Notable new policies of Vietnam effective from the end of December 2024

Notable new policies of Vietnam effective from the end of December 2024
Le Truong Quoc Dat

Principles of managing, providing, and using cyber information from December 25, 2024; promulgation of 43 state audit standards; etc., are notable policies that will be covered in this bulletin.

1. Principles of managing, providing, and using cyber information in Vietnam from December 25, 2024  

On November 9, 2024, the Government of Vietnam promulgated Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and cyber information, effective as of December 25, 2024. 

According to the Decree, the principles of managing, providing, and using cyber information are as follows: 

- The management, provision, and use of cyber information in the form of electronic newspapers, electronic publications, or online advertisements shall comply with press, publication, advertising, and intellectual property laws. 

- The management, provision, and use of cyber information in the form of social networks and news aggregator sites shall comply with Section 2 of Chapter III and relevant regulations prescribed in Decree No. 147/2024/ND-CP and relevant press regulations. 

- The management, provision, and use of information services on mobile networks shall comply with Chapter IV and relevant regulations prescribed in Decree No. 147/2024/ND-CP and the law on telecommunications. 

- The management, provision, and use of information on websites providing specialized services shall comply with specialized laws and relevant regulations prescribed in Decree No. 147/2024/ND-CP

- The management, provision, and use of information on personal and internal websites shall comply with the regulations on registration and use of Internet resources and relevant regulations prescribed in Decree No. 147/2024/ND-CP

- Agencies, organizations, enterprises, and individuals shall take legal liability for the information archived, transmitted, provided, or spread online by them. 

- Agencies, organizations, and enterprises providing online services shall not disclose service users’ information except in the following cases:

+ Service users agree to provide the information; 

+ Upon requests from competent authorities according to the law. 

- Agencies, organizations, enterprises, and individuals participating in the management, provision, and use of cyber information shall protect state secrets according to the law.  During the online archive or transmission of information included in the list of state secrets, agencies, organizations, enterprises, and individuals shall encrypt such information according to the law. 

2. Vietnam’s 43 state audit standards 

On November 15, 2024, the Auditor General of the State Audit Office of Vietnam promulgated Decision No. 08/2024/QD-KTNN on the system of state audit standards, effective 45 days after the signing date, replacing Decision No. 02/2016/QD-KTNN dated July 15, 2016.

The system of state audit standards enclosed with Decision No. 08/2024/QD-KTNN includes the list of terms and 43 state audit standards with assigned numbers and names specifically as follows: 

- State audit standard 100 – Basic principles in audit operations of the State Audit Office of Vietnam 

- State audit standard 130 – Code of professional ethics 

- State audit standard 140 – Audit quality control 

- State audit standard 150 – Capacity of state auditors 

- State audit standard 200 – Financial audit principles  

- State audit standard 300 – Operational audit principles  

- State audit standard 400 – Compliance audit principles   

- State audit standard 2200 – General objectives and requirements for state auditors carrying out financial audit under state audit standards

- State audit standard 2220 – Audit quality control for financial audit 

- State audit standard 2230 – Audit documents of financial audit 

- …

See more details in Decision No. 08/2024/QD-KTNN.

3. Emulation forms for militia and self-defense forces in Vietnam from December 22, 2024 

This is a content of Circular No. 93/2024/TT-BQP dated November 8, 2024 stipulating and guiding the emulation and commendation concerning militia and self-defense forces promulgated by the Minister of National Defense of Vietnam, which comes into force as of December 22, 2024 and replaces Circular No. 57/2020/TT-BQP.

Specifically, emulation forms for militia and self-defense forces shall comply with Article 16 of the Law on Emulation and Commendation 2022 and the following regulations: 

- Regular emulation

Based on the assigned functions and tasks of individuals and collectives, organize the launch and successfully carry out the daily, monthly, quarterly, and annual work of agencies, organizations, and units of militia and self-defense forces.

The organization of regular emulation movements shall specify requirements, objectives, content, and targets. At the end of a work year, directors of agencies, organizations, and units of militia and self-defense forces shall summarize and carry out assessments for emulation titles.  

- Thematic emulation

Thematic emulation aims to successfully implement key tasks or a field requiring concentration, such as tasks of combat readiness, combat, combat service, crime prevention and combat, preparation, management, and remedy for consequences of natural disasters, incidents, epidemics, fire, and explosions, and rescue, determined in a specific period to strive for the completion of urgent and key tasks of agencies, organizations, and units of militia and self-defense forces. 

4. Vietnam's regulations on irregular bonuses for commissioned officers and professional soldiers from December 25, 2024  

This is a content of Circular No. 95/2024/TT-BQP, dated November 11, 2024, promulgated by the Minister of National Defense of Vietnam, on guidelines on bonuses for beneficiaries of state budget-funded salaries under the management of the Ministry of National Defense of Vietnam, effective as of December 25, 2024; annual bonuses shall be implemented from July 1, 2024. 

According to the Circular, irregular bonuses for beneficiaries of state budget-funded salaries under the management of the Ministry of National Defense of Vietnam are as follows: 

- Criteria for bonuses 

People prescribed in Clauses 1 and 2 Article 2 of Circular No. 95/2024/TT-BQP shall be entitled to irregular bonuses upon achievements in irregular work under unforeseen circumstances outside of plans or regular tasks they are responsible for. 

- Irregular bonuses 

+ Irregular bonuses for cases prescribed in Clause 1 Article 4 of Circular No. 95/2024/TT-BQP shall comply with the regulations on irregular bonuses of the Ministry of National Defense of Vietnam. 

+ Where people with achievements in irregular work prescribed in Clause 1 Article 4 of Circular No. 95/2024/TT-BQP are entitled to consideration for the promotion of military rank or salary grade in advance by competent authorities but hold the highest military rank of their positions or titles; hold the highest salary grade of the current salary type and group; reserve achievements or irregular work but the working time is insufficient to receive the promotion of military rank or salary grade in advance; or have other achievements eligible for consideration for the promotion of military rank or salary grade in advance, aside from the bonuses prescribed in Point a Clause 2 Article 4 of Circular No. 95/2024/TT-BQP, they shall be considered for additional bonuses equal to the salary of a month used as the basis for paying social insurance premiums at the time of making achievements in irregular work. 

+ In case of implementing a task eligible for many bonuses, they may only receive the highest one. 

- Irregular bonuses shall not be applicable to beneficiaries of commendations for meritorious services, emulation movement commendations, contribution process commendations, seniority-based commendations, diplomatic commendations, or commendations in the preliminary and final reviews of thematic campaigns or irregular task implementation under the Law on Emulation and Commendation 2022.

 

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