Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Investment, the Law on Enterprises...

THE LAW

AMENDING AND SUPPLEMENTING A SOME ARTICLES OF THE PUBLIC INVESTMENT LAW, THE PRIVATE PARTNERSHIP INVESTMENT LAW, INVESTMENT LAW, HOUSING LAW, BIDDING LAW, ELECTRICITY LAW, COLLECTION SPECIAL AND CIVIL Judgment Execution Law

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law amending and supplementing a number of articles of the Law on Public Investment No. 39/2019/QH14, which has been amended and supplemented with a number of articles under Law No. 64/2020/QH14 and Law No. 72/2020/QH14 ; Law on Investment under the mode of public-private partnership No. 64/2020/QH14; Law on Investment No. 61/2020/QH14 has been amended and supplemented with a number of articles under Law No. 72/2020/QH14; Law on Housing No. 65/2014/QH13 has been amended and supplemented with a number of articles according to Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and Law No. 64/2020/ QH14; Law on Bidding No. 43/2013/QH13 has been amended and supplemented with a number of articles according to Law No. 03/2016/QH14, Law No. 04/2017/QH14, Law No. 40/2019/QH14 and Law No. 64/2020/ QH14; Law on Electricity No. 28/2004/QH11 has been amended and supplemented with a number of articles under Law No. 24/2012/QH13 and Law No. 28/2018/QH14; Law on Enterprises No. 59/2020/QH14; Law on Special Consumption Tax No. 27/2008/QH12 has been amended and supplemented with a number of articles according to Law No. 70/2014/QH13, Law No. 71/2014/QH13 and Law No. 106/2016/QH13; Law on Civil Judgment Execution No. 26/2008/QH12 has been amended and supplemented with a number of articles according to Law No. 64/2014/QH13, Law No. 23/2018/QH14 and Law No. 67/2020/QH14.

Article 1. Amendments and supplements to a number of articles of the Law on Public Investment

1. To amend and supplement a number of points and clauses of Article 17 as follows:

a) To amend and supplement Points b and c, Clause 4 as follows:

“b) Group A investment programs and projects funded by ODA and concessional loans from foreign donors, except for national target programs and public investment programs specified in Clause 1 and Clause 2 of this Article. XNUMX This Article;

c) Investment programs and projects funded by non-refundable ODA in the following cases: Group A programs and projects; programs and projects with the policy framework; programs and projects in the fields of national defense, security and religion; sector outreach program; procurement of goods subject to the Prime Minister's permission; Vietnam's participation in regional programs and projects;”;

b) Point d Clause 4 is annulled;

c) Add Clause 5a after Clause 5 as follows:

“5a. Heads of ministries and central agencies shall decide on investment policies for group B and group C investment projects funded by ODA and concessional loans from foreign donors and decide to approve technical assistance projects. use ODA or concessional loans from foreign donors to prepare investment projects under their management, except for projects specified in Clause 4 of this Article.

Provincial-level People's Councils shall decide on investment policies in Group B and Group C investment projects funded by ODA and concessional loans from foreign donors, decide on approval of technical assistance projects using ODA and concessional loans from foreign donors to prepare investment projects managed by the locality, except for projects specified in Clause 4 of this Article.

The Government shall prescribe the order and procedures for deciding on investment guidelines for investment projects and for approving technical assistance projects specified in this Clause.”.

2. To amend and supplement Clause 8, Article 25 as follows:

"8. For other programs and projects falling under the Prime Minister's authority to decide on investment policies specified at Points b and c, Clause 4, Article 17 of this Law, the order and procedures for deciding on investment intentions are stipulates as follows:

a) The governing body shall send a report on investment intentions to the Ministry of Planning and Investment;

b) The Ministry of Planning and Investment shall assume the prime responsibility for appraising the report on proposal of investment intentions, capital sources and ability to balance capital and submit it to the Prime Minister;

c) The Prime Minister considers and decides on investment policies.”.

