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LEGAL NEWS ON MARCH, 2021

On March 2021, a number of new legislations were issued, related to many fields including: 
1. Circular No. 01/2021 / TT-BTP dated February 3, 2021, of the Ministry of Justice detailing a number of articles and measures to implement the law of notarization, takes effect on March 26, 2021, instead Circular No. 06/2015 / TT-BTP dated June 15, 2015, of the Ministry of Justice detailing and guiding the implementation of a number of articles of notarization law;
 2. Circular No. 02/2021 / TT-BGTVT dated February 4, 2021, of the Ministry of Transport amendments a number of articles of Circular No. 12/2020 / TT-BGTVT dated May 29, 2020, of The Minister of Transport shall prescribe the organization and management of car transport and road transport support services. The Circular takes effect on March 25, 2021; 
3. Circular No. 01/2021 / TT-BGTVT dated January 27, 2021, of the Ministry of Transport amendments a number of articles of the Circular No. 29/2015 / TT-BGTVT dated July 6, 2015, of the Minister of Transport Transport regulations on the issue and use of international driving licenses and the Circular No. 12/2017 / TT-BGTVT dated April 15, 2017, of the Minister of Transport on training and testing, to issue a road motor vehicle driving license, effective March 15, 2021;
4. Decree No. 11/2021 / ND-CP dated February 10, 2021, of the Government providing for the allocation of certain marine areas to organizations and individuals exploiting and using marine resources, takes effect. Implementation: March 30, 2021, replaces Decree No. 51/2014 / ND-CP dated May 21, 2014, providing for the allocation of certain marine areas to organizations and individuals that exploit and use natural resources. sea;
5. Decree No. 05/2021 / ND-CP dated January 25, 2021, of the Government providing for the management and operation of airports and aerodromes, effective: March 10, 2021, replaces Decree No. 102/2015 / ND-CP dated October 20, 2015, of the Government regulating the management and operation of airports and aerodromes; 
6. Decree No. 04/2021 / ND-CP dated January 22, 2021, of the Government on sanctioning of administrative violations in the education sector, takes effect 10/03/2021. This Decree replaces the Government's Decree No. 138/2013 / ND-CP dated October 22, 2013, on sanctioning of administrative violations in the field of education;
7. Decree No. 07/2021 / ND-CP dated January 27, 2021, of the Government regulating multidimensional poverty standards for the period 2021 - 2025, effective March 15, 2021.

1. Circular No. 01/2021 / TT-BTP dated February 3, 2021 of the Ministry of Justice detailing a number of articles and measures to implement the law of notarization, takes effect on March 26, 2021.

+ The minimum duration of participation in professional training is 02 working days/year (16 hours/year) (Clause 1, Article 14 of Circular No. 01/2021 / TTBTP);

+ Additional cases of exemption from the obligation to participate in annual professional training (Clause 3, Article 14 of Circular No. 01/2021 / TT-BTP): · Notary public for pregnant women or nursing children under 12 months old; Notaries must provide long-term treatment at medical examination and treatment establishments for diseases on the list of diseases for long-term treatment according to regulations of the Ministry of Health for 3 months or more, with certificates issued by medical agencies. district or equivalent or higher. + Additional cases of notaries recognized to fulfill their obligation to participate in professional training in that year (Clause 2, Article 14 of Circular No. 01/2021 / TT-BTP):

  • Have research papers on notarized law and law related to notarization published in domestic or foreign law journals; write or participate in writing books and textbooks on notarization that have been published.
  • Is a reporter in training programs, seminars, and seminars on the contents specified in Clause 1, Article 12 of this Circular, organized by the Department of Judicial Complementary, Department of Justice. In case a notary is not a reporter but participates in training programs, seminars, and seminars specified at Point d of this Clause, 01 day of attendance is counted as 8 hours of professional training, from 02 days or more is counted as completing the obligation to participate in professional training. Department of Judicial Complementary, Department of Justice issues certification to the notary, clearly stating the number of days attending.

2. Circular No. 02/2021 / TT-BGTVT dated February 4, 2021, of the Ministry of Transport amendments a number of articles of Circular No. 12/2020 / TT-BGTVT dated May 29, 2020, of The Minister of Transport shall prescribe the organization and management of car transport and road transport support services. The Circular takes effect on March 25, 2021.

- Amendments regulations on image data management from cameras mounted on cars (Article 8)

+ Amendments Clause 1: Transport business units install cameras on cars used for transport business under the provisions of Clause 2, Article 13, and Clause 2, Article 14, of Decree No. 10/2020 / ND-CP. and ensure the following minimum requirements:

  • The data is stored on the vehicle's camera in standard video format (MP4 or H.264 or H.265) and accompanied by the minimum information including vehicle registration number plate (vehicle license plate), location (coordinates), time; Video is stored on the memory card or hard drive of the camera with a minimum frame rate of 10 frames per second and a minimum resolution of 720p. Camera images must be visible in all lighting conditions (including at night);       
  • The data from the camera is transmitted to the servers of the transport business units, the servers of the Directorate for Roads of Vietnam in the format of the image according to the JPG standard and must have a minimum resolution of 640x480 pixels. In case of loss of transmission signals, data from the camera must be sent back fully and accurately according to the regulations on the server right after the transmission line is back up;
  • The data recorded and stored on the camera mounted on the vehicle and at the server of the transport, an operator must be ensured not to be deleted or changed during the storage period as prescribed.

