Notable documents in the previous week (from October 10 to October 16, 2022)

1. Vietnam to supplement methods of applying for GMP certificates

On October 13, 2022, the Government of Vietnam promulgated Decree No. 80/2022/ND-CP on amendments to Decree No. 35/2016/ND-CP guiding the Law on Veterinary Medicine.  

According to the Decree, procedures for applying for certificates of Good Manufacturing Practice (GMP) are as follows:

- Step 1: 

Organizations and individuals shall submit a dossier on applications for GMP Certificates to the Department of Animal Health of Vietnam directly, by post, or via online services. 

Within 10 days from the date of receipt of the applications, the Department of Animal Health of Vietnam shall appraise such applications or issue documents requesting their amendments if they do not satisfy the requirements; 

(Compared with Decree No. 35/2016/ND-CP, methods of submitting applications for GMP certificates by post or via online services have been added) 

- Step 2: 

Within 30 days from the date of the receipt of the valid applications, the Department of Animal Health of Vietnam shall decide on the establishment of GMP Inspection Teams while notifying facilities of the inspection schedule and conducting the inspection;

- Step 3: 

Within 10 days from the date of the ending of the inspection, if facilities satisfy the requirements, the Department of Animal Health of Vietnam shall issue GMP Certificates. If facilities fail to satisfy the requirements, the Department of Animal Health of Vietnam shall answer and explain in writing. 

Decree No. 80/2022/ND-CP comes into force as of its date of signing. 
 
2. New regulations of Vietnam on conditions for the merger of public service providers of industry and trade 

On October 10, 2022, the Minister of Industry and Trade of Vietnam promulgated Circular No. 16/2022/TT-BCT on the criteria of classification and conditions for the establishment, merger, consolidation, and dissolution of public service providers of industry and trade. 

According to the Circular, conditions for the merger and consolidation of public service providers of industry and trade are as follows: 

(1) Public service providers of industry and trade are merged and consolidated when they fail to satisfy one of the conditions for the establishment of public service providers prescribed in Clause 1 Article 5 of Decree No. 120/2020/ND-CP.

 (2) When there is an adjustment to functions, tasks, and entitlements to be suitable for the national industry planning or public service provider network planning (if any) approved by competent authorities, ensuring the improvement of operational efficiency and satisfying regulations on the minimum number of workers prescribed in Point d Clause 1 Article 5 of Decree No. 120/2020/ND-CP.

 (3) The merger and consolidation of public service providers must not reduce the existing level of financial autonomy of such units;

In case of merging or consolidating public service providers with different levels of financial autonomy, the level of financial autonomy of public service providers after the merger or consolidation will be decided by competent agencies. 

(4) Regarding public service providers of foreign industry and trade:

Aside from satisfying conditions (1), (2), and (3), such public service providers also have to ensure the suitability for policies on foreign affairs of the CPV, State, and agreements between the Socialist Republic of Vietnam and the Governments of their countries regarding the merger and consolidation.

See more details in Clause 1 Article 5 of Decree No. 120/2020/ND-CP.

Circular No. 16/2022/TT-BCT comes into force as of November 28, 2022. 

3. New regulations of Vietnam on applications for fixed passenger waterway transport from shore to islands

On October 13, 2022, the Minister of Transport of Vietnam promulgated Circular No. 24/2022/TT-BGTVT on amendments to Circulars on the management of waterway transport routes from shore to islands in the waters of Vietnam. 

According to the Circular, applications for fixed passenger waterway transport routes from shore to islands include: 

(1) Registrations of passenger transport operation according to Appendix II promulgated with Circular No. 16/2013/TT-BGTVT; 

(2) Agreements or contracts with organizations that manage ports or wharves on permission for vehicles to enter and pick up and drop off passengers;

(3) Copies enclosed with the originals for comparison or electronic copies with legal values issued by competent agencies, including: 

- Certificates of business registration, certificates of enterprise registration, or certificates of investment that contain the content of the passenger waterway transport industry;

- Certificates of vehicle registration;

- Certificates of technical safety and environmental protection of vehicles that are valid and suitable for the operational routes.
 
(Compared with Circular No. 16/2013/TT-BGTVT, the requirement for certified copies has been replaced by electronic copies with legal values) 

Circular No. 24/2022/TT-BGTVT comes into force as of December 15, 2022. 

4. New regulations of Vietnam on transitional guidelines on standards of the professional title of public employees of science and technology 

On October 11, 2022, the Minister of Science and Technology of Vietnam promulgated Circular No. 14/2022/TT-BKHCN on amendments to Joint Circular No. 24/2014/TTLT-BKHCN-BNV on codes and standards of the professional title of public employees specialized in science and technology amended by Circular No. 01/2020/TT-BKHCN.

According to the Circular, transitional regulations on the professional title of public employees of science and technology are as follows: 

- Public employees who have been appointed to the professional title of public employees of science and technology at public service providers before December 12, 2022 are:

Considered to have satisfied regulations on standards of the professional title of public employees of science and technology.

- Public employees who have certificates of completion of the professional title standard training program of professional titles of public employees of science and technology before June 30, 2022, according to Decree No. 89/2021/ND-CP are:

Considered to have satisfied the requirements for certificates of advanced training in standards of the professional title of public employees of science and technology.

Are utilized when participating in the exam period or considered for professional title promotion and exempted from learning the advanced training program on standards of public employees of science and technology prescribed in Circular No. 14/2022/TT-BKHCN.

- Agencies and organizations with schemes and plans for public employee recruitment (entrance exams, admission without exams, and receipt of public employees), and promotion of the professional title of public employee before December 12, 2022 may:

Continue to comply with the approved schemes, plans, and regulations prescribed in Joint Circular No. 24/2014/TTLT-BKHCN-BNV and Circular No. 01/2020/TT-BKHCN.

See more details in Circular No. 14/2022/TT-BKHCN, which comes into force as of December 12, 2022.

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