3. To amend and supplement Clause 4, Article 82 as follows:

“4. To decide on project investment policies according to the provisions of Clauses 5 and 5a, Article 17 of this Law, to decide on project investment according to the provisions of Clause 2, Article 35 of this Law.”.

4. To amend and supplement Clause 1, Article 83 as follows:

"first. To decide on the investment policy of the program or project according to the provisions of Clauses 1a, 5 and 6 Article 7 of this Law.”.

Article 2. Amendment and supplementation of Point b, Clause 2, Article 12 of the Law on Investment under the mode of public-private partnership

To amend and supplement Point b, Clause 2, Article 12 as follows:

“b) A project with a total investment equivalent to a group A project in accordance with the law on public investment using one or more of the following capital sources: central budget capital managed by ministries or central agencies ; ODA loans; concessional loans of foreign donors;”.

Article 3. Amendment and supplementation of a number of articles of the Law on Investment

1. Point g shall be amended and supplemented, and point g1 shall be added after point g, Clause 1, Article 31 as follows:

“g) Investment projects to build houses (for sale, lease, lease purchase), urban areas with a land use scale of 300 hectares or more or a population of 50.000 people or more;

g1) The investment project is in accordance with the provisions of the law on cultural heritage, regardless of the size of the land area and population within the protection zone I of the relic recognized as a heritage site by the competent authority. national monuments, special national monuments; within the protection zone II of the relic recognized by the competent authority as a special national relic on the list of world heritage sites;”.

2. To amend and supplement Point b and add Point b1 after Point b, Clause 1, Article 32 as follows:

“b) Investment projects on construction of houses (for sale, lease, lease purchase), urban areas with a land use scale of less than 300 hectares and a population of less than 50.000 people;

b1) The investment project is in accordance with the provisions of the law on cultural heritage, regardless of the size of the land area and population within the protected area II of the relic recognized as a heritage site by the competent authority. national monuments, special national relics, except for special national relics on the list of world heritages; investment projects regardless of land area size, population in restricted development areas or historic inner cities (identified in urban planning projects) of special-class urban centers;”.

3. Point g is added after point e, Clause 3, Article 33 as follows:

“g) Assessment of the suitability of the investment project with the requirements of protecting and promoting the value of cultural heritage and the conditions prescribed by the law on cultural heritage.”.

4. Point c, Clause 1, Article 75 is annulled.

5. Add lines or trades with ordinal number 132a after ordinal number 132 of Appendix IV to the List of conditional business lines and industries as follows:

Article 4. Amending and supplementing Clause 1, Article 23 of the Law on Housing

To amend and supplement Clause 1, Article 23 as follows:

"first. Having the lawful land use right in one of the cases specified at Points a and b of this Clause and the land use for implementation of commercial housing construction investment projects is consistent with master plans and plans on commercial housing use. use of land approved by a competent state agency in accordance with the land law, except for cases in which the State recovers land for national defense and security purposes or recovers land for economic development. – social for national, public interest and other cases of withdrawal as prescribed by law:

a) Having the right to use residential land;

b) Having the right to use residential land and other non-residential land that meets the conditions for permitting the change of land use purpose for the implementation of an investment project.

After the investment policy is approved by the competent authority and the investor is approved in accordance with the law on investment, the investor is responsible for changing the land use purpose for the project. The project requires the change of land use purpose and the fulfillment of relevant financial obligations in accordance with the law on land.”.

Article 5. Amendment and supplementation of a number of articles of the Law on Bidding

1. To add Article 33a after Article 33 as follows:

“Article 33a. Pre-implementation activities for projects using official development assistance or concessional loans

1. The formulation, submission, appraisal and approval of the contractor selection plan, the bidding documents, the request for proposals, the determination of a short list for procurement activities of the funded project For official development, concessional loans are made before signing international treaties, international agreements on official development assistance capital, concessional loans.

