Notable documents of Vietnam in the previous week (from January 13 to January 19, 2025)

Vietnam’s guidelines on policies for officials and public employees upon apparatus streamlining 

On January 17, 2025, the Minister of Home Affairs of Vietnam promulgated Circular No. 1/2025/TT-BNV on guidelines for the implementation of policies and benefits for officials, public employees, and employees in the arrangement of the organizational apparatus of the political system. 

This Circular provides for the implementation of policies and benefits for officials, public employees, and employees in agencies, organizations, and units prescribed in Article 1 of Decree No. 178/2024/ND-CP during the arrangement of apparatuses and administrative divisions at various levels of the political system, including methods for determining the time and monthly salaries to calculate policies and benefits; methods for calculating policies for premature retirees; methods for calculating resignation policies for officials and commune-level officials; methods for calculating resignation policies for public employees and employees and implementing policies on training and advanced training in qualification enhancement of officials and public employees after arrangement. 

This Circular comes into force as of its date of signing.   Policies and benefits prescribed in this Circular shall be calculated from January 1, 2025. 

To implement Clause 2 Article 24 of Decree No. 178/2024/ND-CP, beneficiaries receiving the policies prescribed in Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government of Vietnam on payroll downsizing before January 1, 2025 shall not receive the policies and benefits prescribed in Circular No. 1/2025/TT-BNV.

Cases of transfer of houses and land to local authorities for management and handling in Vietnam 

This is a content of Decree No. 03/2025/ND-CP on the re-arrangement and handling of public property being houses and land promulgated on January 1, 2025. 

According to the Decree, the transfer of houses and land to local authorities for management and handling refers to the transfer of houses and land from agencies, organizations, and individuals managed by central authorities or other local authorities to specific Provincial People’s Committees or from agencies, organizations, and units managed by local authorities to local competent agencies according to Point c Clause 2 Article 13 of Decree 03/2025 for management and handling as prescribed by the law.  The transfer of houses and land to local authorities for management and handling shall be carried out in the following cases:  

- Houses and land allocated and arranged for use as housing ultra vires before the effective date of the Land Law 2024 with independent premises or can be separated from the premises of houses and land with separate paths that agencies, organizations, and units no longer need to use; 

- Houses and land not subject to the case prescribed in Point a Clause 1 Article 13 of Decree 03/2025 that agencies, organizations, and units no longer need to use.

In case of other existing property (not houses and land) at houses and land that the managing and using agencies, organizations, and units no longer need to use shall be transferred together with such houses and land (if the receiving local authorities wish to receive them); in this case, the power to decide on the transfer, handover, and receipt of other property shall comply with the regulations applicable to the transfer of houses and land.  Where the receiving local authorities do not need the mentioned property, agencies, organizations, and units shall submit reports to competent agencies and persons for handling in compliance with the law on public property management and use. 

Decree No. 03/2025/ND-CP comes into force as of its date of signing. 

Vietnam’s guidelines on implementation of election regulation in CPV

The Secretariat of Vietnam promulgated Guidance No. 04-HD/TW 2024 on specific matters in the implementation of the election regulation in the CPV. 

According to the Guidance, the Secretariat of Vietnam provides guidelines on specific matters in the implementation of the election regulation in the CPV. 

Specifically, a self-nomination application at a congress of a commune-level party committee and equivalents or higher includes: 

- Self-nomination application (Form No. 1). 

- CPV member slip confirmed by the grassroots-level committee (Form No. 2 of the CPV member record, Guidance No. 12-HD/BTCTW, dated January 18, 2022). 

- Declaration of property and income following the form enclosed with the current regulation (confirmed by the declarant and the person receiving the declaration as per regulation). 

- Health certificate of a competent health facility/health checkup slip of an official (issued within 6 months from the date of the result to the opening date of the congress). 

- Political standard conclusion of a competent committee according to the regulation of the Politburo of Vietnam on political protection of CPV internal affairs. 

- Copies of diplomas and certificates of professional qualifications, specialties, and political theories (confirmed by a personnel management agency or a competent authority). 

- Comment from the relevant committee cell or party cell (where there is no committee cell) where the candidate operates (Form No. 3). 

- Comment from the relevant committee cell or party cell (where there is no committee cell) where the candidate resides (Form No. 3-213, Guidance No. 33-HD/BTCTW, dated October 30, 2020). 

Vietnam’s regulation on registration of guardianship supervision and registration of termination of guardianship supervision 

On January 9, 2025, the Government of Vietnam promulgated Decree No. 07/2025/ND-CP on amendments to Decrees concerning civil status, nationality, and authentication.

According to the Decree, Section 5 Chapter 3 is added to Decree No. 123/2015/ND-CP dated November 15, 2015 (on registration of guardianship supervision and registration of termination of guardianship supervision). 

Specifically, the power concerning the registration of guardianship supervision and registration of termination of guardianship supervision is as follows: 

- The People’s Committees of communes where the wards reside shall be entitled to carry out the registration of guardianship supervision. 

- The People’s Committees of communes that have registered the guardianship supervision shall be entitled to carry out the registration of the termination of guardianship supervision. 

**Regarding the procedure for guardianship supervision registration: 

- The petitioner for guardianship supervision registration shall submit a declaration of guardianship supervision registration following the prescribed form and documents proving the agreement on the appointment/selection of the guardian according to the Civil Code to the competent civil status registration agency. 

- Within 3 working days from the receipt of the documents mentioned above, if they are deemed eligible according to the law, the justice and civil status officer shall record them in the civil status book and submit a report to the President of the Commune-Level People’s Committee to issue an excerpt to the petitioner. 

Where a verification is needed, the settlement time limit shall be extended by up to 5 working days from the receipt date of the documents. 

Decree No. 07/2025/ND-CP comes into force as of its date of signing. 

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