Notable documents of Vietnam in the previous 2 weeks (from February 5 to February 18, 2024)

Notable documents of Vietnam in the previous 2 weeks (from February 5 to February 18, 2024)
Trần Thanh Rin

Additions to the list of arduous, hazardous, and dangerous occupations; forms of inspection of the quality of goods circulating on the market; Higher Education Institution Standard; etc., are notable documents that will be covered in this bulletin.

1. Additions to the list of arduous, hazardous, and dangerous occupations in Vietnam

On December 29, 2023, the Minister of Labor - War Invalids and Social Affairs of Vietnam promulgated Circular No. 19/2023/TT-BLDTBXH together with additions to the list of arduous, hazardous, and dangerous occupations and works (Class-IV working conditions) and extremely arduous, hazardous, and dangerous occupations and works (Class-VI and Class-V working conditions).

Specifically, regulations on arduous, hazardous, and dangerous occupations and works and characteristics of working conditions are as follows: 

- Processing and installing steel rebars in tunnels and underground works: working in a place lacking light and oxygen; manual, arduous, and dangerous work. 

- Installing and uninstalling formworks, formwork systems, or formwork support frame systems in tunnels and underground works: working in a place lacking light and oxygen; manual, arduous, and dangerous work. 

- Installing and uninstalling lifting machines and equipment (tower cranes, gantry cranes, hoists, and suspended platforms) for the construction of works: dangerous work affected by noise and vibration.

- Installing and repairing power systems in tunnels and underground works: work with high risk of electrocution lacking light and oxygen.

- Pouring concrete in tunnels and underground works: arduous and dangerous work affected by noise and vibration, lacking light and oxygen. 

- Constructing bricks and stone slabs in tunnels and underground works: static working posture, affected by dust and lack of oxygen. 

- Processing and installing steel mesh, steel trusses, and reinforcement of tunnels and underground works: arduous and dangerous work affected by noise, dust, static working posture, and lack of oxygen. 

- Installing equipment, components, steel structures, precast concrete, pipeline systems in tunnels and underground works: arduous and dangerous work; static working posture; lack of oxygen. 

See more details in Circular No. 19/2023/TT-BLDTBXH, effective as of February 15, 2024.

2. Forms of inspection of the quality of goods circulating on the market in Vietnam 

On January 18, 2024, the Minister of Science and Technology of Vietnam promulgated Circular No. 01/2024/TT-BKHCN on the state inspection of the quality of goods circulating on the market.

According to the Circular, regulations on forms of inspection of the quality of goods circulating on the market include: 

(i) Inspections under annual plans approved by competent authorities 

- Development of the inspection plan: 

Annually, the inspection authority shall, based on the management requirements and developments in the quality of goods and products, assess compliance with the law on product and goods quality and shall, based on the previous inspection results, the budget, and directive of the superior management authority, develop an inspection plan according to Clause 2 Article 47 of the Law on Product and Goods Quality 2007.

- Regarding facilities approved in the annual inspection plan, according to actual situations or requests from the management authority, if the inspection authority does not carry out the inspection at a specific facility subject to inspection, it shall send an official dispatch to such a facility to request for reports on compliance with laws concerning products and goods currently in business of the facility.   If there are signs of violations of standards, measurement, quality, and goods labels through reports of the facility subject to inspection, the inspection authority shall conduct an irregular inspection according to Circular No. 01/2024/TT-BKHCN

(ii) Irregular inspections of the quality of goods circulating on the market 

The grounds to carry out an irregular inspection of the quality of goods circulating on the market shall comply with Clauses 1, 2, 3, and 4 Article 4 of Circular No. 01/2024/TT-BKHCN

See more details in Circular No. 01/2024/TT-BKHCN, effective as of March 3, 2024. 

3. Vietnam's Higher Education Institution Standard 

On February 5, 2024, the Minister of Education and Training of Vietnam promulgated Circular No. 01/2024/TT-BGDDT on Higher Education Institution Standard.

The Higher Education Institution Standard promulgated together with Circular No. 01/2024/TT-BGDDT includes standards and criteria that are minimum requirements for quality and operational indicators of a higher education institution.

