Notable documents of Vietnam in the previous week (from September 4 to September 10, 2023)

Notable documents of Vietnam in the previous week (from September 4 to September 10, 2023)
Lê Trương Quốc Đạt

Tasks of traffic police officers during the inspection week; cases where insurers may refuse to sell compulsory insurance; etc., are notable contents that will be covered in this bulletin.

1. Tasks of traffic police officers during the inspection week in Vietnam

On August 1, 2023, the Minister of Public Security of Vietnam promulgated Circular No. 32/2023/TT-BCA on tasks, entitlements, forms, contents, and procedures for patrolling, inspecting, and handling administrative violations of road traffic of the Traffic Police.

According to the Circular, the tasks of traffic police officers during a patrol or inspection are as follows:

- Comply with laws and orders or plans for patrol, inspection, and handling of violations promulgated by competent authorities.

- Patrol, inspect, and handle violations to ensure road traffic safety and order within the scope of the assigned route or area.

- Promptly detect, prevent, and handle violations of road traffic and other law violations under regulations; cooperate with road traffic authorities in detecting and preventing violations against regulations on protection of road works and safety corridors.

- Investigate and resolve traffic accidents under regulations of laws and the Ministry of Public Security of Vietnam.

- Take charge or cooperate with units inside or outside the People's Public Security Force in preventing and combating criminals and law violation acts on road traffic routes. Participate in the prevention and combat against terrorism, rioting protests, epidemics, natural disasters, and fire; rescue on road traffic routes as per regulation.

- Through the patrol, inspection, and handling of violations, traffic police officers shall:

+ Detect loopholes, deficiencies, and inadequacies in the state management of security, order, and road traffic to submit reports or proposals to competent authorities for timely remedial measures;

+ Guide, disseminate, and mobilize people to ensure road traffic safety and order and comply with road traffic laws.

- Perform other tasks of the People’s Public Security Force as prescribed by laws.

See more details in Circular No. 32/2023/TT-BCA, which comes into force as of September 15, 2023 and replaces Circular No. 65/2020/TT-BCA.

2. Cases where insurers may refuse to sell compulsory insurance in Vietnam

On September 6, 2023, the Government of Vietnam promulgated Decree No. 67/2023/ND-CP on compulsory civil liability insurance of motor vehicle users, compulsory fire and explosion insurance, and compulsory insurance for construction investment activities.

According to the Decree, an insurer may refuse to sell compulsory insurance in the following cases:

- Regarding compulsory civil liability insurance of motor vehicle users:

End-of-life motor vehicles as prescribed by law.

- Regarding compulsory fire and explosion insurance:

+ A facility facing fire hazard that has not undergone fire safety inspection according to laws.

+ A facility facing fire hazard that does not have a record on fire safety inspection issued by a competent public security authority or has a record which expires 1 year from the date on which the compulsory fire and explosion insurance is purchased.

+ A facility facing fire hazard that is temporarily suspended or suspended due to violations of fire safety regulations.

- Regarding compulsory insurance for construction investment activities:

A policyholder failing to fully satisfy requirements for construction prescribed in the Law on Construction and its guiding documents.

See more details in Decree No. 67/2023/ND-CP which comes into force as of September 6, 2023 and replaces Decree No. 03/2021 /ND-CP, Decree No. 23/2018/ND-CP, and Decree No. 119/2015/ND-CP.

3. Cases of exemption from fees for registration and license plate issuance of motor vehicles from October 22, 2023 in Vietnam

On September 7, 2023, the Minister of Finance of Vietnam promulgated Circular No. 60/2023/TT-BTC on fees for registration and license plate issuance of road motor vehicles, collection, payment, exemption, and management thereof.

According to the Circular, cases of exemption from fees for registration and license plate issuance of motor vehicles are as follows:

- Diplomatic missions, consular offices, and representative agencies of United Nations’ international organizations.

- Diplomatic officials, consular officials, administrative and technical employees of diplomatic missions and foreign consular offices, members of United Nations’ international organizations, and their family members who do not hold Vietnamese citizenship or permanent residency but have a diplomatic, official, or consular identity card issued by Ministry of Foreign Affairs of Vietnam or local foreign affairs authorities (authorized by the Ministry of Foreign Affairs of Vietnam).

In this case, when registering for the issuance of a certificate and/or a license plate of a motor vehicle, the registrant shall present a diplomatic, official, or consular identity card to the registration authority under the regulations of the Ministry of Foreign Affairs of Vietnam.

- Other foreign organizations and individuals (representative agencies of inter-governmental international organizations outside the United Nations system, representative agencies or non-governmental agencies, delegations of international organizations, and members of other agencies and organizations) that are not prescribed in Clause 1 and Clause 2 Article 6 of Circular No. 60/2023/TT-BTC but are exempted from paying fees for issuance of registration certificates and/or license plates of motor vehicles under international commitments and/or treaties that the Socialist Republic of Vietnam is a signatory or international agreements between Vietnam and foreign parties.

In this case, organizations and individuals shall provide for the registering authority: photos of international commitments, international treaties, or international agreements.

- Specialized tricycles for the disabled.

See more details in Circular No. 60/2023/TT-BTC, which comes into force as of October 22, 2023 and annuls Circular No. 229/2016/TT-BTC and Article 4 of Circular No. 43/2023/TT-BTC.

4. Vietnam’s first-time military service registration procedure

On August 29, 2023, the Minister of National Defense of Vietnam promulgated Decision No. 4089/QD-BQP 2023 on disclosure of amended administrative procedures in military service, which contains the procedure for first-time military service registration:

- Step 1: 10 days before the military service registration day, the commune-level Military Commanding Committee shall transfer the Military Service Registration Order to the citizens.  If an organization or agency does not have a Military Commanding Committee, the head or legal representative of such an organization/agency shall transfer the Military Service Registration Order to the citizens.

- Step 2: After receiving the Military Service Registration Order from the Commander of the Military Commanding Committee of the commune, district, district-level town, district-level city, or equivalent administrative division (hereinafter referred to as the "Commander of the district-level Military Commanding Committee"), the citizens shall come to the Military Commanding Committee of the commune, ward, town, agency, or organization (hereinafter referred to as the "commune-level Military Commanding Committee") to register military service in person.

- Step 3: Within 1 working day, the commune-level Military Commanding Committee shall compare the provided information with the original identity documents, cards, or birth certificates; and  
Instruct the citizens to prepare the military health self-declaration sheets, register necessary information to the list of male citizens from 17 years old in the year and the registration notebook of citizens ready to be enlisted, and transfer the certificates of military service registration to the citizens immediately after their registration.

See more details in Decision No. 4089/QD-BQP, effective as of August 29, 2023.

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