assets complies with the newly established laws.

Clarifying Insurance Agency Activities: The Expertise of Banking and Finance Lawyers

As the law defines the scope of insurance agency activities for credit institutions, banking and finance lawyers are crucial in interpreting and implementing these regulations. They guide banking clients on how to lawfully conduct insurance agency activities, ensuring that these services are offered without violating the strict prohibitions on cross-selling.

Banking and Finance Lawyers: Proactive Partners in Compliance

Banking and finance lawyers are not just reactive to changes; they proactively work with clients to anticipate and prepare for shifts in the regulatory landscape. Their forward-thinking approach helps clients stay ahead of compliance issues, minimizing risks associated with regulatory changes.

The amended Law on Credit Institutions has underscored the need for rigorous compliance in Vietnam’s banking sector. Banking and finance lawyers have emerged as essential partners, providing the expertise necessary to navigate these changes effectively. As clients adjust to the new regulatory demands, banking and finance lawyers remain committed to delivering the legal solutions and strategic advice that ensure seamless adherence to the law and the continued success of financial operations.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/law-on-credit-institutions-and-role-of-banking-and-finance-lawyers.html

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Protecting IP Rights through a Photography Contract in Vietnam

  In the vibrant and evolving landscape of photography in Vietnam, the significance of a well-structured photography contract in Vietnam cannot be overstated, especially when it comes to safeguarding intellectual property (IP) rights. A photography contract in Vietnam serves as a legal backbone, offering protection and clarity to both photographers and clients. This article aims to dissect the elements that constitute a successful photography contract in Vietnam, particularly focusing on the protection of IP rights.

Importance of a Photography Contract in Vietnam

At its core, a photography contract in Vietnam is more than just a formal agreement; it’s a tool that ensures mutual understanding and respect between the photographer and the client. In Vietnam, where the photography industry is booming, the need for such contracts has never been more pronounced. A robust photography contract in Vietnam addresses a myriad of aspects, from the scope of work to the delicate intricacies of IP rights, thereby laying a foundation for a successful professional relationship.

Essential Components of Photography Contracts in Vietnam

A successful photography contract in Vietnam should comprehensively cover all aspects of the engagement. This includes project details, deliverables, timelines, payment terms, cancellation policies, and, crucially, the terms related to IP rights. Clear stipulations about who holds the copyright upon project completion, usage rights, and licensing should be explicitly mentioned to avoid future disputes.

Protecting IP Rights in Photography Contracts

The crux of a photography contract in Vietnam, when it comes to IP rights, is to delineate clearly who owns the photographs post-completion and how they can be used. Typically, in Vietnam, photographers retain the copyright to their images. However, the contract should specify whether the client is obtaining the images for exclusive use, if there are any restrictions on the use of these images, and how credit should be given in public domains.

Licensing and Usage Rights

A well-crafted photography contract in Vietnam will also detail the licensing agreement. This section governs how the client can use the photographs, for what duration, and in what territories. This is particularly important for photographers in Vietnam, ensuring that their work is not used beyond the agreed terms, which could potentially dilute their IP rights.

Tailoring Contracts to Different Photography Niches

The nature of the photography contract in Vietnam may vary depending on the niche – be it commercial, event, or portrait photography. Each of these areas has unique considerations in terms of IP rights. For instance, commercial photography contracts in Vietnam often involve broader licensing terms compared to portrait sessions. Understanding these nuances is key to drafting a successful contract.

Negotiation Strategies

Negotiating a photography contract in Vietnam requires a balance between protecting one’s IP rights and meeting client expectations. Photographers should approach negotiations transparently, ready to explain the importance of IP rights and how they impact the contract terms.

Addressing Copyright Infringement

A comprehensive photography contract in Vietnam should also outline the course of action in case of copyright infringement in Vietnam. This part of the contract is crucial for photographers to ensure they have legal recourse if their IP rights are violated.