2. The Government shall detail this Article.”.

2. Point c, Clause 1, Article 34 shall be amended and supplemented as follows:

“c) International treaties and agreements with respect to projects funded with official development assistance or concessional loans, except for the case specified in Article 33a of this Law;”.

Article 6. Amendment and supplementation of a number of articles of the Electricity Law

1. To amend and supplement Clause 2 and add Clause 2a after Clause 2, Article 4 as follows:

"2. To build and develop the electricity market on the principles of openness, equality, fair competition, and regulation by the State to improve efficiency in electricity activities; ensure the lawful rights and interests of electricity units and electricity users; attracting all economic sectors to participate in investment activities in the construction of transmission power grids on the basis of ensuring national defense and security and according to the electricity development planning, electricity generation, distribution, and electricity wholesale. , electricity retailing and specialized electricity consulting.

Non-state economic sectors are allowed to operate the transmission grids which they have invested and built.

2 a. The state has a monopoly in the following activities:

a) Dispatching the national power system;

b) Construction and operation of large power plants, which are particularly important in terms of socio-economic, national defense and security;

c) Operate the transmission grid, except for the transmission grid invested and built by economic sectors outside the state.”.

2. Some points are added to Clauses 1 and 2 of Article 40 as follows:

a) Add point d1 after point d clause 1 as follows:

“d1) Connecting to the transmission grid built by all economic sectors when technical conditions and standards are met;”;

b) Point h1 is added after point h, Clause 2 as follows:

“h1) Ensuring the connection rights of organizations and individuals engaged in electricity activities to the transmission grid invested and built by them; in case of refusal to connect, the regulations of the Minister of Industry and Trade shall be followed;”.

Article 7. Amendment and supplementation of a number of articles of the Enterprise Law

1. To amend and supplement the title of the article and the opening paragraph of Clause 1, Article 49 as follows:

“Article 49. Rights of company members

1. Company members have the following rights:”.

2. To amend and supplement Article 50's name as follows:

“Article 50. Obligations of company members”.

3. To amend and supplement a number of points and clauses of Article 60 as follows:

a) To amend and supplement Point e, Clause 2, as follows:

“e) Full name and content of opinions of meeting attendees who disagree with the meeting minutes (if any);”;

b) To amend and supplement Clause 3 as follows:

“3. In case the chairperson, the person taking the minutes refuses to sign the minutes of the meeting, the minutes will take effect if all other members of the Board of members attend and agree to ratify the minutes of the meeting and have all the contents of the meeting. content as prescribed at Points a, b, c, d, dd and e, Clause 2 of this Article. The minutes of the meeting clearly state that the chairperson and the minutes-recorder refuse to sign the minutes of the meeting. The person signing the minutes of the meeting is jointly responsible for the accuracy and truthfulness of the content of the minutes of the meeting of the Members' Council. The chairperson, the person taking the minutes is personally responsible for damage caused to the enterprise by the refusal to sign the minutes of the meeting in accordance with this Law, the company's charter and relevant laws.”.

4. To amend and supplement Point d Clause 1 Article 109 as follows:

“d) Report and summary of the interim financial statements, including the parent company's financial statements and the consolidated financial statements (if any); the announcement must be made before July 31 of each year;”.

5. To amend and supplement Clauses 1 and 2 of Article 148 as follows:

"first. A resolution on the following contents shall be approved if it is approved by the number of shareholders representing 1% or more of the total number of votes of all shareholders attending and voting at the meeting, except for the case specified in the following provisions: Clauses 65, 3 and 4 of this Article; The specific ratio is regulated by the company's charter:

a) Types of shares and total number of shares of each class;

b) Change of industry, profession and business field;

c) Changing the organizational and management structure of the company;

d) Projects to invest in or sell assets valued at 35% or more of the total value of assets recorded in the company's most recent financial statement, unless the company's charter stipulates the ratio or value is different;

d) Reorganization or dissolution of the company;

e) Other matters prescribed by the company's charter.

