Notable new policies of Vietnam effective from the end of April 2023

1. Vietnam’s guidelines on conditions for designating mediators at court

On March 9, 2023, the Supreme People’s Court of Vietnam promulgated Circular No. 01/2023/TT-TANDTC guiding the conditions for designating mediators prescribed in the Law on Mediation and Dialogue at Court, effective as of April 25, 2023.

According to the Circular, guidelines on conditions for designating mediators at court according to Point a Clause 1 Article 10 of the Law on Mediation and Dialogue at Court are as follows:

- Experts and other professionals are persons who have completed specialized training sessions, have practical work skills, in-depth practical and theoretical experience about a particular field.

Ex: psychologists, financial experts, intellectual property experts, etc.

- People who have knowledge of customs and habits, or are reputable in the population community are those who know about traditional culture, customs, practices and ethnic groups; have close connections and influence in the family lineage, ethnic group and residential community; have the ability to gather and unite compatriots falling within a certain remit, and are trusted and followed by people in the community.

Ex: Village elders, village chiefs, etc. in mountainous, remote and isolated areas, and ethnic minority areas are reputable people who have knowledge of customs and habits in the community.

2. Vietnam to amend applications for archive service operations

This is the content of Circular No. 1/2023/TT-BNV dated March 9, 2023 on amendments to Clause 3 Article 1 of Circular No. 02/2020/TT-BNV on amendments to Circular No. 09/2014/TT-BNV guiding the management of archive practicing certificates and archive services, effective as of April 24, 2023.

According to the Circular, an application for archive service operations includes:

- Certified copies or copies enclosed with the original of the following papers for comparison:

+ Certificate of Enterprise Registration or Establishment Decision (for organizations).

+ Citizen ID card (for individuals). (Previously, it was the permanent residence)

+ Archive Practicing Certificates of archivists (for organizations).

+ Archive Practicing Certificate (for individuals).

- List of archivists (for organizations).

- Documents proving physical facilities, equipment, and working conditions for performing archive services according to current laws.

3. Vietnam to amend grounds for preparing plans to select drug suppliers at public healthcare facilities  

On March 12, 2023, the Minister of Health promulgated Circular No. 06/2023/TT-BYT on amendments to Circular No. 15/2019/TT-BYT on bidding for supply of drugs for public healthcare facilities.

According to the Circular, drug supplier selection plans are prepared annually or when there is a need to organize the drug supplier selection according to the following grounds:

- Funding from the state budget:

Funding for drug procurement from the state budget shall be annually provided by a competent authority. If the funding has not been provided, the plan shall be made according to the procurement and use of drugs funded by the state budget in the preceding year and the anticipated demand for drugs in the planning year;

- Funding from health insurance fund and revenues from provision of medical services:

The plan shall be made according to the procurement and use of drugs covered by funding from the health insurance fund and revenues from the provision of medical services in the preceding year and anticipated demand for drugs in the planning year of the healthcare facility.

(Previously, regarding funding from revenues from the provision of medical services and payment from social insurance agencies, the plan shall be made based on:

+ Contract for medical services covered by health insurance between the healthcare facility and the social insurance agency;

+ Procurement and use of drugs covered by revenues from medical services in the preceding year and anticipated demand for drugs in the planning year of the healthcare facility.)

- For drugs covered by other legal revenue sources of the healthcare facility: the plan shall be made according to the procurement and use of drugs covered by other legal revenue sources in the preceding year and anticipated demand for drugs in the planning year of the healthcare facility.

Circular No. 06/2023/TT-BYT of the Ministry of Health of Vietnam comes into force as of April 27, 2023.

4. Vietnam's new National Technical Regulation on Meteorological Observations

This is the content of Circular No. 14/2022/TT-BTNMT dated October 27, 2022 on the National Technical Regulation on Meteorological Observations.

National Technical Regulation on Meteorological Observations QCVN 46:2022/BTNMT is promulgated together with Circular No. 14/2022/TT-BTNMT.

Regulations on measurement equipment in meteorological observations:

- The inclusion of measurement equipment and devices used in the observation of surface meteorology and high-altitude meteorology in the list of equipment and devices subject to mandatory inspection and standardization shall be implemented in compliance with measurement laws.

- Technical specifications of measurement equipment shall meet the mandatory requirement prescribed in this National Technical Regulation.
 
- Only measurement equipment and devices with national or international specifications with accuracy equivalent to or higher than those prescribed in this National Technical Regulation shall be accepted.

- Measurement equipment and devices not included in the list of equipment and devices subject to mandatory inspection and standardization shall have documents on their origins and technical specifications conformable with national technical regulations promulgated by competent state authorities.

Circular No. 14/2022/TT-BTNMT comes into force as of April 28, 2023 and replaces Circular No. 25/2012/TT-BTNMT.

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