Adapting to Digital Challenges

In today’s digital age, a photography contract in Vietnam must also consider online usage and digital rights. With the widespread dissemination of images across digital platforms, photographers need to clearly define how their images can be used online and the limitations of such usage.

Role of Legal Counsel in Vietnam

For photographers in Vietnam, seeking legal counsel in Vietnam in drafting a photography contract can be invaluable. Legal experts can provide insights into the latest developments in IP law and ensure the contract is legally sound and enforceable.

Educating Clients about IP Rights

Part of the responsibility of using a photography contract in Vietnam is educating clients about IP rights. This not only protects the photographer but also helps clients understand the value and limitations of the creative work they are commissioning.

Future-Proofing Photography Contracts

As the industry evolves, so must the photography contract in Vietnam. Photographers should periodically review and update their contracts to reflect changes in law, market practices, and their own business models.

In conclusion, a well-crafted photography contract in Vietnam is indispensable for photographers, particularly for protecting their IP rights. It provides a framework that ensures clarity, fairness, and respect for both parties involved.

By addressing all critical aspects, from licensing to copyright infringement, and adapting to the digital landscape, a photography contract in Vietnam not only secures the photographer’s creative rights but also fosters a professional and mutually beneficial relationship with clients. As the photography industry in Vietnam continues to grow and evolve, these contracts will remain a cornerstone in the professional practice of photography.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/photography-contract-in-vietnam.html

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Rooftop Solar Power Regulations. Empowering a Green Future in Vietnam.

  The development of a legal framework for rooftop solar power systems in Vietnam is a crucial step towards harnessing the country’s renewable energy potential. As a tropical country with high solar irradiance, Vietnam has the capacity to become a leader in solar energy production in the Asia-Pacific region. The implementation of rooftop solar power regulations is not only a reflection of global trends towards sustainable energy but also a strategic move for Vietnam’s energy security and environmental commitments.

The Ministry of Industry and Trade in Vietnam is proposing to develop mechanisms for the advancement of rooftop solar power, including a wide range of participants and practical applications to promote this energy source. However, the process of crafting a government decree on rooftop solar power regulations requires time to perfect the documents and consult with relevant parties, while many businesses and residents eagerly anticipate the new framework.

Rooftop Solar Power Regulations: Expanding Participation

The proposed rooftop solar power regulations are being finalized to include in the legislative construction program. Based on feedback from related parties and agreement to include this content in the legislative program, the Ministry of Industry and Trade will draft a decree for consideration and issuance by the government. However, the timeframe for developing the decree on rooftop solar power development, including drafting rooftop solar power regulations, may be lengthy.

Furthermore, the government’s direction for rooftop solar power development at the decree level will have a wider scope, not limited to residential systems, government buildings, and industrial zones, but also including various entities such as shopping centers, service areas, and rooftops within industrial zones. This expansion means that the groups encouraged to develop rooftop solar power may be broader than those in the most recent draft decree on rooftop solar power regulations constructed by the Ministry of Industry and Trade.

Previously, the draft decree only encouraged the development of rooftop solar power systems installed in residential houses and government buildings for self-consumption without selling electricity to other organizations or individuals, but with grid connection as per the agreement.

In addition to expanding the target group, the new mechanism is expected to encourage rooftop solar power with potential tax, fee, and charge incentives as per legal regulations. State agencies prioritize budget allocations for the development of rooftop solar power at their facilities.

The Ministry of Industry and Trade assures that the new mechanism does not propose policies that create additional administrative procedures for ministries, but administrative procedures are necessary to monitor the development of rooftop solar power systems as required by the state and should be implemented by local authorities.

Pending Rooftop Solar Power Regulations

While waiting for the new policy and in particular rooftop solar power regulations, many solar power businesses and manufacturers express urgency as there have been no specific regulations since the expiration of the previous incentive scheme in 2020. The demand for installing rooftop solar power on factory roofs and industrial zones is rising in the manufacturing sectors of FDI companies in Vietnam, especially in the electronics, semiconductor, and textile industries.