The Higher Education Institution Standard is the basis for planning and arrangement of the higher education institution network; assessment and supervision of conditions for quality assurance and accountability of higher education institutions as prescribed by laws.

The Higher Education Institution Standard includes 6 standards with 20 criteria. The criteria shall be assessed via the indicators specified in Part IV. Data shall be finalized on December 31st of the reporting year and completed by March 31st of the year succeeding the reporting year.

See more details in Circular No. 01/2024/TT-BGDDT, effective as of March 22, 2024. 

4. Persons eligible for consideration for award of “For National Assembly of Vietnam” Commemorative Medals 

On February 5, 2024, the Standing Committee of the National Assembly of Vietnam promulgated Resolution No. 43/2024/UBTVQH15 on the “For National Assembly of Vietnam” Commemorative Medal.

According to the Resolution, persons eligible for consideration for the award of “For National Assembly of Vietnam” Commemorative Medals include: 

 (1) Heads and former heads of the CPV and the State; heads of the Central Committee of the Vietnamese Fatherland Front. 

(2) Heads of ministries, central departments, authorities, and socio-political organizations; heads of provinces and centrally affiliated cities.

(3) President of the National Assembly, Deputy Presidents of the National Assembly of Vietnam, members of the Standing Committee of the National Assembly of Vietnam, General Secretary of the National Assembly of Vietnam – Head of the Office of the National Assembly of Vietnam, President of the Ethnic Council, Heads of Committees of the National Assembly of Vietnam, and Heads of Committees of the Standing Committee of the National Assembly of Vietnam. 

Former Presidents of the National Assembly of Vietnam, Former Deputy Presidents of the National Assembly of Vietnam, former members of the Standing Committee of the National Assembly of Vietnam, Former General Secretaries of the National Assembly of Vietnam, Former Head of the Office of the National Assembly of Vietnam, Former Presidents of the Ethnic Council, Former Heads of Committees of the National Assembly of Vietnam, and Former Heads of Committees of the Standing Committee of the National Assembly of Vietnam.

(4)  Delegates of the National Assembly of Vietnam. 

(5) Leaders of the National Assembly Office, agencies affiliated to Standing Committee of the National Assembly and officials under the management thereof.

(6) Officials, public employees, and employees of the Office of the National Assembly of Vietnam, Legislation Research Institute, Office of the Delegation of the National Assembly of Vietnam, and People’s Councils of provinces and centrally affiliated cities. 

(7) Vietnamese citizens who are not (1), (2), (3), (4), (5), and (6).

(8) Vietnamese persons residing abroad and foreigners. 

Resolution No. 43/2024/UBTVQH15 comes into force as of February 5, 2024. 

5. Specific regulations and policies on implementation of national objective programs in Vietnam 

On January 18, 2024, the National Assembly of Vietnam approved Resolution No. 111/2024/QH15 on specific regulations and policies on the implementation of national objective programs, specifically: 

(1) Allocation and assignment of recurrent expenditure estimates of the annual central budget: 

- The National Assembly of Vietnam shall allocate recurrent expenditure estimates of the annual central budget to each province according to the total budget for each national objective program;

- The Prime Minister of Vietnam shall allocate recurrent expenditure estimates of the annual central budget to each province according to the total recurrent expenditure budget for each national objective program; 

- People’s Councils of provinces shall decide to allocate or assign People’s Councils of districts to allocate recurrent expenditure estimates of the annual central budget of each national objective program, detailed to its component projects. 

(2) Management and use of property generated from projects on production development support:

- Property generated from projects on production development support shall not be applied with public property management and use laws in the following cases:

+ Property valued below 500 million VND with full or partial capital support from the state budget;  

+ Property supporting people participating in the project implementation; 

+ Property valued from 500 million VND or more with capital support from the state budget for no more than 20% of its value; 

- Project management authorities shall monitor and supervise the management and use of property during the implementation of projects. 

See more details in Resolution No. 111/2024/QH15 dated January 18, 2024. 

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