Notable documents of Vietnam in the previous week (from November 13 to November 19, 2023)

Vietnam’s regulation on rest hours of employees in petroleum exploration and extraction at sea

On November 8, 2023, the Minister of Industry and Trade of Vietnam promulgated Circular No. 20/2023/TT-BCT on working hours and rest hours applicable to employees engaging in special jobs in the field of petroleum exploration and extraction at sea. 

According to the Circular, the regulation on rest hours of employees in petroleum exploration and extraction at sea is as follows: 

- After each shift, employees shall be provided with at least 10 consecutive hours of rest before their next shift. 

- Employers shall provide employees with rest periods included in the official working hours, with a total rest period of at least 60 minutes, ensuring the requirements for 30 consecutive minutes of rest periods or 45 consecutive minutes of rest periods for night shifts.

- In addition to rest hours during working shifts, after each working session, full-time employees shall be arranged to have a continuous rest with the number of days equal to the number of days in the previous working session.

- Part-time employees shall be arranged to have rest in conformity with the situation of their work, specifically as follows: 

+ Employees working on petroleum works at sea on weekdays: 1 working day at sea shall be compensated with a rest period of half a working day; 

+ Employees working on petroleum works at sea on weekly holidays: 1 working day at sea shall be compensated with a rest period of a working day; 

+ Employees working on petroleum works at sea on public holidays: 1 working day at sea shall be compensated with a rest period of 2 working days; 

See more details in Circular No. 20/2023/TT-BCT, which comes into force as of December 25, 2023 and replaces Circular No. 24/2015/TT-BCT.

Vietnam’s regulation on the number of students/classes by region 

On October 30, 2023, the Minister of Education and Training of Vietnam promulgated Circular No. 20/2023/TT-BGDDT guiding job positions, structure of public employees by professional titles, and the standard number of employees in general education institutions and public specialized schools.

According to the Circular, regulation on the number of students/classes by region used as the ground to assign or approve the number of employees of general education institutions is as follows:

- Region 1: Averagely 25 students per class for primary schools; averagely 35 students per class for lower secondary schools and high schools;

- Region 2: Averagely 30 students per class for primary schools; averagely 40 students per class for lower secondary schools and high schools;

- Region 3: Averagely 35 students per class for primary schools; averagely 45 students per class for lower secondary schools and high schools;

- The number of students/classes of ethnic boarding general schools and specialized high schools shall comply with organization and operation regulations. 

See more details in Circular No. 20/2023/TT-BGDDT, which comes into force as of December 16, 2023. Circular No. 16/2017/TT-BGDDT expires as of December 16, 2023, except for regulations on teaching session reduction. 

Cases of compulsory transfer of rights to use protected plant varieties in Vietnam 

On November 15, 2023, the Government of Vietnam promulgated Decree No. 79/2023/ND-CP on elaboration on several Articles and measures to implement the Law on Intellectual Property regarding rights to plant varieties. According to the Decree, cases of compulsory transfer of rights to use protected plant varieties are as follows:

- Plant varieties are used for public purposes, non-commercial purposes, national defense and security, food and nutrition security for the people, or necessary needs of society in case of natural disasters, epidemics, wars, and widespread environmental pollution;

- The person who has the capacity and wishes to use the plant varieties fails to reach an agreement with the plant variety right holder regarding the conclusion of a contract to use such plant varieties after 12 months of negotiations (excluding cases of force majeure) over the reasonable price and commercial conditions;

- The plant variety right holder is considered to commit anti-competitive practices banned by the law on competition. 

See more details in Decree No. 79/2023/ND-CP, effective as of November 15, 2023. 

13 contents of cooperation between Government of Vietnam and Presidium of Central Committee of Vietnamese Fatherland Front

On October 10, 2023, the Government of Vietnam and the Presidium of the Central Committee of the Vietnamese Fatherland Front promulgated Joint Resolution No. 01/2023/NQLT-CP-DCTUBTUMTTQVN on the cooperation between the Government of Vietnam and the Presidium of the Central Committee of the Vietnamese Fatherland Front.

According to the Joint Resolution, the contents of the cooperation between the Government of Vietnam and the Presidium of the Central Committee of the Vietnamese Fatherland Front are as follows:  

- Cooperation and development of the great national unity bloc

- Ethnic and religious work

- Dissemination and mobilization 

- Protection of legitimate and legal rights and benefits of the People 

- Development of policies and laws 

- Election work

- Supervision, social criticism, inspection, and examination 

- Prevention and combat against corruption, waste, and negativity 

- Suggestion and settlement and answer to suggestions of the Presidium of the Central Committee of the Vietnamese Fatherland Front

- People’s foreign affairs

- Exchange of information and joint work 

- Participation in conferences and meetings 

- Promotion of the application of information technology

See more details in Joint Resolution No. 01/2023/NQLT-CP-DCTUBTUMTTQVN comes into force as of October 10, 2023 and replaces Joint Resolution No. 19/2008/NQLT-CP-UBTUMTTQVN.

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