2021

The year 2021 has brought human beings to a “VUCA” world of Volatility, Uncertainty, Complexity, and Ambiguity, in which, corporates are among those suffered from the most thorough and serious impacts of the COVID-19 pandemic. Truly understanding the problem, NHQuang&Associates has promptly adjusted our work organization and management, setting the health and safety of our members at the first priority; highly encouraging flexibility and creativeness in work settlement; consolidating and developing the system of facilities, equipment, and database serving the work; satisfying requirements and sharing difficulties of our Clients.

“VUCA” will keep going with unpredictable changes; however, with our Vision, Understanding, Clarity, and Adaptability, NHQuang&Associates will still accompany you consistently during your business operation for legal compliance, responsible business and sustainable development.

On November 16, 2021, the Government issued Decree 102/2021/ND-CP amending and supplementing a number of provisions of several decrees on sanctioning administrative violations in the field of taxes and invoices; customs; insurance business, lottery business; management and use of public property; thrift practice and waste combat; national reserve; State Treasury; accounting and independent audit (Decree 102). This Decree will take effect from January 01, 2022, amending and supplementing a number of provisions in Decree No. 125/2020/ND-CP on administrative sanctions for taxes and invoices-related violations (Decree 125).

Some new regulations on administrative sanctions for tax and invoice-related violations are presented by Luu Tue Dang.

In order to concretize some provisions related to the penalities for administrative violations against the Cybersecurity Law as well as to systemize the regulations currently scattered in various administrative sanction documents on information technology, telecommunications, commerce, finance, banking, etc., the Draft Decree on Penalties for Administrative Violations in Cybersecurity (Draft Decree) is being developed by the Ministry of Public Security and undergoing public consultations by agencies, organizations and individuals.

Comments on the Draft Decree on Penalties for Administrative Violations in Cybersecurity are presented by Nguyen Nhu Khanh Quynh.

In order to provide the penalties compatible with the provisions of the Law on Environmental Protection (LEP) 2020 and the Decree guiding the LEP 2020 (currently in the drafting stage), the Government has published a Draft Decree on penalties for administrative violations in the field of environmental protection (the Draft Decree), and is currently consulting relevant individuals, organizations and agencies on the Draft. Compared to Decree 155/2016/ND-CP, amended by Decree 51/2020/ND-CP (Decree 155), the applicable document governing this issue, the Draft Decree supplements the penalties for new violations of LEP, and at the same time increases the level of penalties significantly for existing violations which cause great harm to the environment.

Some comments on the Draft Decree on penalties for administrative violations in environmental protection are presented by Nguyen Thi Kim Anh.

After more than 15 years of implementation, Resolution 03/2006/NQ-HDTP guiding the application of a number of provisions of Civil Code 2005 on compensation for non-contractual damage promulgated by the Judges’ Council of the Supreme People’s Court (Resolution 03) has revealed many obstacles and inadequacies. To overcome the above obstacles and inadequacies, the Supreme People’s Court is draft-ing a Draft Resolution guiding the application of a number of provisions of the Civil Code 2015 on com-pensation for non-contractual damage (Draft Resolution) to replace Resolution 03.

Some outstanding provisions in the Draft Resolution guiding the application of compensation for non-contractual damage are presented by Le Hai Linh.