New policies of Vietnam effective from the end of November 2021

New policies of Vietnam effective from the end of November 2021
Bảo Ngọc

LawNet would like to introduce to customers the following outstanding new policies effective from the end of November 2021 (from November 21 to November 30, 2021):

1. Dossier to register for the Vietnamese language proficiency test for foreigners

The Ministry of Education and Training of Vietnam has promulgated Circular 27/2021/TT-BGDDT on Regulations on the Vietnamese language ability assessment exam according to the Vietnamese Language Competency Framework for foreigners, effective from November 22, 2021.

According to the Circular, the application file for registration for the Vietnamese language ability assessment exam includes:

- 02 photos of size 4x6 (cm) taken not more than 06 months before the date of registration for the contest, the back of the photo clearly shows the full name, date of birth;

- Copy of valid passport;

- Contest registration form (including information about full name, date of birth, nationality, passport number and date, time and place of registration and other necessary information).

Registration can be done in one of the following ways:

- Register directly at the exam organizer or register online via the website of the exam organizer;

- Through organizations, agencies, enterprises, or educational institutions where they are working or studying, register for the exam with the exam organizing unit.

2. Conditions for implementing commitments to spend the state budget through the State Treasury of Vietnam

This is the content of Circular 89/2021/TT-BTC of Vietnam regulating the management and control of commitments to spend the state budget through the State Treasury, effective from November 24, 2021.

Specifically, expenditures of budget-using units shall be committed to spending when fully meeting the following conditions:

(1) The request for spending commitment of the budget user must fully meet the information criteria according to the form in Decree 11/2020/ND-CP of Vietnam  and ensure legality, specifically:

- The seal and signature on the request for commitment to state budget expenditure, adjustment of the commitment to state budget expenditure are consistent with the seal and signature sample registered for transactions at the State Treasury and ensure it is still valid.

(Currently, Clearer regulations on documents are the request for commitment to state budget expenditure, adjustment of commitment to state budget expenditure, and must be valid).

- The contract for the performance of the payment commitment must ensure the legality and validity of the contract.

 (Currently, it is required to comply with the process and procedures for procurement, bidding, and appointment of contractors).

(2) The amount proposed to commit to spending does not exceed the estimate or capital plan assigned by a competent state agency which is still allowed to be used.

(Currently, Adding the phrase “capital plan”).

(3) The request for commitment to spend the current budget year of the budget-using unit must be sent to the State Treasury by the end of January 25 of the following year.

(Currently, omitted the exception of “commitment to advance cost estimates of recurrent fees”)

 (4) Having a complete dossier of requests for spending commitment in accordance with regulations and the capital estimate and plan entered and approved on the budget management information system - Treasury (TABMIS).

3. Conditions for using radio equipment exempt from the license to use frequencies in Vietnam 

Circular 08/2021/TT-BTTTT of Vietnam stipulating the list of radio equipment exempt from the license to use radio frequencies, the technical conditions and accompanying operation, takes effect from November 28, 2021.

According to the Circular, a number of additional regulations on conditions are generally applied to radio equipment exempted from the license to use radio frequencies as follows:

- Radio equipment exempt from the license to use radio frequencies for emergency, safety, search and rescue purposes is protected from harmful interference as prescribed by law when used in frequency channels and bands specified in Appendix 20 issued together with  Circular 08/2021.

- For short-range radio equipment that can operate at multiple levels of transmitting power or in different frequency bands or with a wide operating frequency range, when used, manufactured or imported for use in Vietnam Organizations and individuals must be responsible for the fixed installation of parameters on frequency and power level as prescribed in Circular 08/2021.

4. Correcting conditions for raising endangered wild animals in Vietnam

Decree 84/2021/ND-CP of Vietnam amending and supplementing a number of articles of Decree 06/2019/ND-CP on the management of endangered, precious and rare forest plants and animals and implementation of the Convention on Trade international sale of endangered wild fauna and flora, effective from November 30, 2021.

According to the Decree, amending the conditions for raising endangered species of wild animals in Appendix CITES for commercial purposes as follows:

The wild animals listed in CITES Appendix belonging to the classes of mammals, birds and reptiles that are registered to be raised for the first time at the establishment must be certified in writing by the Vietnam CITES scientific authority on breeding and rearing growth does not affect the survival of cultured species and other related species in the wild in the following order:

- Within 02 working days from the date of receipt of the application for establishment code registration, the code-issuing agency specified in this Decree is responsible for sending a written request for certification to the Vietnam CITES Scientific Authority.

- Within 15 working days from the date of receipt of the document from the code-issuing authority, the CITES scientific authority of Vietnam is responsible for replying in writing to the content certifying the influence or non-influence of the code of breeding and rearing to the survival of farmed species and other related species in nature.

(The procedure for first-time registration of farming has been added at the farming establishment).

Bao Ngoc


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