With commitments to net-zero emissions, international brands and manufacturers in Vietnam need to meet renewable energy transition requirements, presenting an opportunity for the distributed solar energy market to grow in Vietnam.

What businesses first require is a legal corridor to deploy rooftop solar power models on their factory roofs, even if solely for on-site manufacturing use.

Beyond residential households, many manufacturing businesses also need rooftop solar power to meet emission reduction targets, sustainable development practices, or to comply with green environmental standards (LEED, Lotus…), including renewable energy usage rates from the global supply chain.

Therefore, if policies are flexibly built for households, office premises, and manufacturing businesses, it will maximize the advantages of rooftop solar power while contributing to the country’s broader goals of energy transition, emission reduction, and the Net Zero target by 2050.

For instance, businesses could be prioritized for self-production and self-consumption models, with grid connections but not selling electricity to the national grid. For households, the focus could be on self-consumption, possibly regulating the proportion of on-site energy use in areas that need priority, like the North, to encourage investment and avoid electricity waste.

In conclusion, establishing rooftop solar power regulations in Vietnam is essential. These regulations will not only bolster the clean energy sector but also encourage economic growth, reduce environmental impact, and support Vietnam’s sustainability goals. The detailed legal framework will provide clarity and security for investors and users alike, ensuring the strategic and efficient utilization of Vietnam’s solar potential. As the country looks towards a greener future, the role of well-crafted rooftop solar power regulations becomes increasingly significant.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/vietnam-developing-rooftop-solar-power-regulations.html

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8 Key Highlights of the Amended Land Law

  

What Are Changes in Land Law?

Land law serves as a fundamental pillar in the socio-economic structure of any nation, and Vietnam is no exception. As Vietnam continues to experience rapid industrialization and urbanization, the importance of a robust and adaptive Land Law becomes increasingly paramount.

On the morning of January 18, at the closing session of the 5th extraordinary meeting of the 15th National Assembly, with 432 out of 477 delegates approving, the National Assembly passed the amended Land Law, which will come into effect from January 1, 2025.

According to the Ministry of Natural Resources and Environment, the amended Land Law includes 16 chapters with 260 articles, amending and supplementing 180 out of 212 articles of the 2013 Land Law and adding 78 new articles.

The amended Land Law has institutionalized the Party’s guidelines, resolving difficulties and problems identified during the summary of the implementation of the Land Law. The new contents include:

Land Policies for Ethnic Minorities According to the Ministry of Natural Resources and Environment, the amended Land Law has specified regulations to institutionalize the Party’s policies on land for ethnic minorities.

Accordingly, the law has stipulated policies to ensure communal living land; allocation and leasing of land for ethnic minorities lacking residential and production land; responsibilities of state agencies in developing and implementing land support policies for ethnic minorities.

The amended Land Law also prescribed resources to implement policies; ensure land funds to carry out land policies for ethnic minorities; and set restrictions on some rights of land users in cases where land is allocated, leased, or changed in use purpose under land support policies for ethnic minorities…

The amended Land Law specifically regulates policies to support residential land, agricultural production land, and non-agricultural business land for individuals who are ethnic minorities living in poverty or near-poverty in ethnic minority and mountainous areas.

Forms of land allocation include: allocation of residential land within the limit; allowing the change of land use purpose to residential land within the land limit for land originating from state allocation, lease, recognition, or acquired through inheritance, donation, transfer of land use rights as prescribed by law; allocation of agricultural land within the limit; leasing of non-agricultural land that is not residential for business purposes.

For those who have been allocated or leased land for the first time but now have no land or lack land, they are to be further allocated residential land within the limit, allowed to change the use purpose to residential land within the limit; further allocation of agricultural land within the limit or leasing of non-agricultural land that is not residential for business purposes.

The law also stipulates that ethnic minorities who are beneficiaries of policies shall be allocated land by the state without charge for land use.

