Notable documents of Vietnam in the previous week (from August 12 to August 18, 2024)

1. Addition to list of job positions of officials with general expertise in Vietnam

On June 28, 2024, the Minister of Home Affairs of Vietnam promulgated Circular No. 06/2024/TT-BNV on amendments to Circular No. 12/2022/TT-BNV on guidelines on job positions of officials that are leaders, managers; job positions of officials with general expertise; job positions that provide support and services in administrative agencies, organizations, and job positions of general expertise titles and job positions that provide support and services in public service providers.

According to the Circular, the list of job positions of officials of general expertise prescribed in Appendix II includes:

(1) Inspection; 

(2) International cooperation; 

(3) Legislation (regarding job positions that prevent and settle international investment disputes generally used with job positions of professional officials in the legal sector);

(4) Personnel and organization (apparatus organization and personnel management), emulation and commendation, and administrative reform; 

(5) Office work; 

(6) Planning and finance. 

(7) Information technology and information safety (new) 

Regulations on the list of job positions prescribed in (1) and (4) are generally used with job positions of professional officials in home affairs and inspection.

See more details in Circular No. 06/2024/TT-BNV, effective as of August 20, 2024. 

2. Compulsory identification update for online securities transactions in Vietnam from October 1, 2024

On July 19, 2024, the State Securities Commission promulgated Official Dispatch No. 4501/UBCK-CNTT 2024 on reviewing and standardizing data on investors and securities practice persons according to Scheme No. 06/CP.

According to the Official Dispatch, the State Securities Commission requests relevant units to implement specific content regarding the standardization of the data of individual investors. 

Specifically, regarding investors incurring transactions that refuse to cooperate on information standardization, units shall proactively adopt measures to limit the provision of services in compliance with current regulations to promote the standardization of investors’ data following the directives of the Government of Vietnam and the Ministry of Finance of Vietnam. 

From October 1, 2024, to ensure the principles of electronic transactions on securities markets according to Article 4 of Circular No. 134/2017/TT-BTC, units shall only provide online securities transaction services for accounts with investors’ information matching the information from the national database on population/system of electronic identification and authentication/chip-based identity cards/identification. Regarding cases of refusal of cooperation in information update and standardization, units shall request investors to carry out in-person securities transactions at counters and continue to adopt measures to standardize information and data when investors come to stalls for in-person transactions. 

Units shall proactively cooperate with C06 and relevant units in authenticating and standardizing investors’ information and data and adopting appropriate technical solutions and technologies during the implementation. 

See more details in Official Dispatch No. 4501/UBCK-CNTT, promulgated on July 19, 2024. 

3. Vietnam’s standards of award of “For the Procuracy Cause” Commemorative Medals from October 1, 2024 

On August 12, 2024, the Prosecutor-General of the Supreme People’s Procuracy of Vietnam promulgated Circular No. 02/2024/TT-VKSNDTC on the emulation and commendation work in People’s Procuracy Authorities.

According to the Circular, the standards of the award of the “For the Procuracy Cause” Commemorative Medals are as follows: 

- Regarding individuals working in the system of People’s Procuracy Authorities:

+ Working consecutively for at least 15 years, having good moral qualities, and successfully fulfilling assigned tasks. In case of continuation of work after secondment or appointment for learning or participation in military services, the time of secondment or appointment for learning or participation in military services shall be considered working time for consideration for the award of Commemorative Medals.  In case of receiving disciplinary actions from the level of reprimand or more while working, the time of complying with the disciplinary actions shall not be considered for the award of Commemorative Medals; 

+ In case of having done legal work in another profession before transferring to the system of People’s Procuracy Authorities, the legal work time in the other profession shall be included in the time for consideration for the award of Commemorative Medals, but the working time in the system of People’s Procuracy Authorities must be at least 5 years; 

+ Having 8 consecutive years of holding positions of leaders or managers of at least department-level and equivalents in units of the system of People’s Procuracy Authorities; 

+ Cases not requiring the calculation of working seniority during consideration for the award of Commemorative Medals: Leaders of the Supreme People’s Procuracy of Vietnam; individuals awarded with “Labor Hero” Titles or Labor Medals of any class. 

- Regarding individuals outside of the system of People’s Procuracy Authorities: having achievements concerning contributions to the construction and development of People’s Procuracy Authorities and being recommended by relevant Emulation-Commendation Councils. 

See more details in Circular No. 02/2024/TT-VKSNDTC, effective as of October 1, 2024. 

4. Guidelines on subjects eligible for amnesty in Vietnam in 2024 

On August 12, 2024, the Supreme People’s Court of Vietnam promulgated Guidance No. 246/TANDTC-V1 on the implementation of Decision No. 758/2024/QD-CTN of the President of Vietnam on amnesty in 2024 for people whose prison sentences are suspended and special cases of people whose prison sentences are suspended ineligible for requesting amnesty or people whose prison sentences are deferred. 

According to the Guidance, subjects eligible for amnesty include: 

- Subjects recommended for amnesty under Article 2 of Decision No.  758/2024/QD-CTN dated July 30, 2024 of the President of Vietnam on amnesty shall be people whose prison sentences are suspended satisfying the following conditions: 

+ Being people subject to competent Courts’ decisions on suspension of prison sentences under Article 68 of the Criminal Code 2015 (or Article 62 of the Criminal Code 1999).

+ Being people eligible for suspension of prison sentences with specific residential areas (confirmed by People’s Committees of communes where such people reside or military units managing sentenced people). 

+ Competent Courts’ decisions on suspension of prison sentences for sentenced people are still effective by September 30, 2024. 

- Subjects considered for amnesty in special cases according to Article 5 of Decision No. 758/2024/QD-CTN dated July 30, 2024 of the President of Vietnam on amnesty are people whose prison sentences are suspended ineligible for requesting amnesty (according to Clause 2 Article 3 of Decision No. 758/2024/QD-CTN dated July 30, 2024 of the President of Vietnam on amnesty) or people whose prison sentences are deferred requesting for domestic or foreign affairs in one of the following cases: 

+ Documents notifying the feedback of the President of Vietnam on requests for amnesty; 

+ Documents from foreign Diplomatic Representative Commissions or international organizations requesting amnesty;

+ Documents from ministries, ministerial agencies, central CPV departments, or the Central Committee of the Vietnamese Fatherland Front requesting amnesty. 

See more details in Guidance No. 246/TANDTC-V1, promulgated on August 12, 2024. 

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