Notable policies coming into force from the middle of December, 2022

Notable policies coming into force from the middle of December, 2022
Nguyễn Như Mai

Poor households and near poverty households getting free smartphones, a fine of up to VND 40 million imposed for performing fraudulent acts for obtaining vocational education and training certificate, etc. are some of notable policies which are coming into force from the middle of December, 2022 (from December 11, 2022 to December 20, 2022).

1. From December 12, 2022, poor households and near poverty households will be given smartphones

This content is introduced in the Circular No. 14/2022/TT-BTTTT (which is coming info force from December 12, 2022) prescribing the list and quality of public telecommunication services and guidelines for implementation of Program on provision of public-utility telecommunications services to 2025 of Minister of Information and Communications of Vietnam.

Accordingly, entities getting free smartphones include poor households and near poverty households.

- Eligibility requirements:
Eligible entities include:

+ Families that have not yet received tablets under the Program or equipment for online learning (tablets, desktop computers or laptops) under the “Sóng và máy tính cho em” (“Internet connection and computers for students”) Program (by the time of determination of quantity of smartphones allocated to provincial governments by the Ministry of Information and Communications of Vietnam);

+ Families that wish to receive support and have their names included in the list of households eligible to receive support approved by competent authorities.

- Support forms:

+ Give smartphones and support in use of terrestrial mobile network services;

+ Cash support (if a family is included in the approved list of households eligible to receive support but has themselves purchased smartphone from the effective date of the Circular No. 14/2022/TT-BTTTT). The maximum cash support is VND 500.000/household.

2. A fine of up to VND 40 million will be imposed for performing fraudulent acts for obtaining vocational education and training certificates

The Government has promulgated the Decree No. 88/2022/ND-CP dated October 26, 2022 prescribing penalties for administrative violations in vocational education and training field.

Accordingly, a fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

- Performing fraudulent acts for obtaining diplomas/certificates or their duplicates, if not liable to criminal prosecution;

(This fine is imposed upon a violating individual).

- Issuing diplomas/certificates to learners without using the prescribed templates;

- Issuing diplomas/certificates to learners ultra vires.

(With regard to these 02 violations, fines are imposed upon violating organizations).

The Decree No. 88/2022/ND-CP is coming into force from December 12, 2022.

3. Professional qualification standards of forensic psychiatric assessors

The Minister of Health of Vietnam has promulgated the Circular No. 11/2022/TT-BYT dated November 01, 2022 prescribing standards, required documentation, procedures for appointment, dismissal, issuance and revocation of forensic assessor certificates and forensic psychiatric assessor certificates. <0}

Accordingly, a forensic psychiatric assessor is required to meet the following professional qualification standards:
He/she is a Vietnamese citizen that has permanent residence in Vietnam, meets all general standards defined in Clause 1 Article 7 of the Law on judicial expertise, is not subject to the provisions of Clause 2 Article 7 of the Law on judicial expertise, and meets the following specific standards:

- He/she possesses a bachelor's degree or higher in one of the training majors prescribed in the Circular No. 09/2022/TT-BGDDT which is suitable for practicing in the forensic psychiatric assessment.

- He/she is a general physician who has been issued with a certificate or confirmation of completion of training course in psychiatry, with training duration of at least 06 months, by a training institution qualified to provide training courses in psychiatry; or a doctor who has been issued with a postgraduate degree in psychiatry (Specialty-I doctor, Specialty-II doctor, resident physician, Master or PhD degree).

(Currently, a forensic psychiatric assessor is required to have actually practiced in his/her training specialty at health facilities for a full period of at least 05 years. This period shall be at least 03 years if a person who directly takes charge of assessment activities of a forensic psychiatric assessment organization is appointed as a forensic psychiatric assessor).

The Circular No. 11/2022/TT-BYT is coming into force from December 15, 2022, and supersedes the Circular No. 02/2014/TT-BYT.

4. Rules for connection and information sharing between National population database and other information systems

This content is provided in the Circular No. 46/2022/TT-BCA dated November 04, 2022 prescribing the connection and information sharing between the National population database and national databases, specialized databases and other information systems promulgated by the Minister of Public Security of Vietnam.

Accordingly, the connection and information sharing between National population database and national databases, specialized databases and other information systems must comply with the following rules:

- Comply with regulations of law on protection of personal data; ensure confidentiality and safety of information as well as cyberinformation security in accordance with prevailing regulations of law.

- Do not affect rights, interests and responsibilities of relevant authorities, organizations and individuals; do not infringe upon privacy, personal and family secrets of individuals, unless otherwise prescribed by laws.

- The agency in charge of managing the National population database of the Ministry of Public Security of Vietnam shall take charge of connecting and sharing information included in the National population database with relevant authorities, organizations and individuals in accordance with regulations of law.

- Authorities, organizations and individuals that connects and uses information included in the National population database must satisfy requirements regarding information systems, connection models, data structure, safety, security and confidentiality of information as prescribed by laws.

The Circular No. 46/2022/TT-BCA is coming into force from December 19, 2022.

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