2. Resolutions are approved when approved by the number of shareholders holding more than 50% of the total votes of all shareholders attending and voting at the meeting, except for the cases specified in Clauses 1 and 3. , 4 and 6 of this Article; The specific ratio shall be prescribed by the company's charter.”.

6. To amend and supplement Clause 2, Article 158 as follows:

"2. In case the chairperson, the person taking the minutes refuses to sign the minutes of the meeting, but if all other members of the Board of Directors attend and agree to approve the meeting minutes, sign and have all the contents as prescribed in the minutes of the meeting. Points a, b, c, d, dd, e, g and h, Clause 1 of this Article, this minutes shall take effect. The minutes of the meeting clearly state that the chairperson and the minutes-recorder refuse to sign the minutes of the meeting. The person signing the minutes of the meeting is jointly responsible for the accuracy and truthfulness of the content of the minutes of the meeting of the Board of Directors. The chairperson, the person taking the minutes is personally responsible for damage caused to the enterprise due to the refusal to sign the minutes of the meeting in accordance with this Law, the company's charter and relevant laws.”.

7. To amend and supplement Clause 5, Article 217 as follows:

“5. Pursuant to the provisions of this Law, the Government shall detail the organization, management and operation of enterprises that directly serve national defense and security or combine economic with national defense and security as state-owned enterprises. State-owned enterprises and limited liability companies in which state-owned enterprises defined in Clause 2, Article 88 of this Law hold 100% of charter capital.”.

Article 8. Amendment and supplementation of Point g, Clause 4, Section I of the Special Consumption Tariff in Article 7 of the Law on Special Consumption Tax

To amend and supplement Point g, Clause 4, Section I of the Special Consumption Tariff in Article 7 as follows:

Article 9. Amending and supplementing a number of articles of the Law on Civil Judgment Execution

1. To amend and supplement Article 55 as follows:

“Article 55. Entrustment of judgment enforcement and entrustment of property handling

1. Civil judgment enforcement agencies must entrust judgment enforcement in the following cases:

a) Entrust judgment enforcement to the civil judgment enforcement agency where the judgment debtor has assets, works, resides or has his/her headquarters after having finished handling the seized or seized assets. distraint in the area related to the entrustment, except for the case specified at point b of this clause.

In case of performance of property obligations, they shall entrust them to civil judgment enforcement agencies where the judgment debtors have assets; if the location of the property cannot be identified, it shall entrust it to the civil judgment enforcement agency where the judgment debtor works, resides or is headquartered.

In case the judgment debtor has assets, works, resides or is headquartered in different localities during the performance of a joint obligation, the entire judgment enforcement obligation shall be entrusted to the civil judgment enforcement agency. belonging to one of the localities where the judgment debtor has judgment execution conditions;

b) Entrust judgment enforcement for specific judgment debtors with assets as security according to judgments or decisions to civil judgment enforcement agencies where the assets are located.

2. Civil judgment enforcement agencies shall handle assets in their respective localities, and at the same time, may entrust the handling of assets to civil judgment enforcement agencies where assets are distrained by judgments or decisions. release or dispose of assets to secure judgment enforcement whose assets are located in many different localities.”.

2. To amend and supplement Article 56 as follows:

“Article 56. Competence to entrust judgment enforcement, entrust property handling

1. Provincial-level civil judgment enforcement agencies entrust judgment enforcement or entrust the handling of assets as follows:

a) Entrust the civil judgment enforcement agency of another province in another locality to the judgments and decisions on re-employment of employees or compensation for damage caused by the judgment debtor being a state agency. province level or higher; judgments or decisions involving foreign elements or related to intellectual property rights; the decision of the Commercial Arbitrator; decisions on handling of competition cases of the President of the National Competition Commission, the Council for the Handling of Anti-Competition Cases, and the decision on settlement of complaints, of the Chairman of the Competition Commission The State, the Complaint Settlement Council decide to handle the competition case;

b) Entrusting the military zone-level judgment enforcement agency to the case in which the involved parties or their assets are related to the army in the locality;

c) Entrusting to district-level civil judgment enforcement agencies for other cases, except for the cases specified at Points a and b of this Clause.

