Notable documents of Vietnam in the previous week (from October 2 to October 8, 2023)

1. Forms of encouragement for dynamic and creative officials in Vietnam

On September 29, 2023, the Government of Vietnam promulgated Decree No. 73/2023/ND-CP on encouraging dynamic, creative, daring, and responsible officials for common interests.

According to the Decree, forms of encouragement for dynamic and creative officials include:

- Being commended and praised in front of the collective of agencies and units; being commended according to emulation and commendation laws regarding proposals considered complete;  

- Being used as the basis for assessment before classification, appointment, re-appointment, planning, mobilization, transfer by prioritized layout, and use of officials with innovative thinking and creative and highly effective methods;  

- Being assessed as having outstanding achievements in official work for consideration for raising pay grades for officials; being considered for wage promotion before the 12-month time limit according to laws regarding innovative and creative proposals considered complete;

- Being encouraged by other forms in compliance with the regulations of the CPV and laws of the State.

See more details in Decree No. 73/2023/ND-CP, which comes into force as of September 29, 2023.

2. Vietnam’s 7 new precedents

On October 1, 2023, the Chief Justice of the Supreme People's Court of Vietnam promulgated Decision No. 364/QD-CA on disclosure of precedents.

According to the Decision, 7 new precedents approved by the Council of Justice of the Supreme People's Court of Vietnam are as follows:

- Precedent No. 64/2023/AL on the determination of punishments and “organized” aggravating factors in the crime of “kidnapping for ransom”

- Precedent No. 65/2023/AL on criminal prosecution for the crime of "human trafficking".

- Precedent No. 66/2023/AL on the determination of the crime of “human trafficking”

- Precedent No. 67/2023/Al on beneficiaries in kind during the distribution of common property.

- Precedent No. 68/2023 on rights to receive inheritances in kind that are houses of Vietnamese heirs residing abroad.

- Precedent No. 69/2023/AL on the competence of commercial arbitration in the settlement of disputes over information confidentiality and non-compete agreements.

- Precedent No. 70/2023/AL on the termination of labor contracts for workers who are part-time union officials.

See more details in Decision No. 364/QD-CA, which comes into force as of its date of signing.

3. Supreme People's Court of Vietnam’s answers to 42 difficulties in trials

On October 3, 2023, the Supreme People’s Court of Vietnam promulgated Official Dispatch No. 196/TANDTC-PC notified the results of the online question and answer session for 42 difficulties in trials, including:

- 9 difficulties in trials for criminal matters and criminal procedures;

- 1 difficulty in criminal judgment enforcement trials;

- 16 difficulties in trials for civil matters, civil procedures, business and commerce, and marriage and family;

- 7 difficulties in trials for administrative matters;

- 9 difficulties in trials for mediation and conversation at courts.

See more details in Official Dispatch No. 196/TANDTC-PC, promulgated on October 3, 2023.

4. Cases of ineligibility for registering probationary authentication in Vietnam

On October 2, 2023, the Minister of Justice of Vietnam promulgated Circular No. 08/2023/TT-BTP guiding the probationary authentication.

According to the Circular, persons that fall into one of the following cases shall not be eligible for registering probationary authentication:

- Persons who are criminally prosecuted or convicted by legally effective judgments of courts for unintentional crimes that have yet to spend such convictions or for intentional crimes;

- Persons subject to administrative handling measures according to administrative violation handling laws;

- Persons who are incapacitated or have limited legal capacity or difficulties in cognition and behavior control;  

- Persons who are officials, public employees (excluding public employees working in Authentication Offices), professional commissioned officers, non-commissioned officers, and soldiers and national defense employees in agencies and units under the People's Army; commissioned officers, non-commissioned officers, and workers in agencies and units under the People's Public Security Force;

- Officials subject to disciplinary dismissal, officials or public employees subject to forced resignation as disciplinary actions or professional commissioned officers, soldiers, and workers and public employees in agencies and units under the People's Army, and commissioned officers, non-commissioned officers, workers, and public employees in units under the People's Public Security Force that are stripped of military titles, People's Public Security titles or removed from the authority as disciplinary actions;   

- Persons working under labor contracts for agencies, organizations, and enterprises, excluding cases of persons working under labor contracts for authentication organizations where such persons are on probation, or the information in the labor contracts with agencies, organizations, and enterprises does not overlap the working day and hour of the authentication organizations accepting probationers.   

See more details in Circular No. 08/2023/TT-BTP, which comes into force as of November 20, 2023 and replaces Circular No. 04/2015/TT-BTP.

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