Notable documents of Vietnam in the previous week (from January 8 to January 14, 2024)

Notable documents of Vietnam in the previous week (from January 8 to January 14, 2024)
Trần Thanh Rin

Vietnam to promulgate 2 Decrees guiding the Law on Identity 2023 in 2024; conditions for remote medical examination and treatment support from January 1, 2024; etc., are notable documents that will be covered in this bulletin.

1. Vietnam to promulgate 2 Decrees guiding Law on Identity 2023 in 2024 

On January 8, 2024, the Prime Minister of Vietnam promulgated Decision No. 19/QD-TTg on the list and assignment of authorities in charge of the compilation of documents elaborating on Laws and Resolutions approved by the 15th National Assembly of Vietnam in the 6th meeting session. 

Specifically, in 2024, the Law on Identity 2023 (effective as of July 1, 2024) will have 2 guiding Decrees and 1 guiding Circular, including: 

- Decree elaborating on several Articles and implementation measures of the Law on Identity 2023 (Clause 26 Article 9; Clause 11 Article 10; Clause 4 Article 12; Clause 2, Clause 5 Article 16; Clause 6 Article 22; Clause 5 Article 23; Clause 5 Article 25; Clause 6 Article 29; Clause 6 Article 30, and Clause 4 Article 41) 

+ Authority in charge: Ministry of Public Security of Vietnam

+ Cooperative authorities: Office of the Government of Vietnam, Ministry of Justice of Vietnam, and relevant ministries, central authorities, and agencies

+ Presentation/promulgation deadline: Before May 1, 2024 

- Decree on electronic identification and authentication (Clause 5 Article 31, Clause 5 Article 34, and Clause 4 Article 41) 

+ Authority in charge: Ministry of Public Security of Vietnam

+ Cooperative authorities: Office of the Government of Vietnam, Ministry of Justice of Vietnam, and relevant ministries, central authorities, and agencies

+ Presentation/promulgation deadline: Before May 1, 2024 

- Circular of the Minister of Public Security of Vietnam elaborating on several Articles and implementation measures of the Law on Identity 2023 (Clause 4 Article 18 and Clause 5 Article 41) 

+ Authority in charge: Ministry of Public Security of Vietnam

+ Cooperative authorities: Relevant ministries, central authorities, and agencies

+ Presentation/promulgation deadline: Before May 15, 2024 

See more details in Decision No. 19/QD-TTg, effective as of January 8, 2024. 

2. Conditions for remote medical examination and treatment support from January 1, 2024 in Vietnam 

This is a content of Decree No. 96/2023/ND-CP dated December 30, 2023 guiding the Law on Medical Examination and treatment 2023.

According to the Decree, the following conditions shall be met for remote medical examination and treatment support: 

(1) Providers shall provide remote medical examination and treatment services in conformity with the granted scope of professional operations. 

(2) Remote medical examination and treatment service contracts specify: 

- Responsibilities and benefits of support service providers and support service receivers; 

- Technical infrastructures, information technology equipment, specialized equipment, information technology software, and assurance of information safety and security in conformity with the type of support services; 

- Data archive and backup, assurance of information safety and security requirements as prescribed by laws; 

- Remote medical examination and treatment costs; 

- Negotiated remote medical examination and treatment support costs between medical examination and treatment facilities. 

Remote medical examination and treatment is the method of medical examination and treatment without direct contact between the practitioners and patients, conducted through information technology equipment. 

See more details in Decree No. 96/2023/ND-CP, effective as of January 1, 2024. 

3. Vietnam’s regulation on establishment of Inspectorates of Departments from March 1, 2024 

On January 11, 2024, the Government of Vietnam promulgated Decree No. 03/2024/ND-CP on authorities conducting specialized inspections and operations of authorities assigned to conduct specialized inspections.

According to the Decree, from March 1, 2024, Inspectorates of Departments to be established under Point b Clause 2 Article 26 of the Law on Inspection 2022 include: 

- Inspectorates of Departments of Industry and Trade; 

- Inspectorates of Departments of Transport; 

- Inspectorates of Departments of Education and Training; 

- Inspectorates of Departments of Planning and Investment; 

- Inspectorates of Departments of Science and Technology; 

- Inspectorates of Departments of Labor - War Invalids and Social Affairs of Vietnam; 

- Inspectorates of Departments of Home Affairs; 

- Inspectorates of Departments of Agriculture and Rural Development; 

- Inspectorates of Departments of Finance; 

- Inspectorates of Departments of Natural Resources and Environment; 

- Inspectorates of Departments of Information and Communications; 

- Inspectorates of Departments of Justice; 

- Inspectorates of Departments of Culture, Sports and Tourism or Inspectorates of Departments of Culture and Sports and Inspectorates of Departments of Tourism;  

- Inspectorates of Departments of Construction; 

- Inspectorates of Departments of Health. 

Regarding facilities not establishing Inspectorates as prescribed above, People's Committees of provinces shall decide to establish Inspectorates of Departments according to the state management requirements for local fields and sectors and the assigned payroll.

In case Inspectorates of Departments are prescribed by laws, comply with such laws and guiding documents. 

See more details in Decree No. 03/2024/ND-CP, effective as of March 1, 2024. 

4. Vietnam to have 2 lower secondary graduation assessments in one year from 2024-2025 academic year

On December 29, 2023, the Minister of Education and Training of Vietnam promulgated Circular No. 31/2023/TT-BGDDT on the Regulation on lower secondary graduation assessment, which mentions the number of lower secondary graduation assessments in a year. 

Specifically, from the 2024-2025 academic year, the number of lower secondary graduation assessments in a year shall be as follows: 

(1) Regarding educational institutions implementing the lower-secondary-level general education program, graduation assessment shall be organized up to 2 times per year for students finishing 9th grade.

Specifically: 

- The first graduation assessment shall be immediately implemented after the end of the academic year. 

- The second graduation assessment (if any) shall be implemented before the start of the new academic year. 

(2) Regarding educational institutions implementing the lower-secondary-level continuing education program, graduation assessment shall be organized at least 1 time immediately after the end of the academic year for students finishing 9th grade. 

Previously, according to Decision No. 11/2006/QD-BGD&DT, each year, one graduation assessment shall be organized immediately after the end of the academic year (according to the payroll of the academic year of the Ministry of Education and Training of Vietnam).e Regarding learners of the lower-secondary-level general education program, the number of graduation assessments in a year shall be decided by People's Committees of provinces after receiving appeals from Departments of Education and Training.

Therefore, from February 15, 2024, graduation assessment shall be organized up to 2 times per year for students following the lower-secondary-level general education program who are finishing 9th grade.

Attention: Lower secondary graduation assessment shall comply with Decision No. 11/2006/QD-BGD&DT until the end of the 2023-2024 academic year. 

See more details in Circular No. 31/2023/TT-BGDDT, which comes into force as of February 15, 2024 and replaces Decision No. 11/2006/QD-BGD&DT.

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