Notable documents of Vietnam in the previous week (from November 7 to November 13, 2022)

1. Vietnam to add additional pay grades for officials in the banking sector from January 1, 2023

Circular No. 14/2022/TT-NHNN dated October 31, 2022 stipulates the professional codes, standards, and salary classification of pay grades for officials in the banking sector.
 
Circular No. 14/2022/TT-NHNN has added additional pay grades for officials who are cashiers and treasury staff.

This is the professional official in the banking sector that performs the tasks serving the treasury work, allocated at job positions at units affiliated to the State Bank of Vietnam.
 
Specifically, regulations on standards of professional capacity for pay grades for cashiers and treasury staff are as follows:
 
+ Thoroughly understand regulations and policies on the management of cash and management of warehouses and funds of the State Bank of Vietnam;
 
+ Thoroughly understand the regulations of the State Bank of Vietnam on exchanging money that is torn, damaged, or unqualified for circulation;
 
+ Be proficient in classifying money, distinguishing real money and fake money; thoroughly understand professional regulations, processes of money review, count, packaging, delivery, procedures for collecting and spending cash, and preservation of cash;
 
+ Be able to instruct customers to comply with procedures for receiving and paying money at the bank;
 
+ Be proficient in using the money counter and other supporting tools.
 
See more details in Circular No. 14/2022/TT-NHNN, which comes into force as of January 1, 2023 and replaces Circular No. 12/2019/TT-NHNN.
 
2. Vietnam to promulgate the ethical code of the profession of Bailiff
 
On November 1, 2022, the Ministry of Justice promulgated Circular No. 08/2022/TT-BTP on the ethical code of the profession of Bailiff.
 
According to the Circular, individuals who work as Bailiffs shall comply with the following general ethical code of the profession of Bailiff:
 
- Protection of the benefits of the State and legal rights and benefits of individuals and organizations in society:
 
Bailiffs are obligated to be loyal and to serve the Fatherland and the People; contribute to the assurance of the strictness and fairness of the law via their professional operations; protect the benefits of the State and legal rights and benefits of organizations and individuals.
 
- Assurance of conformity with the law, independence, objectivity, and respect for the truth:
 
+ Bailiffs shall ensure conformity with the Constitution and the law and voluntarily comply with this Code during professional practice.
 
+ Bailiffs shall perform assigned tasks correctly and adequately, take responsibility, have an independent, objective, honest attitude, and respect the truth.
 
- Respect and protection of professional reputation:  
 
+ Bailiffs shall respect and preserve the professional reputation.
 
+ Bailiffs shall behave in a civilized and polite manner during professional practice and be healthy regarding their lifestyle to receive the respect, trust, and honor of colleagues, requesting persons, and society regarding themselves and their profession.
 
+ Bailiffs shall wear the stipulated uniform and equip Bailiff Cards when practicing.
 
- Training and cultivation:
 
+ Bailiffs shall constantly train and cultivate morality; actively participate in training and advanced training and proactively study to learn to hone professional qualifications and practice skills, contributing to the improvement of work quality and services to requesting persons.
 
+ Bailiffs shall be dedicated to their work and ready to receive and promptly and adequately settle legal requests of organizations and individuals, ensuring compliance with the law and consistent with social ethics.
 
- Information confidentiality and preservation of work documents:
 
+ Bailiffs shall protect the confidentiality and instruct the professional secretaries and employees of their Office to protect the confidentiality of information in work documents and all information on work contents during and after the settlement of requests. In the case of providing information on the implementation of work for other people, there must be written consent from the requesting person unless the law prescribes it differently.
 
+ Bailiffs shall carefully preserve work documents while settling requests and adequately hand over work documents for storage as prescribed by law.
 
Circular No. 08/2022/TT-BTP comes into force as of December 22, 2022.
 
3. New regulations of Vietnam on 3 criteria for classifying public service providers in the judiciary branch
 
On November 1, 2022, the Minister of Justice of Vietnam promulgated Circular No. 07/2022/TT-BTP on classification criteria and conditions for the establishment, merger, consolidation, and dissolution of public service providers in the judiciary branch.
 
According to the Circular, public service providers in the judiciary branch are classified based on the following 3 criteria:
 
 (1) Classification based on functions and tasks
 
- Public service providers serving the state management;    
 
- Public service providers providing public services;
 
- Public service providers serving the state management and providing public services;
 
 (2) Classification according to agencies competent to decide on the establishment
 
- Public service providers established under the jurisdiction of the Government of Vietnam.
 
- Public service providers established under the jurisdiction of the Minister of Justice of Vietnam.
 
- Public service providers established under the jurisdiction of People’s Committees of provinces.
 
- Public service providers established by other entities as prescribed by law.  
 
 (3) Classification based on the level of financial autonomy
 
- Public service providers that cover their recurrent expenditures and expenditures on investment;
 
- Public service providers that cover their recurrent expenditures;
 
- Public service providers that cover parts of their recurrent expenditures;
 
- Public service providers with their recurrent expenditures covered by the state budget.
 
Circular No. 07/2022/TT-BTP comes into force as of December 19, 2022.
 
4. Vietnam to determine the scope of areas at air border gates
 
On November 7, 2022, the Government of Vietnam promulgated Decree No. 93/2022/ND-CP on management and assurance of order and security at air border gates.
 
According to the Decree, the scope of areas at air border gates is determined as follows:
 
- The passenger terminal area: the area for conducting procedures for entry, exit, and transit of people and transportation vehicles; the area for conducting customs procedures; baggage carousel area; storage area for goods, checked baggage, and lost baggage
 
- The terminal area for import, export, and transit of goods; warehouse of goods for export; warehouse of goods for import;
 
- The airport apron: the area for aircraft to enter, exit, and transit; the area for loading, unloading, and transshipment, the storage area for exported, imported, and transited goods;
 
- Other areas related to the activities of entry, exit, and transit of people; import, export, and transit of goods and transportation vehicles in cases of authorized international flights to destinations other than airports.
 
The scope of the airside area in air border gates is from the exit control podium to the door of the aircraft and from the door of the aircraft to the entry control podium.
 
In case the aircraft park at the airport apron, the space inside the passenger transport vehicle, from the departure gate to the gate of the exiting aircraft and from the boarding gate of the entering aircraft to the entrance to the immigration control area, is considered to be the airside area.
 
The scope of the mentioned areas in air border gates shall have clear boundaries and have signs installed according to the form prescribed in the Appendix promulgated with Decree No. 93/2022/ND-CP.
 
Decree No. 93/2022/ND-CP comes into force as of December 22, 2022.

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