On Planning and Land Use Planning According to the Ministry of Natural Resources and Environment, the amended Land Law has perfected the regulations on planning and land use planning, ensuring this is the foundation of the state management of land.

Specifically, the law has supplemented and completed the principles of land use planning to ensure the consistency of the planning system. Land use planning and plans are developed at three levels: national, provincial, and district.

Higher-level land use planning ensures the land use needs of the lower levels; lower-level land use planning must conform to the higher-level land use planning.

The development of land use planning and plans at all levels must ensure the participation of political-social organizations, communities, and individuals; ensure openness and transparency. Land use planning at all levels is developed simultaneously; higher-level land use planning must be decided and approved before lower-level planning.

The amended Land Law continues to regulate the development of annual district-level land use plans, but the provisions are simplified, not requiring the annual district-level land use plan to include the demand for change of land use purpose associated with residential land of households and individuals.

Furthermore, the law supplements the list of projects for compensation, support, and resettlement separated from investment projects as prescribed by public investment law in the content of annual district-level land use plans.

The law also enhances the openness, transparency, and public participation in land use planning by organizing consultations; supplementing and completing regulations on the implementation of land users’ rights in planning areas. Accordingly, if land use planning has been announced but the annual district-level land use plan is not yet available, land users can continue to use and exercise their rights.

The law also provides that the land area determined in the annual district-level land use plan that has been approved by the competent authority for project implementation or for change of land use purpose, if after two consecutive years has not been decided upon for land recovery or not permitted to change land use purpose, the competent authority that approved the plan must review, evaluate, adjust, cancel, and must announce the adjustment, cancellation for the public knowledge.

If there is no adjustment, cancellation, or there is an adjustment, cancellation but it is not publicly announced, the land users are not restricted in their rights to use the land as prescribed by law.

Regarding land allocation, leasing, and conversion of land use purposes

The amended Land Law has added many bases for land allocation, leasing, and permission to change land use purposes. For cases where the state allocates land without collecting land use fees, the law specifies the subjects who are allocated land by the state without land use fees for constructing state agency headquarters. Additionally, three cases have been added, including: allocating land for agencies, organizations to implement public housing projects; allocating land to ethnic minorities who are beneficiaries of policies; and allocating land for religious purposes as compensation for cases where the state recovers religious land.

For cases where the state allocates land with land use fees, the law also adds three instances, including: economic organizations allocated land to implement commercial housing projects, social housing, housing for the armed forces; investment projects for renovation and reconstruction of apartment buildings; constructing facilities for storing ashes.

The second case is for overseas Vietnamese and foreign-invested economic organizations allocated land to implement commercial housing projects as per the housing law; using land received through the transfer of real estate projects as per the real estate business law for cases where the state allocates land with land use fees.

The third case is for households, individuals, overseas Vietnamese allocated land as land compensation when the state recovers land.

Regarding cases where the state leases land, the law also specifies the instances where the state collects a one-time land lease fee for the entire lease period. At the same time, it specifies cases of land allocation and leasing that must go through bidding or auction and cases where land allocation and leasing do not require going through these processes.

Regarding the conversion of land use purposes, the Ministry of Natural Resources and Environment indicates that it has been controlled by the amended Land Law from the planning and land use planning stages, with provisions that the content of district-level land use planning must specifically determine the area of land allowed for conversion of use.

The conversion of land use purposes is also controlled from the step where competent authorities organize investment policy decisions, land use rights auctions, and investor selection for projects through regulations on decisions to allow the conversion of land use purposes based on investment policy decisions, auction results of land use rights, and results of investor selection for project implementation.

The amended Land Law also specifically regulates cases of land use for commercial housing projects through the mechanism where the state recovers land to organize auctions of land use rights, tendering for investor selection for the project, conversion of land use purposes for those currently having land use rights for residential land, and other types of land.

