Notable documents of Vietnam in the previous week (from July 17 to July 23, 2023)

1. Vietnam's 8 new Laws

At the 5th meeting session, the XV National Assembly of Vietnam approved 8 laws. To be specific:

- Law on Procurement 2023, which comes into force as of January 1, 2024 and replaces the Law on Procurement 2013;

- Law on Protection of Consumer Rights 2023, which comes into force as of July 1, 2024 and replaces the Law on Protection of Consumer Rights 2010;

- Cooperative Law 2023, which comes into force as of January 1, 2024 and replaces the Cooperative Law 2012, except for Clause 3 and Clause 4 Article 115 of the Cooperative Law 2023, effective as of September 1, 2023;

- Law on Prices 2023, which comes into force as of July 1, 2024 and replaces the Law on Prices 2012, except for Clause 2 Article 60 of the Law on Prices 2023, effective as of January 1, 2026;

- Law on Civil Defense 2023, effective as of July 1, 2024;

- Law on People’s Public Security Force (amended) 2023, effective as of August 15, 2023;

- Law on Entry and Exit of Vietnamese Citizens and Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (amended) 2023, effective as of August 15, 2023;

- Law on E-Transactions 2023, which comes into force as of July 1, 2023 and replaces the Law on E-Transactions 2005;

2. Vietnam to add more principles of assessment and classification of quality of officials and public employees as of September 15, 2023

On July 17, 2023, the Government of Vietnam promulgated Decree No. 48/2023/ND-CP on amendments to Decree No. 90/2020/ND-CP on assessment and classification of the quality of officials and public employees.

According to the Decree, Clause 5 and Clause 6 have been added to Article 2 of Decree No. 90/2020/ND-CP as follows:  

- Officials and public employees subject to CPV or administrative discipline are assessed and classified as follows:

+ Officials and public employees subject to CPV or administrative discipline during the assessment year are classified as “failed to complete tasks”, except for cases prescribed in Points b Clause 5 Article 2 of Decree No. 90/2020/ND-CP (amended by Decree No. 48/2023/ND-CP).

+ In case of a violation that has not received a disciplinary decision from competent authority but has been used as the basis for the “failed to complete tasks” conclusion and classification during the assessment year, the disciplinary decision issued after the assessment year for such violation (if any) shall not be used as the basis for assessment and classification in its issuance year.

+ In case officials or public employees who are CPV members subject to CPV and administrative disciplinary decisions for the same violation but the decisions are not effective in the same assessment year, they shall only be used as the basis for one assessment year.

- The rate of officials and public employees classified as “excellently completed tasks” in the total officials and public employees at the same agencies, organizations, and units and in groups that have similar tasks shall not exceed the rate of CPV members classified as “excellently completed tasks” according to CPV regulations.

If agencies, organizations, and units have outstanding or notable achievements, exceed the expected results of assigned tasks, adequately complete irregular tasks, propose or implement innovations, create positive changes, and provide practical values and efficiency, competent authorities shall decide the “excellently completed task” rate in conformity with actual situations, ensuring legitimate rights and benefits of officials and public employees.

See more details in Decree No. 48/2023/ND-CP, which comes into force as of September 15, 2023.

3. Administrative divisions of districts and communes to be arranged during 2023-2025 in Vietnam

This is a content of Resolution No. 35/2023/UBTVQH15 dated July 12, 2023 on the arrangement of administrative divisions of districts and communes during 2023-2030 promulgated by the Standing Committee of the National Assembly of Vietnam.

According to the Resolution, administrative divisions of districts and communes subject to arrangement during 2023-2025 are as follows:

- Administrative divisions of districts and communes that have both natural area and population scale below 70% compared to standards of corresponding administrative divisions according to Resolution No. 1211/2016/UBTVQH13 amended by Resolution No. 27/2022/UBTVQH15 (hereinafter referred to as “Resolution of the Standing Committee of the National Assembly of Vietnam”);

- Administrative divisions of districts and communes that have a natural area below 20% and a population scale below 200% compared to standards of corresponding administrative divisions according to the Resolution of the Standing Committee of the National Assembly of Vietnam;

- Administrative divisions of districts and communes that have a natural area below 20% and a population scale below 300% compared to standards of corresponding administrative divisions according to the Resolution of the Standing Committee of the National Assembly of Vietnam.

See more details in Resolution No. 35/2023/UBTVQH15, effective as of July 19, 2023.

4. 6 acts of illegal run for office and authority in Vietnam

This is a content of Regulation No. 114-QD/TW dated July 11, 2023 on control of authority and prevention and control of negativity in official work promulgated by the CPV Central Committee.

According to the Regulation, acts of illegal run for office and authority are as follows:

- Directly or indirectly brokering or giving or receiving bribes to help others obtain positions and benefits.

- Giving gifts, money, real estate, or other material and immaterial benefits or arranging entertainment activities for competent persons to gain support, trust, position, and benefits.

- Faking age, working seniority, emulation titles, commendations, rewards, degrees, assignments, appointments, introductions, designations, mobilizations, transfer, secondment, rank promotion, etc., to be qualified for positions and benefits.

- Taking advantage of close relationships or using other people’s advantages, positions, or reputations to influence, enlist, or pressure competent persons to obtain positions and benefits.

- Taking advantage of internal information or adverse information of organizations and individuals to set conditions and put pressure on competent persons for improper assignment, appointment, introduction, election, and designation.

- Using background, family background, or work achievements to place unreasonable demands on competent organizations and individuals to obtain positions and benefits.

See more details in Regulation No. 114-QD/TW, which comes into force as of July 11, 2023 and replaces Regulation No. 205-QD/TW dated September 23, 2019.

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