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  • Writer's picturePham Ba Thien

Noteworthy regulations and policies coming into effect in July 2024

Minh Thien Law is pleased to introduce our Legal Update summarizing certain new regulations and legal policies taking effect in July, impacting individuals and businesses, notably in the fields of banking, online payment protection, marriage, and identity cards.

For more information, please contact us at:

▪ Email: info@minhthienlaw.com  Phone number: 0913 865 900 ; 09 77 33 77 99

▪ Address: Floor 19, Room 1901, Saigon Trade Center, No. 37 Ton Duc Thang, Ben Nghe Ward, District 1, Ho Chi Minh City

A. FREEZING BANK ACCOUNTS UPON DISCOVERY OF ERRORS OR MISTAKES


Decree No. 52/2024/ND-CP by the Government on Non-cash Payments, effective from 01 July 2024 includes regulations on the freezing of payment accounts. It stipulates that in cases where a payment service provider detects errors or mistakes when crediting a customer's payment account or initiates a refund due to discrepancies compared to the payment order of the sender after crediting the customer's payment account, they may request the freezing of that payment account.


Under this regulation, it applies to cases where a bank (acting as a payment service provider) erroneously credits funds into a customer's account (for example, due to a mistaken transfer) caused by the bank's error. Similarly, if the bank transfers funds incorrectly compared to the payment order, and the sender (customer) requests action, this regulation also applies. However, these provisions do not cover errors made by the sender (for instance, entering an incorrect account number). Therefore, if funds are transferred erroneously due to such errors by the sender, the sender cannot request the freezing of the recipient's account under this regulation.


Additionally, it's important to note that the freezing of an account in cases of bank errors applies only to the amount involved in the error and does not exceed the mistaken or erroneous amount. If a bank, the account holder, or an authorized agency freezes an account unlawfully, causing damage to the account holder, they must bear legal responsibility as per the provisions of the law.


B. TRANSFERS EXCEEDING TEN MILLION VIETNAMESE DONG MUST BE VERIFIED BY FACIAL RECOGNITION TECHNOLOGY


Decision No. 2345/QD-NHNN of the State Bank of Vietnam regarding the implementation of security solutions in online and bank card payments effective from 01 July 2024, mandates a series of minimal authentication measures aimed at minimizing risks in online payments and ensuring safety and confidentiality for customers.


These measures include mandatory biometric authentication via facial recognition for online banking transactions exceeding 10 million Vietnamese Dong or when the total value of transactions in a day exceeds 20 million Vietnamese Dong. Additionally, authentication is required for transactions such as initial login to the banking application, login from a different device, login after forgetting the password, and successful password change.


The system must also notify customers via SMS or other registered channels (such as email or phone) about first-time login to Internet Banking/Mobile Banking applications or login from a different device compared to the last time. Information regarding customers' devices used for online transactions and transaction authentication logs must be retained for a minimum of three months.


C. HUSBAND SHALL NOT PETITION FOR DIVORCE EVEN IF THE WIFE IS PREGNANT OR HAS GIVEN BIRTH TO A CHILD WITH SOMEONE ELSE


Resolution 01/2024/NQ-HĐTP provides guidance on the application of legal provisions in resolving family and marital matters. It was passed by the Council of Judges of the Supreme People's Court and became effective on 01 July 2024. According to this resolution, husbands are not entitled to request divorce regardless of whether their wives are pregnant or have given birth, regardless of the identity of the child's father. Similarly, if the wife is caring for a child under 12 months old, the husband also has no right to demand divorce, irrespective of whether the child is biologically theirs or adopted.


This provision is not new and has existed since the Marriage and Family Law of 1959, continuing through subsequent laws, most recently the Marriage and Family Law of 2014. Section 3, Article 51 stipulates: "The husband does not have the right to petition for divorce if the wife is pregnant, has given birth, or is nursing a child under 12 months old." Although the law does not specify whose child it refers to, the interpretation remains consistent that regardless of paternity, the husband cannot initiate divorce proceedings under these circumstances. The resolution clarifies this interpretation in a more explicit manner compared to the law itself.


D. STARTING FROM JULY 2024, THE ISSUANCE OF NATIONAL IDENTIFICATION CARDS WILL COMMENCE


Starting from July 2024, the national identification card (thẻ căn cước), previously known as the citizen identity card (thẻ căn cước công dân) and earlier as the people's identification card (giấy chứng minh nhân dân), will officially be issued to Vietnamese citizens aged 14 and older (mandatory), and to those under 14 as needed, according to the provisions of the Identification Card Law 2023, effective from 01 July 2024.


For citizen identity cards issued before 01 July 2024, they will remain valid until the expiration date stated on the card. For those expiring between 15 January 2024, and 30 June 2024, they will remain valid until 30 June 2024. People's identification cards will expire on 01 January 2025.


The new national identification card will no longer include information about place of birth and fingerprints. Instead, it will include information about the place of birth registration and residence. New biometric information such as iris patterns, DNA, and voice will be collected.


Moreover, Vietnamese-origin individuals who have not determined their nationality will also be issued a Certificate of Identification (giấy chứng nhận căng cước) containing their information if they have been residing in Vietnam for at least 6 months. This certificate is valid as proof of identification to conduct transactions and exercise legal rights within Vietnam's territory.


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