The amended Land Law also provides for the amendment of some articles of the Forestry Law to centralize the entire authority to approve the conversion of forest use purposes to the Provincial People’s Councils.

Why Land Law is Important in Vietnam?

The Land Law in Vietnam governs the allocation, use, and management of land, which is a critical resource for agricultural productivity, industrial development, and urban expansion. It establishes the framework for land ownership rights, usage regulations, and the responsibilities of land users. Given that all land in Vietnam is owned collectively by the people and managed by the state, the Land Law provides the necessary legal guidelines for the state to regulate land use effectively.

An updated and well-structured Land Law is vital for several reasons. Firstly, it underpins economic development. With clear land use regulations, investors and businesses have the confidence to invest, knowing their land rights are protected. This attraction of investment is crucial for the growth of Vietnam’s economy, providing job opportunities, enhancing productivity, and contributing to national revenue.

Secondly, the Land Law plays a significant role in agricultural reform. It enables the restructuring of land for agricultural efficiency, allowing for larger farming plots and more effective cultivation, which can lead to increased agricultural output and better food security for the nation.

Thirdly, it is critical for urban planning and sustainable development. As cities expand, the need for planned urban growth becomes essential to avoid haphazard development and ensure the sustainable use of land resources. The Land Law facilitates this by setting out the planning requirements and ensuring that land is used in a way that is beneficial for social and economic progression while preserving the environment.

Fourthly, the Land Law in Vietnam ensures social equity and stability. By providing a legal framework for land allocation and use, it helps prevent land disputes which can arise from unclear land regulations. This is particularly important in Vietnam, where land-related issues are among the most common causes of disputes and protests.

Finally, the Land Law addresses environmental concerns by incorporating land use strategies that contribute to environmental protection and sustainable land management. It is pivotal in regulating the exploitation of natural resources, conserving biodiversity, and mitigating the impacts of climate change through proper land use planning and management.

In conclusion, the Land Law in Vietnam is not merely a set of rules governing land transactions; it is a strategic instrument that shapes the country’s development trajectory. It ensures that land resources are used efficiently and responsibly, aligning with the broader goals of economic growth, social justice, and environmental sustainability. As Vietnam moves forward, the ongoing evolution of its Land Law will continue to be a key driver in its journey towards a prosperous and equitable society.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/8-key-highlights-of-the-amended-land-law.html

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Vietnam Announced 11 Standards for EV Charging Stations. Roles of EV Lawyers

  The Ministry of Science and Technology has announced the establishment of 11 Vietnamese Standards (TCVN) related to electric vehicle charging stations, of which nine standards are for the charging stations themselves and two standards are for electric vehicle battery swapping. This is part of the efforts to develop Electric Vehicle (EV) and related Infrastructures industry in Vietnam.

The electric vehicle industry is accelerating at a rapid pace, and with it comes a complex array of regulatory frameworks that companies must navigate. EV lawyers play an essential role in this dynamic landscape, ensuring that companies in the EV and infrastructure sectors are not only compliant with current laws but are also prepared for the road ahead. These legal professionals become the navigators for businesses steering through the intricacies of EV-related legislation.

18 Standards Related to Electric Vehicle Being Developed

These 18 standards were developed based on the equivalent standards of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC).

The Ministry of Science and Technology is currently developing 18 standards related to electric vehicle charging stations and related electrical equipment such as charging heads, charging cables, and devices for measuring the electricity used to charge electric vehicle batteries. Additionally, the Ministry is amending and supplementing some laws regarding measurement for group 2 vehicles to include “devices for measuring electricity used to charge electric vehicle batteries. This revised circular is expected to be issued in 2024.

In the future, the Ministry of Science and Technology, along with other ministries and sectors, will research and submit for competent authority approval policies to support investors in developing electric vehicle charging station infrastructure and encourage consumers to use this type of vehicle.

