Outstanding new policy effective from the end of March 2022

Outstanding new policy effective from the end of March 2022
Bảo Ngọc

The Law Clerk would like to introduce to customers the following outstanding new policies that will come into effect from the end of March 2022 (from March 21 to 31, 2022) as follows:

Outstanding new policy effective from the end of March 2022

Outstanding new policy effective from the end of March 2022 (Artwork)

1. Supervising professional activities for Ho Chi Minh City Stock Exchange

The Ministry of Finance has issued  Circular 6/2022/TT-BTC  guiding the compliance supervision of the State Securities Commission with respect to activities in the securities sector of the Vietnam Stock Exchange and other companies. subsidiary, Vietnam Securities Depository and Clearing Corporation, effective from March 24, 2022.

Accordingly, the State Securities Commission supervises the compliance with the law on securities and securities market with the Ho Chi Minh Stock Exchange on the following professional activities:

- Organize and operate the securities trading market in accordance with the law and within the assigned scope.

- Supervising securities trading activities; supervise information disclosure activities; supervise the observance of obligations of members of the Vietnam Stock Exchange according to regulations.

- Warn, control and restrict securities trading in accordance with the law and regulations of the Vietnam Stock Exchange.

- Approve, change; delisting, registering for securities trading and supervising the maintenance of securities listing conditions of listed organizations.

- Check and handle violations according to regulations...

- Providing auction and bidding services; services on market information and information related to trading securities; technology infrastructure development services...

- Organize and implement compliance control activities for securities operations.

2. Cases of refusal of students to participate in the selection of an asset auction organization

The Ministry of Justice has issued  Circular 02/2022/TT-BTP guiding the selection of an asset auction organization effective from March 25, 2022.

Accordingly, the person having the auctioned asset shall refuse to evaluate the application for registration to participate in the selection of the asset auction organization in the following cases:

- The property owner, the person authorized by the property owner to auction the property, the person having the right to put the property up for auction as agreed or prescribed by law, the person signing the auction service contract. property price is wife, husband, biological father, natural mother, adoptive father, adoptive mother, father-in-law, mother-in-law, father-in-law, mother-in-law, biological child, adopted child, son-in-law, daughter-in-law, brother-in-law, biological sister, younger brother, brother-in-law, brother-in-law, sister-in-law, sister-in-law of the head of the asset auction service center, legal representative, chairman of the Members' Council, member of the Members' Council, member partnership of the asset auction enterprise.

- The property owner, the person authorized by the property owner to auction the property, the person having the right to put the property up for auction as agreed or prescribed by law, the person signing the auction service contract. An asset auctioneer is an individual or organization that has the ability to dominate the activities of such asset auction organization through ownership, acquisition of contributed capital or through decision-making of such asset auction organization.

- Other cases as prescribed by law.

3. Contents of expenditure in the selection of investors to implement PPP projects

This is a prominent content in   Circular 08/2022/TT-BTC  regulating the management and use of revenues and expenditures in the investor selection process, effective from March 25, 2022.

Specifically, the expenditure content in the selection of investors to implement PPP projects includes:

- Expenditure for preparation and evaluation of dossiers of invitation for pre-qualification;

- Expenses for evaluation of pre-qualification applications;

- Expenses for appraisal of pre-qualification results;

- Expenses for preparation and appraisal of dossiers of invitation for negotiation and bidding dossiers;

- Expenses for evaluation of negotiation dossiers and bid dossiers;

- Expenses for appraisal of investor selection results;

- Expenses for settlement of investors' petitions on investor selection results.

In addition, expenditures in selecting investors to implement land-using projects, projects that must organize bidding in accordance with specialized laws and laws on socialization include:

- Expenses for making and evaluating bidding documents and requirements;

- Expenses for evaluation of bids and proposals;

- Expenses for appraisal of investor selection results;

- Expenses for settlement of investors' petitions on investor selection results.

4. Additional case of stopping toll collection from March 31, 2022

This is a remarkable content in   Circular 45/2021/TT-BGTVT  regulating the operation of road toll stations.

Accordingly, regulations on stopping toll collection include:

- In case the project expires in the collection and return of capital under the contract, the collection management unit must actively stop collecting or comply with the decision to stop collecting the collection of the competent authority (or the unit authorized by the competent authority). assigning the task of managing the collection of road user service charges).

- Stop toll collection in the following cases of termination of the PPP project contract before the deadline:

+ The project is affected by a force majeure event that the parties have taken remedial measures but cannot guarantee the continued performance of the PPP project contract;

+ For the national interest; ensure requirements on national defense and security, and protection of state secrets;

+ When the PPP project enterprise is insolvent in accordance with the law on bankruptcy;

+ When one of the parties to the contract seriously violates the performance of obligations specified in the contract;

+ In other cases due to a fundamental change in circumstances as prescribed by the civil law, the contracting parties shall agree on the termination of the contract.

(Compared to before, additionally stopping toll collection in cases of premature termination of PPP project contracts)

Circular 45/2021/TT-BGTVT  takes effect from March 31, 2022.

Jewel



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