Important policies take effect from the beginning of December 2021 in Vietnam

1. New regulations on training certificates for officials and public employees of Vietnam

Decree 89/2021/ND-CP of Vietnam amending and supplementing a number of articles of Decree 101/2017/ND-CP on training and fostering officials and public employees takes effect from December 10, 2021. 

According to the Decree, regulations on certificates of training programs for officials and public employees are as follows:

- Ho Chi Minh National Academy of Politics, National Academy of Public Administration; training and retraining establishments; training and research institutions granting certificates of training programs assigned to perform.

- Public employees with practice certificates as prescribed by law may be used instead of certificates of training programs according to the standards of professional titles of corresponding specialized public employees. (New rules)

-  Certificate of the training program for officials and public employees; commune-level officials used nationwide. The Ministry of Home Affairs of Vietnam provides specific guidance on management, use, and certificate templates.

Currently, there are regulations on training certificates for officials and public employees, including:

- Certificate of training program according to the standards of civil servant ranks, standards of professional titles of public employees;

- Certificate of training program according to the standards of leadership and management positions;

- Certificate of training program according to the requirements of the job position, specialized knowledge and skills

Therefore, compared to the current, Decree 89/2021 does not list the certificates of the training program for civil servants and public employees.

2. Legal value of electronic contracts in State Treasury professional activities of Vietnam

This is the content of Circular 87/2021/TT-BTC of Vietnam regulating electronic transactions in professional activities of the State Treasury, effective from December 1, 2021.

Specifically, an electronic contract in State Treasury operations is valid as an original when one of the following measures is taken:

- An electronic contract is digitally signed by all parties to the contract.

- The information system takes measures to ensure the integrity of electronic contracts during transmission, reception, and storage on the system;

Record the contract parties and apply one of the following methods to authenticate the contract parties: digital signature authentication, biometric authentication, two-factor authentication, or more that has the element of a one-time authentication code or a random authentication code.

- Other measures that the contracting parties agree to choose, ensuring the integrity of data, authenticity, and non-repudiation, in accordance with the provisions of the Law on Electronic Transactions of Vietnam.

Parties that have signed electronic contracts in the professional activities of the State Treasury are not required to sign corresponding contracts in paper form.

3. Standards for Vietnamese people going abroad to study with the state budget

Decree 86/2021/ND-CP of Vietnam stipulating that Vietnamese citizens go abroad for study, teaching, scientific research, and academic exchange, takes effect from December 1, 2021.

According to the Decree, the standard regulations for Vietnamese citizens going abroad to study under state budget scholarships are as follows:

- Having good political and moral qualities;

- Not during the period of being disciplined or examined for penal liability;

- Having diplomas, professional certificates, and foreign languages ​​that meet the provisions of the scholarship program and meet other conditions as required by the scholarship program;

- Being approved by the direct management agency to send them to study (for the case of having a working agency);

- Meet the current regulations on training and fostering officials and public employees and the Party's regulations (for the case of officials, public employees and Party members).

4. Forms of receiving citizens to complain and denounce in the People's Court of Vietnam

The Ministry of Public Security of Vietnam promulgates Circular 98/2021/TT-BCA stipulating the reception of citizens to make complaints, denunciations, recommendations and reports in the People's Public Security.

According to the Circular, there are 03 forms of receiving citizens to complain and denounce in the People's Police, including:

(1) Regular citizen reception:

- Police at all levels organize the reception of citizens who come to make complaints, denunciations, petitions and complaints at the citizen reception places of their agencies or units according to office hours on working days of the week;

- Inspectors of ministries, inspectors of units under ministries, and inspectors of provincial-level Public Security shall arrange for leaders and inspectors to receive citizens regularly at citizen reception places of their units and localities.

(2) Regular citizen reception:

For example, the Minister of Public Security periodically receives citizens every month for at least one day at the citizen reception location of the Ministry of Public Security.

(3) Unscheduled reception of citizens:

Heads of Public Security at all levels, in addition to receiving citizens periodically, must receive citizens unexpectedly in the following cases:

- The case is complicated, involving many people, involving the responsibilities of many agencies, organizations, or units, or the opinions of agencies, organizations and units are still different;

- Complaints, denunciations, recommendations and reflections, if not directed and considered in a timely manner, may cause serious consequences affecting security and order or causing damage to property of the State, agencies, organizations and individuals; infringing upon citizens' lives and health;

- Receiving citizens at the request of superiors.

Circular 98/2021/TT-BCA of Vietnam takes effect from December 3, 2021

Bao Ngoc

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