Currently, in Vietnam, there is no policy to support the development of a network of charging stations, so the needs of the people are not being met. At a seminar held in November 2023 to promote the development of electric vehicles, it is reported that to date, the country has 20,065 electric cars produced, assembled, and imported that have been certified. This number is expected to grow in the future, but the charging station system is still very insufficient.

There are several reasons why the development of charging stations is limited in Vietnam, such as manufacturers having to invest in construction with high costs, leading to a long payback period, or the number of electric vehicles not yet exploding to attract charging station providers. In addition, there are other social and macro reasons from government policies.

Currently, there are five charging standards from Europe, the United States, Japan, China, and a global standard (including Europe, based on the standard developed by Tesla) for two types of AC (alternating current) and DC (direct current) charging pillars.

Therefore, experts recommend that the government strongly support electric vehicle manufacturers, charging station suppliers, and the public, along with prioritizing charging infrastructure on routes with high traffic density. Lastly, investment in the electricity grid infrastructure is needed to meet the requirements for expanding charging stations.

EV Lawyers: Navigating the Legal Currents in EV Infrastructure Compliance

EV Lawyers: Powering Compliance in the EV Sector

EV lawyers provide indispensable guidance to companies involved in the manufacturing, distribution, and installation of EV charging stations. Their expertise is critical in interpreting the 11 Vietnamese Standards (TCVN) on EV charging infrastructure, which align with international standards set by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). EV lawyers work closely with clients to ensure that every charging station meets these stringent requirements.

With the Vietnamese Ministry of Science and Technology developing 18 additional standards related to EV charging stations and related electrical equipment, EV lawyers are essential in keeping companies informed and compliant. These standards cover a range of components from charging heads to the measurement devices for electricity used in charging EV batteries. EV lawyers review and advise on engineering designs, equipment procurement, and operational protocols to ensure full compliance with the evolving standards.

Charging Ahead: EV Lawyers and Infrastructure Investment

As the development of EV charging infrastructure in Vietnam is still in its infancy, with a significant need for network expansion, EV lawyers are at the forefront of facilitating this growth. They guide companies through the process of investing in and developing charging stations, providing legal insight into construction contracts, land use agreements, and the integration of charging stations into existing transportation networks.

Advocating for EV Growth: EV Lawyers as Policy Influencers

EV lawyers also act as policy influencers, advocating for supportive government policies that will benefit the EV industry. They engage with policymakers to develop incentives for investors and consumers, aiming to create a more conducive environment for the adoption of electric vehicles.

With their finger on the pulse of both legal and technological developments, EV lawyers assist companies in anticipating and adapting to policy changes. Their proactive approach helps clients to not only comply with current regulations but also to influence future legislative trends in the EV sector.

The Indispensable Current of EV Lawyers

The rise of electric vehicles is revolutionizing transportation and the way we think about energy. For companies in this burgeoning field, EV lawyers are the catalysts for success, ensuring that all aspects of EV infrastructure development are in line with legal requirements. These legal experts are not just advisors; they are strategic partners who enable companies to navigate the complex regulatory terrain with confidence.

As the EV industry continues to expand, the guidance of skilled EV lawyers will become ever more critical. They empower companies to charge forward, secure in the knowledge that their compliance is as robust as the electric currents fueling the future of transportation.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/roles-of-ev-lawyers.html

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Water Resources Law with 10 Strict Prohibitions Noted by Water Resources Lawyers in Vietnam

  In the evolving landscape of Vietnam’s environmental legal framework, the newly amended Water Resources Law, effective from July 1, 2024, brings to the fore critical changes that will significantly impact how water resources are managed and protected. With the introduction of ten strict prohibitions aimed at safeguarding water security and optimizing resource management, the complexity of compliance has heightened for businesses and individuals alike.

Water Resources Lawyers in Vietnam: Amended Water Resources Law with 10 Strict Prohibitions

Navigating these stringent new regulations requires the expertise of specialized water resources lawyers in Vietnam, who are indispensable in guiding stakeholders through the maze of legal obligations and ensuring adherence to these comprehensive reforms. Their role becomes particularly pivotal in advising on the prohibited acts that encompass a range of activities from waste disposal to unauthorized water exploitation, marking a decisive shift towards more sustainable water usage and management practices in Vietnam.

