Highlights of Legal Documents Last Week (from February 25, 2023, to March 2, 2023)

1. Authority to Handle Complaints of Police Chiefs at Various Levels

On February 25, 2019, the Government of Vietnam issued Decree 22/2019/ND-CP regulating complaints and handling complaints in the People's Public Security.

The handling of complaints about legal violations under the authority of police chiefs is regulated as follows:

- Commune Police Chiefs handle complaints against officers and soldiers under their direct management, except Deputy Commune Police Chiefs;- District Police Chiefs handle complaints against Commune Police Chiefs, Deputy Commune Police Chiefs, and officers and soldiers from team leaders downwards, except in cases under the authority of Commune Police Chiefs; handle complaints against commune police units and teams under their direct management.- Heads of Departments, Provincial Police Chiefs handle complaints against officers and soldiers from team leaders and equivalent ranks downwards; handle complaints against units at the team level or equivalent under their direct management.

According to Decree 22/2019, the heads of Police at various levels are responsible for:

- Receiving or assigning officers under their management to receive complaint information;- Arranging venues and officers to receive citizens for the purpose of receiving complaint information.

See more at Decree 22/2019/ND-CP which takes effect from April 15, 2019.

1. New: Registration Fee Valuation for Instalment-Purchased, Seized Assets

The Government of Vietnam issued Decree 20/2019/ND-CP to amend and supplement certain articles of Decree 140/2016/ND-CP.

A notable addition in Decree 20 is the inclusion of registration fee valuation for instalment-purchased and seized assets, specifically:

The registration fee valuation for instalment-purchased assets:

- Is the one-time payment price (excluding instalment interest);- Is determined according to the provisions of Clauses 1, 2, 3, and 4, Article 6 of Decree 140 (as amended by Decree 20), including import tax (if any), special consumption tax (if any), value-added tax (if any);

The registration fee valuation for assets purchased through the method of handling assets for ownership establishment for the people’s benefit (seized assets):

- Is the auction winning price for assets purchased via auction or the price decided by the competent authority for assets purchased via direct designation or listed price methods;- Includes import tax (if any), special consumption tax (if any), value-added tax (if any).

See more at Decree 20/2019/ND-CP which takes effect from April 10, 2019.

1. Regulations on Disaster Prevention for Bridges and Drains in Use

On January 11, 2019, the Ministry of Transport issued Circular 03/2019/TT-BGTVT regulating the prevention, response, and mitigation of natural disasters in the road sector.

The activities for preventing natural disasters for bridges and drains in use, and under exploitation are regulated as follows:

For small bridges and drains:

- For small bridges: Clear the waterways including upstream and downstream to ensure good drainage. Components prone to erosion such as the apron, bridge head roads, abutment footings, and energy dissipating basins need to be repaired and reinforced before the rainy and stormy seasons;- For drains: Clear pools, pipe bottoms, both before and during the rainy and stormy seasons, reinforce the head walls, and energy dissipating basins; drains located in areas with stones or drifting trees must have strengthening measures to prevent blockage by stones, soil, or driftwood.

For medium and large bridges: Conduct regular, periodic inspections according to regulations, as well as annual repairs and reinforcements, particularly components that are prone to damage due to rain and flooding;

For bridges in areas with stones or drifting trees: Regularly check and remove trees and debris to avoid them clinging to the bridge piers and girders;

For river and stream channels with changing flows: Adopt measures to modify the channels and reinforce the two banks and bridge abutments as necessary;

For large bridges: Regularly monitor wind speeds on the bridge; if wind speeds on the bridge exceed the design wind level, promptly close the bridge (temporarily stop traffic) and notify traffic diversion to ensure the safety of people and vehicles.

For water drainage ditches: Clear vegetation, remove mud and stones to ensure good drainage. Damages to ditches that affect drainage capabilities must be repaired before the rainy and flood seasons.

Circular 03/2019/TT-BGTVT takes effect from March 28, 2019.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE