Notable documents of Vietnam in the previous week (from March 4 to March 10, 2024)

Notable documents of Vietnam in the previous week (from March 4 to March 10, 2024)
Nguyễn Thị Diễm My

Plan to implement the Law on Land 2024; regulations on periodic reports on inspection, citizen reception, and prevention and combat against corruption and negativity; etc., are notable contents that will be covered in this bulletin.

1. Vietnam’s plan to implement Law on Land 2024 

On March 5, 2024 the Prime Minister of Vietnam promulgated Decision No. 222/QD-TTg on the plan to implement the Law on Land 2024.  

According to the Decision, the plan to develop and promulgate documents elaborating on the Law on Land 2024 is as follows: 

- Documents elaborating on the Law on Land 2024 under the jurisdiction of the Government of Vietnam, the Prime Minister of Vietnam, and relevant Ministers include: 

+ The Ministry of Natural Resources and Environment of Vietnam shall take charge and cooperate with relevant ministries and central authorities in developing and requesting the Government of Vietnam to promulgate 6 Decrees and promulgate 4 Circulars under its jurisdiction to elaborate on the Law on Land 2024.

+ The Ministry of Finance of Vietnam shall take charge and cooperate with relevant ministries and central authorities in developing and requesting the Government of Vietnam to promulgate 2 Decrees and promulgate 1 Circular under its jurisdiction to elaborate on the Law on Land.

+ The Ministry of Agriculture and Rural Development of Vietnam shall take charge and cooperate with relevant ministries and central authorities in developing and requesting the Government of Vietnam to promulgate 1 Decree to elaborate on the Law on Land 2024; update additions to the draft Decree on amendments to Decree No. 156/2018/ND-CP of the Government of Vietnam elaborating on the Law on Forestry 2017 regarding contents assigned in Article 248 of the Law on Land 2024

+ The Ministry of Labor – War Invalids and Social Affairs of Vietnam shall take charge and cooperate with relevant ministries and central authorities in developing and requesting the Prime Minister of Vietnam to promulgate 1 Decision to elaborate on the Law on Land 2024

+ The Ministry of Home Affairs of Vietnam shall promulgate 1 Circular to elaborate on the Law on Land 2024

(The list of documents and completion time limit are prescribed in the Appendix enclosed with this Plan) 

- Local authorities shall develop elaboration on the Law on Land 2024, specifically: People's Councils and People's Committees of provinces shall promulgate legislative documents to elaborate on contents assigned in the Law on Land 2024

- Implementation time

+ Ministries, central authorities, and local authorities shall urgently carry out the development according to the procedures prescribed in the Law on Promulgation of Legislative Documents for presentation to the Government of Vietnam for promulgation and carry out the promulgation of documents under their jurisdiction within May 2024. 

- Regarding the draft Decree on sea encroachment according to tasks assigned in Article 190 of the Law on Land 2024, the Ministry of Natural Resources and Environment of Vietnam shall develop, complete, and promulgate the Decree according to a simplified procedure to ensure that it is effective as of April 1, 2024.

See more details in Decision No. 222/QD-TTg, effective as of March 5, 2024. 

2. Vietnam’s regulations on periodic reports on inspection, citizen reception, and prevention and combat against corruption and negativity

On January 20, 2024, the Inspector-General of the Inspectorate of the Government of Vietnam promulgated Circular No. 01/2024/TT-TTCP on regulations on reports on inspection, citizen reception, complaint and denunciation settlement, and prevention and combat against corruption and negativity.

According to the Circular, regulations on periodic reports on inspection, citizen reception, and prevention and combat against corruption and negativity are as follows: 

(1) First-quarter reports, biannual reports, 9-month reports, and annual reports.

- Regarding inspection: report on the assessment of the results of the performance of inspection tasks in the reporting period and directions and focal tasks to be implemented in the following reporting period. 

Reports on inspection shall be made following Form No. 01 and Data Tables No. 01/TTr, 02/TTr, 03/TTr, 04/TTr, 05/TTr, 06/TTr, 07/TTr, 01/QLNN, and 02/QLNN enclosed with Circular No. 01/2024/TT-TTCP.

- Regarding citizen reception and settlement of complaints and denunciations: report on the situation, results, and assessment of the performance of tasks of citizen reception and settlement of complaints and denunciations in the reporting period and directions and focal tasks to be implemented in the following reporting period. 

Reports on citizen reception and settlement of complaints and denunciations shall be made following Form No. 02 and Data Tables No. 01/TCD, 01/XLD, 02/XLD, 03/XLD, 04/XLD, 01/KQGQ, 02/KQGQ, 03/KQGQ, 04/KQGQ, and 03/QLNN enclosed with Circular No. 01/2024/TT-TTCP.

- Regarding prevention and combat against corruption and negativity: report on the situation, results of task performance, and assessment of the prevention and combat against corruption and negativity in the reporting period and directions and focal tasks to be implemented in the following reporting period. 

Reports on prevention and combat against corruption and negativity shall be made following Form No. 03 and Data Tables No. 01/PCTN, 02/PCTN, and 03/PCTN enclosed with Circular No. 01/2024/TT-TTCP.

(2) Second-quarter, third-quarter, and fourth-quarter reports shall be made according to the following data tables: 

- Regarding inspection: Data Tables No. 01/TTr, 02/TTr, 03/TTr, 04/TTr, 05/TTr, 06/TTr, 07/TTr, 01/QLNN, and 02/QLNN enclosed with Circular no. 01/2024/TT-TTCP.

- Regarding citizen reception and settlement of complaints and denunciations: Data Tables No. 01/TCD, 01/XLD, 02/XLD, 03/XLD, 04/XLD, 01/KQGQ, 02/KQGQ, 03/KQGQ, 04/KQGQ, and 03/QLNN enclosed with Circular no. 01/2024/TT-TTCP.

- Regarding prevention and combat against corruption and negativity: Data Tables No. 01/PCTN, 02/PCTN, and 03/PCTN enclosed with Circular No. 01/2024/TT-TTCP.

(3) Aside from (1) and (2), in case of necessity, ministries, ministerial agencies, governmental agencies, and provincial People's Committees shall make additional reports on the summary of in-depth contents and results of the inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat against corruption and negativity within their scope of responsibilities and send them to the Inspectorate of the Government of Vietnam. 

See more details in Circular No. 01/2024/TT-TTCP, which comes into force as of March 5, 2024 and replaces Circular No. 02/2021/TT-TTCP dated March 22, 2021. 

3. Audit quality control forms of State Audit Office of Vietnam  

On March 4, 2024, the Auditor General of the State Audit Office of Vietnam promulgated Decision No. 477/QD-KTNN on the regulation on audit quality control of the State Audit Office of Vietnam. 

Specifically, audit quality control forms of the State Audit Office of Vietnam include: 

- Supervision of audit operations of the Audit Team refers to the inspection and assessment of audit records sent to the Department of Audit Policy and Quality Control and the unit taking charge of the audit according to regulations and inspection and review of notes of the Department of Audit Policy and Quality Control on the electronic audit diary without any direct work with the Inspection Team. 

- Control of the audit quality control of the Head Auditor refers to the inspection and assessment of the implementation of audit quality control of the Head Auditor according to audit quality control regulations, carried out by the Department of Audit Policy and Quality Control under the responsibilities and tasks assigned by the Auditor General of the State Audit Office of Vietnam. 

- Direct audit quality control for the Inspection Team refers to the inspection and assessment of audit operations of the Inspection Team during stages of the audit according to the audit procedure, simultaneously carried out with the audit operations of the Inspection Team. 

- Irregular audit quality control refers to the inspection and assessment of the quality of audit operations not subject to the annual plan for audit quality control, carried out according to the requirements for management and administration of audit operations of the Auditor General of the State Audit Office of Vietnam or the Head Auditor. 

- Documentation control after the issuance of audit reports refers to the inspection and assessment of compliance with regulations of the State Audit Office of Vietnam regarding audit records and audit quality control records by stages of the audit until audit reports are issued. 

See more details in Decision No. 477/QD-KTNN, which comes into force as of March 4, 2024 and replaces Decision No. 1694/QD-KTNN dated November 27, 2020. 

4. Vietnam’s 2 new administrative procedures in investor selection bidding  

On March 5, 2024, the Minister of Planning and Investment of Vietnam promulgated Decision No. 261/QD-BKHDT on disclosure of new administrative procedures in investor selection bidding under the management of the Ministry of Planning and Investment of Vietnam. 

According to the Decision, 2 new administrative procedures in investor selection bidding include: 

- Procedure for disclosing business investment projects not subject to investment guideline approval proposed by investors (central-level administrative procedure).  

- Procedure for disclosing business investment projects not subject to investment guideline approval proposed by investors (provincial-level administrative procedure).  

See more details in Decision No. 261/QD-BKHDT, effective as of March 5, 2024. 

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