New Points in Water Resources Law

Additional Regulations to Ensure Water Security

The amended law introduces additional regulations to ensure the security of the national water supply, including the development of strategies, plans, programs, projects, and preventive and responsive measures to scenarios that threaten national water security.

Regarding Declaration, Registration, and Licensing of Water Resources

The amended law specifies in detail the procedures for declaration, registration, and licensing for the exploration, exploitation, and use of water resources. It also provides transitional regulations for completing the registration and licensing for the exploitation of water resources for irrigation works by June 30, 2027, as stipulated in the draft law.

Separation of Water Resource Management from Operation Management

The Water Resources Law (amended) is developed to clearly distinguish the unified comprehensive management of water resources from the management and operation of water exploitation and usage facilities (irrigation works, hydropower, urban and rural water supply, industrial service water supply, waterway transport, etc.); at the same time, it addresses overlaps, intermingling, conflicts, and loopholes in various laws.

Additional regulations aim to ensure national water security, minimize dependence on water sources from abroad and the impact of climate change; focus on prevention, control, and restoration of degraded, depleted, and polluted water sources; specifically regulate the protection of important water sources for living needs; regulations on the economical and efficient use of water to avoid waste and protect water sources during exploitation and use activities.

The new law also adds regulations to promote socialization, suggesting that businesses should take over the activities they can do, reducing state investment resources towards state management, business implementation, and gradually shifting towards the state only issuing policies and post-event control.

Additional regulations on resources for the protection and development of water resources, detailing the resources to carry out activities to protect and develop water resources; clarify socialized activities, socialization policies in the protection and development of water resources. With the viewpoint that economic development is linked with “reinvestment” in the work of protecting and developing water resources, landscape renovation, and conservation of the value of ecosystems related to water.

Gradual Transition from Administrative to Economic Management

The shift from management using administrative tools to economic tools through regulations on fees, service charges, and money for water resource exploitation rights, enhancing the awareness of resource protection, and economical water use by water users.

The draft law adds regulations on the subjects and contents of rainwater harvesting and the use of rainwater in areas frequently suffering from drought and water shortage and areas frequently flooded; regulations on mechanisms and policies in rainwater storage.

Additions and updates to regulations aim at comprehensive control of activities that affect or may affect water sources, to stabilize riverbeds, shores, water reservoir pollution, environmental protection, landscape, riverbank ecosystems, etc.

Supplementary regulations on functional zoning of water sources; specify content for monitoring, monitoring responsibilities, and data connectivity of organizations and individuals exploiting, using water in an automatic continuous or periodic manner to ensure monitoring of water exploitation, use of construction… aiming to strictly control activities that risk causing pollution, degradation, depletion of water sources to protect the quantity, quality of water sources and protect rivers.

Determine Areas, Sub-basins, Water Sources that Must Have Detailed Water Use Plans

Additionally, the Law also adds content on determining areas, sub-basins, water sources that must have detailed water use plans within the comprehensive planning of inter-provincial river basins, inter-provincial water sources. To effectively address specific issues of each river basin occurring in the sub-basin such as drought, pollution, degradation, flooding,… to enhance the assurance of water security on the basin.

Regulations on the Responsibilities of the Ministry of Natural Resources & Environment, other ministries, local sectors, organizations, and individuals in implementing scenarios for response, regulation, and allocation of water resources in cases of drought, water shortage, and implementing regulation, distribution of water sources in cases of severe drought, water scarcity.

