New important policies of Vietnam effective from the middle of July 2021

1. Fixed working time for special legal aid cases

This is a notable content of the Circular No. 02/2021/TT-BTP of the Ministry of Justice of Vietnam on guidelines for calculating working time based on actual working sessions and fixed working time for legal aid case, takes effect from July 15, 2021.

Pursuant to Article 10 of the Circular No. 02/2021/TT-BTP of the Ministry of Justice of Vietnam, fixed working time for special legal aid cases are prescribed clearly, for example:

- In case 02 or more legal aid-providing persons provide legal aid for 01 legally-aided person within the same case: 

Based on the actual work of each performer, the fixed working time is up to 130% of the corresponding fixed working time shown in the Appendices issued together with the Circular No. 02/2021/TT-BTP, but not more than 10 times of statutory base salary.

- In case the presiding agency temporarily suspends the case:

+ The fixed working time performed by the legal aid-providing person shall be determined based on the actual work done until the suspension time;

+ When the case continues to be resolved, the fixed working time shall continue from the resumption time until the end of the case.

2. Amendments to some legal aid provisions

The Circular No. 03/2021/TT-BTP amending the Circular No. 08/2017/TT-BTP and Circular No. 12/2018/TT-BTP in legal aid. According to the Circular No. 03/2021/TT-BTP dated May 25 2021, some contents are amended as following:

- Time for written assessment: Assessment of knowledge about criminal, civil administrative and legal aid laws; and skills in legal proceedings participation, extrajudicial representation and legal consultancy; extended by 60 minutes to 180 minutes (current provision is 120 minutes).

- Amending provision on change of apprentice mentors: Apprentices have the right to submit a written request for change of mentor to the head of the Center in any of the following cases: he mentor transfers to another workplace, resigns, is forced to resign, etc.

- Amending Documentary evidence of being a person with meritorious service to a revolution:

+ Medals of “For Merit to the Fatherland” awarded to revolution supporters;

+ certificates of revolution participation awarded before January 01, 1945;

+ certificates of revolution participation awarded from January 01, 1945 to the date of the 1945 August Revolution and Victory Medals.

Circular No. 03/2021/TT-BTP takes effect from July 15 2021.

3. New points in enrolment for college education of preschool education

The Circulation No. 16/2021/TT-BGDĐT (takes effect from July 16 2021) amending and supplementing some articles of the universal learning regulation; enrolment for college education of preschool education issued together with the Circular No. 09/2020/TT-BGDĐT with some new notable points, for examples:

- Candidates can adjust wishes online 03 times after having the results of the high school examination:

Pursuant to Clause 7 Article 1 of the Circulation No. 16/2021/TT-BGDĐT, after having the results of the high school graduation examination, candidates can adjust their wishes to apply for admission three (03) times within the specified time, by online method.

(According to the current provision of the Circular No. 09/2020/TT-BGDĐT, after high school graduation examination results are available, applicants may change their non-exam admission choices once within the given time limit online or at the exam application location).

- For the first round of non-exam admission, candidate who registers for non-exam admission choices of universities or colleges of preschool education can just choose one of the two following methods: register directly a non-exam admission application or register online according to guidance of the Department of Education and pay charges of non-exam admission application.

For non-exam admission rounds after round 1, candidate registers for non-exam admission and pays charges in accordance with each school’s regulations.

(According to the current provision of the Circular No. 09/2020/TT-BGDĐT, for the first round of non-exam admission, submit a non-exam admission application and an application for the high school graduation examination according to regulations of Departments of Education and Training and pay the charge for non-exam admission application. For the following rounds of non-exam admission, apply for non-exam admission and pay charges in accordance with each school’s regulations).

4.  Amendments to provisions on making state financial statements  

The Circular No. 39/2021/TT-BTC amending Circular No. 133/2018/TT-BTC on instructing to make state financial statements.

According to the Circular No. 39/2021/TT-BTC, units making state financial statements and the agencies, units and organizations providing information for making state financial statements are supplemented as following:

- Ministries and central-affiliated agencies assigned to manage infrastructure assets;

- Ministries and central-affiliated agencies assigned to manage and use specific fixed assets (including: antiquities, artifacts displayed in museums, mausoleums, historical and cultural relics);

- Departments, sectors and branches of central-affiliated provinces and cities assigned to manage and use specific fixed assets (including: antiquities, artifacts displayed in museums, mausoleums, historical and cultural relics);

- Departments, sectors and branches of central-affiliated provinces and cities assigned to manage infrastructure assets;

- District-level People’s Committees.

Circular No. 39/2021/TT-BTC takes effect from July 15, 2021.

Bao Ngoc

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