Notable documents of Vietnam in the previous week (from September 11 to September 17, 2023)

Vietnam to adopt 4 administrative procedures in vehicle inspection 

On September 8, 2023, the Minister of Transport of Vietnam promulgated Decision No. 1137/QD-BGTVT on disclosure of new administrative procedures in vehicle inspection under the management of the Ministry of Transport of Vietnam.  

According to the Decision, 4 new administrative procedures in vehicle inspection under the management of the Ministry of Transport of Vietnam include:

- Issuance of Certificates of Technical Safety and Environmental Safety of imported motor vehicles.

- Issuance of Notifications of Exemption from Inspection of Technical Safety and Environmental Safety of imported parts.

- Re-issuance of Certificates of Technical Safety and Environmental Safety of imported motor vehicles.

- Re-issuance of Notifications of Exemption from Inspection of Technical Safety and Environmental Safety of imported parts.

See more details in Decision No. 1137/QD-BGTVT, effective as of October 1, 2023.

Vietnam to integrate and synchronize data on driving licenses for traffic fine payment on VneID app

On September 10, 2023, the Government of Vietnam promulgated Resolution No. 144/NQ-CP on the periodic meeting of the Government of Vietnam in Agusut 2023.

According to the Resolution, the Government of Vietnam requests the Ministry of Transport of Vietnam to take charge and cooperate with central and local authorities in:

- Accelerating the progress of strategic and important national traffic projects and works and inter-regional projects; cooperating with the Ministry of Natural Resources and Environment of Vietnam, other ministries, and central and local authorities in ensuring the supply of building materials for focal and important national projects; cooperating with ministries and central and local authorities in focusing on reviewing and investing in the completion of collector roads and connection intersections to promote the efficiency of expressways put into operations. Urgently developing a set of standards of expressways for presentation to the competent authority for promulgation in October 2023.

- Studying the integration and synchronization of data on driving licenses for traffic fine payment on VNeID; studying the collection of traffic fines under the jurisdiction of traffic inspectorates on VneID app.

See more details in Resolution No. 144/NQ-CP dated September 10, 2023. 

Additional conditions for appointing managers of state-owned enterprises in Vietnam

On September 14, 2023, the Government of Vietnam promulgated Decree No. 69/2023/ND-CP on amendments to Decree No. 159/2020/ND-CP on the management of holders of titles and positions and representatives of the state capital at enterprises.

According to the Decree, additional conditions for appointing managers of state-owned enterprises are as follows:  

- Ensure that the general standards and conditions comply with the regulations of the CPV and the State and that specific conditions and standards of the appointed titles or positions comply with the regulations of competent authorities.

- To be appointed to specific titles and/or positions, intramural personnel need to be included in the planning for appointment to such titles and/or positions or the plan for appointment to the equivalences.  To be appointed to specific titles and/or positions, personnel from other sources need to be included in the planning for appointment to such titles, positions, or equivalences. Special cases shall be considered and decided by competent authorities.

In case newly established enterprises have yet to approve the planning, competent authorities shall consider and decision on such planning.

- Have personal records and declarations of assets and income according to regulations.

- Appointment age:

+ Personnel recommended for first-time appointment to the positions of leaders or managers or request to be appointed to the positions of leaders or managers of a higher rank must satisfy the regulation on age to serve the whole appointed term of office. The calculation of the appointment age shall comply with the regulations of competent authorities.

Special cases shall be considered and decided by competent authorities.

+ Personnel mobilized or appointed to positions equivalent to or lower than their current positions shall not be subject to appointment age calculation as prescribed in Point a of this Clause.

- Have adequate health to complete assigned tasks.

- Not subject to cases banned from holding positions as prescribed by laws.

- Not being under a disciplinary period, being investigated, prosecuted, or trialed. If enterprises are under inspection periods imposed by competent authorities, competent authorities shall consult with the inspection authorities regarding the personnel recommended for appointment before issuing any decision.

- Have held the current positions or equivalences for at least 2 years (24 months). If the total time of service is not consecutive, it may be cumulative (cumulation only applies to the time of holding the equivalent positions).  Special cases shall be considered and decided by competent authorities.

- Managers who are disciplined during their work term shall not be appointed or recommended to higher positions within the period imposed by competent authorities.

See more details in Decree No. 69/2023/ND-CP, effective as of September 14, 2023.

Vietnam to prevent abuse and profiteering of unemployment insurance funds

On September 14, 2023, Vietnam Social Security promulgated Official Dispatch No. 2853/BHXH-TTKT on strengthening the leadership for the implementation of laws and prevention and combat against fraud and profiteering of social insurance, unemployment insurance, and health insurance funds.

According to the Official Dispatch, social insurance authorities have promptly detected and handled acts of abuse and profiteering of unemployment insurance funds specifically as follows:

- Workers who are employed (with official labor contracts) during the period of unemployment benefits avoid making any declaration to the Job Center. In this case, investigate the period of social insurance contribution with received unemployment benefits to collect arrears.

- Workers are employed during the period of unemployment benefits without notifying the Job Center and collude with employers in postponing the notification of the increase of social insurance contributions.

In response to this, Vietnam Social Security has intensified actions against abuse and profiteering of unemployment insurance funds; regularly grasps the situations and issues documents directing and guiding local social insurance authorities to cooperate with concerned Departments, Committees, and Authorities in promptly providing information to prevent the abuse of unemployment insurance funds; and

Increase the cooperation with inspection authorities for timely handling of violations.

See more details in Official Dispatch No. 2853/BHXH-TTKT, promulgated on September 14, 2023.

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