BLawyers Vietnam

In this week's update: 1) Publication of the list of periodical reports in the tax field under the management of the Ministry of Finance, 2) Regulations on housing, real estate business, and urban planning.

I. Publication of the list of periodical reports in the tax field under the management of the Ministry of Finance

The Minister of Finance issued Decision No. 1421/QD-BTC on the publication of the list of periodical reports in the tax field under the management of the Ministry of Finance on 15 July 2022. Notable contents include:

The list of periodic reports includes 1 newly issued reporting regime, 4 replaced reporting regimes, and 3 rescinded reporting regimes, specifically as follows:

  • Newly issued periodic report:
    • Report on the use of fee and fee receipts (for electronic receipts).
  • Replaced periodic reports:
    • Report on the use of invoices;
    • Report on the use of fee and charge receipts (for paper receipts);
    • Summary table of electronic stamp data sent to the tax authorities; and
    • Summary table of electronic invoice data sent to the tax authorities.
  • Rescinded periodic reports:
    • Report on receipt of printing/providing automatic invoice printing software;
    • Report on receipt of printing/providing automatic receipt printing software/providing solutions for automatic printing electronic receipts; and
    • Receipt payment statement.

II. Regulations on housing, real estate business, and urban planning

The Ministry of Industry and Trade issued Official Letter No. 3977/BCT-PC regulations on housing, real estate business, and urban planning on 11 July 2022. Notable contents are as follows:

  • The Law on Housing 2014 and the Law on Real Estate Business 2014 have not uniformly provided for the notarization and authentication of real estate transaction contracts, specifically:
    • The Law on Real Estate Business 2014 allows the parties to agree on the notarization and authentication of contracts.
    • The Law on Housing 2014 stipulates that housing contracts must be notarized and authenticated. In addition, regulations on notarization and authentication of real estate and housing purchase and sale contracts are the basis for determining the effective time of the contract.
  • The Ministry of Industry and Trade has proposed to amend regulations on notarization and authentication of housing purchase and sale contracts in the Law on Real Estate Business 2014 and the Law on Housing 2014 to ensure consistency and avoid disputes in law enforcement.

III. Frequently asked legal questions category

Question: What are the conditions for foreigners to adopt children in Vietnam?

Answer:

In accordance with the law, only the foreigner who is subject to the following cases can adopt Vietnamese children:

(i) Foreigners permanently residing in the country which also is a party to an international treaty on adoption with Vietnam and adopting Vietnamese children;

(ii) Foreigners permanently residing abroad may adopt a specific child in the following cases:

  • Being the stepfather or stepmother of the to-be-adopted child;
  • Being the natural aunt or uncle of the to-be-adopted child;
  • He/she has adopted a child who is a sibling of the to-be-adopted child;
  • He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease; and
  • He/she is a foreigner currently working or studying in Vietnam for at least 1 year.

(iii) Foreigners permanently residing in Vietnam adopt children in Vietnam.

For more information about notes on foreigners adopting children in Vietnam, please read at: 3 notes on the conditions that foreigners must meet when adopting children in Vietnam (blawyersvn.com), or contact BLawyers Vietnam at consult@blawyersvn.com.

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