- Amendments of information listing (Article 19)

+ Amendments Clause 3: To post up at the ticketing counters the following information: name of the transport operator, route name, fare (fare charge) declared according to the form prescribed in Appendix 22. Attached to this Circular, bus departure schedule for each vehicle trip, passenger service on the itinerary, luggage free volume. 

+ Amendments Point b, Clause 4: Posting on the outside of the body of the vehicle or on both sides of the vehicle door: the name and phone number of the transport business unit with the minimum dimensions: the length is 20 cm, width is 20 cm; Fares (freight rates) have been declared according to the form provided in Appendix 22 to this Circular.

+ Amendments Point c Clause 4: Listing in the vehicle: vehicle registration number plate (vehicle license plate), fare (fare) declared under the form specified in Appendix 22 enclosed herewith This Circular, itinerary, service for passengers on the itinerary, free baggage allowance, hotline mobile phone number of the transport business unit, of the Department of Transport where issued badges, signs.

- Amendments of the starting point, the endpoint, the bus stop and terminal, the transport order (Article 30)

+ Amendments Point a Clause 4: The Department of Transport announces the model of bus shelters applicable within their respective localities.

3. Circular No. 01/2021 / TT-BGTVT dated January 27, 2021, of the Ministry of Transport amendments a number of articles of the Circular No. 29/2015 / TT-BGTVT dated July 6, 2015, of the Minister of Transport Transport regulations on the issue and use of international driving licenses and the Circular No. 12/2017 / TT-BGTVT dated April 15, 2017, of the Minister of Transport on training and testing, to issue a road motor vehicle driving license, effective March 15, 2021.

+ Individuals who apply for international IDP in the prescribed form directly or via the online public service system to Directorate for Roads of Vietnam or the Department of Transport.

+ When submitting an application through the online public service system, individuals make a declaration according to the instructions and must be responsible for the accuracy and legality of the declared content.

+ If the application is not in accordance with regulations, the application receiving agency shall notify the individual of the contents to be supplemented or modified within 02 working days from the date of receipt.

+The obligation to pay fees must be fulfilled through the fee payment function of the online public service system and pay fees for using other services according to individual needs.

4. Decree No. 11/2021 / ND-CP dated February 10, 2021, of the Government providing for the allocation of certain marine areas to organizations and individuals exploiting and using marine resources, takes effect. Implementation: March 30, 2021.

+ Amendments cases that have been assigned marine areas (KVB) for exploitation and use of marine resources will be recovered (Article 28 of Decree No. 11/2021 / ND-CP)

  • The organization or individual assigned the sea area misuses the sea area affecting national defense, security, sovereignty, sovereign rights, jurisdiction, and national maritime interests or destroys or seriously pollutes marine environment and ecosystems.;
  • The organization or individual fails to use the sea area for its intended uses specified in the decision on sea area assignment; The written permission for exploitation and use of marine resources which is granted by the competent authority to the organization or individual is revoked;
  • Within 24 consecutive months from the effective date of the decision on sea area assignment, the organization or individual fails to use the sea area in part or in whole to exploit and use marine resources, except for force majeure or plausible reasons approved by a competent authority in writing as prescribed by law;
  • The organization or individual uses the sea area for aquaculture in one of the cases specified in Points a, b, d, dd, e and g Clause 1 Article 45 of the Law on Fisheries;
  • The assigned sea area is used to serve national defense/security purposes or national/public interests as prescribed by law.

5. Decree No. 05/2021 / ND-CP dated January 25, 2021, of the Government providing for the management and operation of airports and aerodromes, effective: March 10, 2021.

+ Amendments Point b, Clause 1, Article 16 of Decree No. 102/2015 / ND-CP in case of the temporary closure of airports and aerodromes. Only when the certificate of airport or aerodrome operation is revoked, the whole or a part of the airport and aerodrome infrastructure shall be temporarily closed (Article 42 of Decree No. 05/2021 / ND-CP).

6. Decree No. 04/2021 / ND-CP dated January 22, 2021, of the Government on sanctioning of administrative violations in the education sector, takes effect 10/03/2021.

- Amendments violations of regulations on the discipline of learners; offending the honor, dignity, violating the student's body (Article 28 of Decree No. 04/2021 / ND-CP)

+ A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

  • Discipline learners not in accordance with the current law;
  • Offending the honor, dignity, violating the student's body, but not to the extent of being examined for penal liability.

+ A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for policy violations against learners.

+ Remedy: ·

Forced public apology of the person who has offended their honor and dignity; physical abuse for the violation specified at Point b, Clause 1 of this Article, except for the person whose honor or dignity is offended; physical abuse or the legal representative of a minor student who has requested not to apologize publicly.

7. Decree No. 07/2021 / ND-CP dated January 27, 2021, of the Government regulating multidimensional poverty standards for the period 2021 - 2025, effective March 15, 2021.

- This Decree stipulates that the poverty line, near-poor households, and households with an average living standard in the period 2022 - 2025 are specifically divided into rural and urban areas (Clause 2, Article 3).

Please contact Doanh Tri Law Firm for further information!

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