The new Water Resources Law has specified 10 acts that are strictly prohibited

• Dumping waste, trash, or leaking harmful substances, discharging toxic gases into water sources;
• Discharging wastewater into underground water sources;
• Discharging untreated wastewater that does not meet environmental technical standards into surface water or seawater;
• Discharging wastewater, introducing waste into the sanitary protection zones of domestic water collection areas;
• Illegally exploring, exploiting, using water resources, or drilling water underground without permission;
• Encroaching upon, filling in rivers, streams, canals, ditches, except where otherwise provided for by law; placing obstacles, barriers, constructing buildings, planting trees that obstruct flood drainage, water flow in rivers, streams, reservoirs, canals, ditches without remedial measures;
• Illegally exploiting sand, gravel, mud, soil, and other minerals on rivers, streams, canals, ditches, lakes, within water source protection corridors; drilling, excavating, constructing houses, structures, architectural objects, and other activities within water source protection corridors that cause erosion, landslides on riverbanks, streams, canals, ditches, lakes;
• Destroying structures that protect, regulate, store water, exploit, use, monitor, supervise water resources, and structures that prevent and mitigate damages caused by water;
• Providing false information, data about water resources; not complying with the operation procedures for reservoirs, interconnected reservoirs issued by the competent authorities;
• Constructing dams, reservoirs, structures for water regulation, storage, water source development against the water resources planning, provincial planning, and other related plannings.

How Water Resources Lawyers in Vietnam Could Help?

Water resources lawyers in Vietnam play a critical role in ensuring compliance with the country’s complex water resource regulations. They could offer the following services to help businesses, organizations, and individuals align with the new provisions of the Amended Water Resources Law:

1. Legal Advisory: Water resources lawyers in Vietnam provide expert advice on understanding the implications of the new regulations. They can offer tailored guidance to ensure that water usage and management practices adhere to the new legal framework.
2. Compliance Strategy Development: Water resources lawyers in Vietnam can help develop comprehensive strategies to comply with the new regulations related to water security, water resource declaration, registration, and licensing.
3. Licensing and Registration: With detailed procedures now in place for the exploration, exploitation, and use of water resources, water resources lawyers in Vietnam can assist in the necessary declaration, registration, and licensing processes, ensuring all deadlines are met, especially the transitional regulation deadline of June 30, 2027.
4. Operational Segregation: Given the new distinction between the management of water resources and the operation of water exploitation and use facilities, water resources lawyers in Vietnam can help entities navigate this separation, restructuring operations as necessary to ensure legal compliance.
5. Policy Interpretation: Water resources lawyers in Vietnam interpret the shift towards privatization and economic management tools, such as fees and charges, guiding businesses on how to adjust their operations in line with state policies and economic controls.
6. Rainwater Harvesting and Use: They can advise on the legal aspects of rainwater harvesting and storage, particularly in areas prone to drought and flooding, to ensure that practices meet new regulatory standards.
7. Resource Allocation Guidance: Water resources lawyers in Vietnam can guide organizations on how to access and utilize designated financial resources for the protection and development of water resources effectively.
8. Monitoring and Data Connectivity: As the law introduces new monitoring requirements, water resources lawyers in Vietnam can assist in setting up systems for the continuous or periodic monitoring of water resources, ensuring compliance with reporting and data sharing obligations.
9. Legal Representation: In the event of disputes or litigation concerning water resource management, water resources lawyers in Vietnam represent clients’ interests before regulatory bodies and in court.
10. Education and Training: They provide education and training to organizations on the ten specific prohibited acts under the new law, helping to prevent inadvertent violations.
11. Environmental Compliance: Water resources lawyers in Vietnam can ensure that organizations’ activities do not negatively impact water sources, aligning operational practices with environmental protection and sustainability goals.
12. Dispute Resolution: They offer dispute resolution services for conflicts arising from water resource management, whether through negotiation, mediation, or litigation.

By leveraging the expertise of water resources lawyers in Vietnam, entities in Vietnam can not only comply with the new regulations but also enhance their operational sustainability and contribute to the national goal of securing water resources for future generations.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/water-resources-lawyers-in-vietnam-on-10-prohibited-acts.html

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