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Guidance on Notification Procedures of Economic Concentration Cases to the Ministry of Industry and Trade
On 14 May 2020, the Ministry of Industry and Trade ("MOIT") published a guidance on notification procedures of economic concentration cases during the transitional period ("Guidance"), because the new Vietnam Competition Commission has not been established yet. The Guidance is based on the Law on Competition and Decree 35/2020/ND-CP detailing a number of Articles of the Law on Competition.
On 14 February 2020, the Ministry of Natural Resources and Environment issued Official Letter No. 703/BTNMT-TCQLDD to the provincial/municipal Departments of Natural Resources and Environment to guide the land use regime and certification of ownership of non-residential construction works (including condotels, officetels and tourist villas).
The Ministry of Construction has also issued Circular No. 21/2019/TT-BXD in 31 December 2019 to promulgate national technical standards on condominiums, including regulations on technical standards for condotels and officetels, which will come into force from 1 July 2020.
This Update provides the salient takeaways from these documents.
The respiratory disease caused by a new strain of virus, Covid-19, is a global pandemic spreading over 200 countries and territories, with hundreds of thousands of infections and deaths without any sign of the situation easing. The Covid-19 outbreak has severely affected the global supply chain of goods and the operations of enterprises in numerous sectors from manufacturing to services. Many enterprises are currently unable to perform their executed contracts due to the shortage of labour and raw materials supply, as well as the administrative measures and/or decisions of the state agencies to isolate persons who are infected with the disease.
It is a legal concern of many enterprises whether the Covid-19 outbreak constitutes a Force Majeure event that would warrant an exemption from liabilities or penalties in the event of a breach of a contract.
This Update provides an overview of the concept of a Force Majeure event, and a legal analysis of the Covid-19 outbreak from Vietnam’s legal perspective.