Notable documents of Vietnam in the previous week (from September 18 to September 24, 2023)

1. Cases of imposition of reprimands on officials from September 20, 2023 in Vietnam

On September 20, 2023, the Government of Vietnam promulgated Decree No. 71/2023/ND-CP on amendments to Decree No. 112/2020/ND-CP on disciplining officials and public employees.

According to the Decree, from September 20, 2023, reprimands shall apply to officials subject to first-time violations causing less serious consequences, except for the violations prescribed in Clause 3 Article 9 of Decree No. 112/2020/ND-CP, which are subject to the following cases:

- Violating regulations on ethics and communication culture of officials; laws’ regulations on fulfillment of responsibilities and tasks of officials; labor discipline; internal regulations of agencies, organizations, and units;

- Taking advantage of working positions for personal profits; having a bossy or authoritative attitude or causing difficulties for agencies, organizations, units, or individuals during official duties; confirming or issuing legal documents to ineligible persons;

- Avoiding, pushing, not fulfilling or improperly and inadequately fulfilling responsibilities and tasks according to laws or internal regulations of agencies, organizations, and units or tasks assigned by competent authorities without legitimate reasons; deliberately not complying with decisions on mobilization or task assignment of competent authorities; causing disunity in agencies, organizations, and units;

- Violating laws on prevention and combat against criminals; prevention and combat against social evils; social safety and order; prevention and combat against corruption; thrift practice and waste prevention;

- Violating state secret protection laws;

- Violating complaint and denunciation laws;

- Violating democratic centralism, regulations on dissemination and speech, and regulations on protection of internal politics;

- Violating laws on investment, construction, land, natural resources, finance, accounting, banking, and management and use of public assets during official duties;

- Violating laws on prevention and combat against domestic violence; population, marriage, and family; gender equality; other regulations of the CPV and laws concerning officials.

Decree No. 71/2023/ND-CP comes into force as of September 20, 2023.

2. Vietnam to amend applications for renewal of work permits from September 18, 2023

On September 18, 2023, the Government of Vietnam promulgated Decree No. 70/2023/ND-CP on amendments to Decree No. 152/2020/ND-CP on foreign workers in Vietnam.

Specifically, an application for renewal of a work permit from September 18, 2023 will include the following components:

 (i) A written document requesting the renewal of the work permit of the employer according to Form No. 11/PLI of Appendix I promulgated together with Decree No. 152/2020/ND-CP.

 (ii) 2 color photos (sized 4 cm x 6 cm, white background, straight face, bare head, and no colored glasses), photos shall be taken within 6 months prior to the submission date.

 (iii) The unexpired work permit.

 (iv) An acceptance of demand for foreign workers (unless it is not required).

 (v) Certified copies of passport or copies of passport with unexpired confirmation of the employer according to laws.

 (Previously, certified copies of the unexpired passport according to laws were required)

 (vi) Health certificate or health checkup paper as prescribed in Clause 2 Article 9 of Decree No. 152/2020/ND-CP.

 (vii) One of the documents prescribed in Clause 8 Article 9 of Decree No. 152/2020/ND-CP proving that the foreign worker continues to work for the employer in compliance with the issued work permit, except for the case prescribed in Point a Clause 1 Article 2 of Decree No. 152/2020/ND-CP.

 (Previously, the requirement for one of the documents prescribed in Clause 8 Article 9 of Decree No. 152/2020/ND-CP proving that the foreign worker continues to work for the employer in compliance with the issued work permit was mandatory.)

 (viii) Documents prescribed in (iii), (iv), (vi), and (vii) must be an original or certified copy. Regarding foreign documents, they must be subject to consular legalization and translated into Vietnamese except for cases of exemption from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or according to the reciprocity principle or laws.

Decree No. 70/2023/ND-CP comes into force as of September 18, 2023.

3. 3 cases of dissolution of inter-sectoral cooperative organizations under jurisdiction of Prime Minister of Vietnam

On September 18, 2023, the Prime Minister of Vietnam promulgated Decision No. 23/2023/QD-TTg on the establishment, organization, and operation of inter-sectoral cooperative organizations.

According to the Decision, an inter-sectoral cooperative organization under the jurisdiction of the Prime Minister of Vietnam will be dissolved in the following cases:

 (1) It is dissolved according to the time limit prescribed in the establishment decision (in case of determined operational time).

 (2) It is dissolved after completing the tasks prescribed in the establishment decision (in case the operational time is determined based on the assigned task).

 (3) It is dissolved due to inactivity or inefficient operations or completion of tasks (in case of undefined operational time).

See more details in Decision No. 23/2023/QD-TTg, which comes into force as of December 10, 2023 and replaces Decision No. 34/2007/QD-TTg dated March 12, 2007.

4. Enterprises with 50% reduction of employees permitted to defer trade-union fee payment until December 31, 2023 in Vietnam

On August 31, 2023, the Vietnam General Confederation of Labor promulgated Decision No. 7823/QD-TLD dated August 31, 2023 on deferral of trade-union fee payment for enterprises with order decline.

Specifically, the Vietnam General Confederation of Labor agrees to permit enterprises with a reduction of at least 50% of their workers contributing to social insurance compared to January 1, 2023 (including workers subject to furloughs, suspension of labor contracts, unpaid leave agreements) due to order decline to defer their trade-union fee payment until December 31, 2023; while

Assigning Standing Committees of Labor Confederations of provinces and cities; Trade Unions of Central Authorities and equivalences; Trade Unions of Corporations affiliated to the General Confederation to assess, identify, and take responsibility for issuing decisions to permit enterprises with order decline to defer their trade-union fee payment until December 31, 2023, and report the implementation of this Decision to the General Confederation (through the Financial Committee) before January 31, 2024.

Decision No. 7823/QD-TLD comes into force as of its date of signing.

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