2. District-level civil judgment enforcement agencies entrust judgment enforcement, entrust the handling of assets, for cases falling under their judgment enforcement competence, to provincial-level civil judgment enforcement agencies in other localities, military zone-level judgment enforcement agencies and other district-level civil judgment enforcement agencies.

3. Military zone-level judgment enforcement agencies entrust judgment enforcement, entrust the handling of assets for cases falling under their judgment enforcement competence to other military zone-level judgment enforcement agencies or judgment enforcement agencies. province-level civil judgment enforcement agency or district-level civil judgment enforcement agency".

3. To amend and supplement Article 57 as follows:

“Article 57. Procedures for entrusting judgment enforcement and entrusting property handling

1. Procedures for entrusting judgment enforcement are prescribed as follows:

a) Within 05 working days after determining that there are grounds for entrustment, heads of civil judgment enforcement agencies shall issue entrustment decisions. In case of implementing the decision on application of provisional urgent measures, the entrustment decision shall be issued within 24 hours from the date of the entrustment grounds. In case a judgment enforcement decision has been issued but deems it necessary to entrust, it must issue a decision to revoke part or the whole of the judgment enforcement decision.

A dossier of entrustment for judgment enforcement includes the decision on entrustment of judgment enforcement; the judgment or decision or a copy of the judgment or decision in the case of entrustment to many places or entrustment as prescribed at Point b, Clause 1, Article 55 of this Law; copies of minutes of property distraint and seizure and other relevant documents, if any;

b) Within 05 working days from the date of receipt of the entrustment decision, the head of the entrusted civil judgment enforcement agency shall issue the judgment enforcement decision and notify in writing the judgment enforcement agency. authorized civil. In case of execution of a decision on application of provisional urgent measures, a judgment enforcement decision must be immediately issued.

2. Procedures for entrusting property handling are prescribed as follows:

a) Heads of civil judgment enforcement agencies shall issue decisions on entrustment of property handling.

Dossier of entrustment for handling of assets, including decisions on entrustment of handling of assets; copies of judgments or decisions; judgment enforcement decisions and other relevant documents, if any;

b) Within 05 working days from the date of receipt of the decision on entrustment to handle the property, the head of the civil judgment enforcement agency receiving the entrustment shall issue a decision on handling the entrusted property, assign the execution enforcement officer and notify in writing the entrusting civil judgment enforcement agency.

Executors shall base themselves on judgment enforcement decisions, judgment enforcement organization results of entrusting civil judgment enforcement agencies and decisions on handling of entrusted assets to continue implementing the handling order and procedures. property in accordance with this Law;

c) Within 05 working days from the date of handing over the property to the auctioneer or recipient of the property to deduct from the judgment enforcement amount, the civil judgment enforcement agency shall take property handling, transfer the proceeds to the entrusting civil judgment enforcement agency for payment as prescribed in Article 47 of this Law, after deducting judgment enforcement expenses, and at the same time, immediately notify in writing copy to the authorized civil judgment enforcement agency;

d) The civil judgment enforcement agency that has entrusted the handling of assets shall take full responsibility for the process of organizing the execution of the case, except for the handling of assets of the entrusted civil judgment enforcement agency.

In case it is determined that the result of asset valuation or auction is sufficient to pay the judgment debtor's obligations and related expenses, or there is a decision to postpone or suspend the judgment enforcement, an documents to the civil judgment enforcement agency to receive entrustment to suspend the handling of the remaining assets. The further handling of the entrustment property shall be carried out according to the notice of the entrusting civil judgment enforcement agency.

In case the judgment enforcement money and related expenses have been fully collected or a decision on judgment enforcement suspension is issued, it shall immediately notify in writing the entrusting civil judgment enforcement agency to terminate the handling of the judgment enforcement matters. remaining assets, and distraint assets in accordance with the provisions of this Law. The entrusting civil judgment enforcement agency must pay judgment enforcement expenses incurred before the time of termination of property handling to the entrusting civil judgment enforcement agency according to the provisions of Clause 1 and Clause 2 of this Article. 73 Article XNUMX of this Law;

dd) The civil judgment enforcement agency entrusted with the handling of assets shall be responsible for implementing regulations related to the handling of entrusted assets; immediately notify in writing the results of price appraisal, the time of auction, and the results of asset handling to the entrusting civil judgment enforcement agency; suspend or terminate the asset handling at the request of the entrusting civil judgment enforcement agency.

3. Entrusted civil judgment enforcement agencies may not refuse to execute decisions on entrusting judgment enforcement or entrusting property handling, unless the entrustment decisions contain mistakes or errors in content. or authority of the entrusted civil judgment enforcement agency”.

Article 10. Enforcement

This law takes effect from the date of April, April, April and April of the year.

Article 11. Transitional provisions

1. For public investment projects of groups B and C using ODA capital and concessional loans from foreign donors whose investment policies have been decided by the Prime Minister before the effective date of this Law. and in the case specified in Clause 2 of this Article, the agency or person competent to decide on investment policies specified in Article 1 of this Law has the authority to adjust the investment policy.

2. For public investment projects of groups B and C using ODA capital and concessional loans from foreign donors that have completed the procedures for formulation and appraisal and have written appraisal as the basis for the project. decide on investment policies or adjust investment policies according to the provisions of Articles 25 and 34 of the Law on Public Investment No. 39/2019/QH14, which has been amended and supplemented with a number of articles under Law No. 64/2020/ QH14 and Law No. 72/2020/QH14 before the effective date of this Law, continue to carry out procedures to submit to the Prime Minister for consideration and decision in accordance with the provisions of the Law on Public Investment No. 39/2019/QH14. a number of articles were amended and supplemented according to Law No. 64/2020/QH14 and Law No. 72/2020/QH14.

3. From the effective date of this Law, a valid dossier of request for approval or adjustment of investment policy in an investment project on housing construction (for sale, for lease, or for lease-purchase), urban areas The market falls under the Prime Minister's authority to approve investment policies according to the provisions of Article 31 of the Investment Law No. 61/2020/QH14, which has been amended and supplemented with a number of articles under the current Law No. 72/2020/QH14. The People's Committee of the province under the authority to approve investment policies as prescribed in Article 3 of this Law has received and past the time limit for settlement but has not yet returned the results according to the provisions of Investment Law No. 61/2020 /QH14 has been amended and supplemented with a number of articles under Law No. 72/2020/QH14, continue to comply with the provisions of Investment Law No. 61/2020/QH14, which has been amended and supplemented a number of articles under the Law No. 72/2020/QH14.

4. For valid dossiers of application for approval of investment policies and at the same time as approval of investors, adjustment of investment policies of commercial housing construction investment projects in case the investor has the right to use residential land or residential land and other land that has been received by a competent state agency but has not yet been settled before the effective date of this Law, it shall continue to be settled according to the provisions of Article 4 of this Law and relevant laws.

5. From the effective date of this Law, for civil judgment enforcement that has not yet been executed or has not been completely executed, the provisions of this Law shall apply; Decisions and acts of civil judgment enforcement agencies and enforcers have been implemented in accordance with the Law on Civil Judgment Execution No. 26/2008/QH12, which has been amended and supplemented with a number of articles under Law No. 64/2014/QH13, Law No. 23/2018/QH14 and Law No. 67/2020/QH14 are valid and continue to be implemented.

This Law was passed by the 11th National Assembly of the Socialist Republic of Vietnam, the first extraordinary session, on January 01, 2022.