Hanoi-Vietnam: 17 new policies effective in November

1. Computer-based Foreign Language Proficiency Tests

This notable content is mentioned in Circular 23/2017/TT-BGDDT, which promulgates the regulations for foreign language proficiency assessment testing according to the 6-level Foreign Language Proficiency Framework for Vietnam.

Apart from the written exam format, individuals who wish to be assessed for proficiency or receive a certificate according to the 6-level Foreign Language Proficiency Framework for Vietnam can also take the test on a computer.

The components and methods of submitting the application are specifically stipulated in Circular 23/2017/TT-BGDDT, effective from November 15, 2017.

1. New Regulations on Penalties in the Field of Natural Disaster Prevention and Dike Management

Decree 104/2017/ND-CP stipulates penalties for administrative violations in the field of natural disaster prevention and control; exploitation and protection of hydraulic works; and dike management, including some noteworthy contents:

- Fines ranging from 5 million to 10 million VND for failure to actively rescue or promptly inform other forces to rescue people and vehicles in distress on the sea, river, stream, pond, or lake when conditions allow but not taking action.- Fines ranging from 5 million to 10 million VND for misuse, loss of relief aid, and inappropriate allocation of aid.

Decree 104/2017/ND-CP takes effect from November 01, 2017, replacing Decree 139/2013/ND-CP.

1. New Conditions for Selecting Defense Professional Soldiers

Circular 241/2017/TT-BQP clearly states the conditions for selecting defense professional soldiers following the provisions of Clause 3, Article 14 of the Law on Defense Professional Soldiers, Defense Workers and Public Employees, and must also comply with the following regulations:

- The People’s Army has staffing needs.- Currently holding a position designated as that of a professional soldier or a job position designated as a defense worker or a professional title designated as a defense public employee.- Have the appropriate technical expertise, skills for the position of professional soldier, job position of defense worker, or professional title of a defense public employee.

Additionally, Circular 241 also provides details on the application dossier and procedures for selecting professional soldiers, defense workers, and defense public employees.

Detailed information is available here, effective from November 15, 2017.

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1. Safety Requirements for Chemical Plants and Warehouses

Decree 117/2017/ND-CP specifies details and provides guidance on implementing several articles of the Chemical Law. Organizations and individuals engaged in the production and trading of chemicals must comply with the following safety requirements for chemical plants and warehouses:

- The chemical plant and warehouse must meet national technical standards, appropriate to the nature, scale, technology of chemical production and storage.- Installation of ventilation systems, lighting systems, and lightning protection systems that meet the standards as prescribed by law.- There must be an emergency exit, chemical safety regulations, and chemical hazard warnings.- Outdoor storage tanks must ensure that chemicals do not escape into the environment during chemical incidents and must have fire, explosion, and lightning protection measures.- The floor of the chemical plant and warehouse must withstand chemicals and loads, should not be slippery, and have good water collection and drainage channels.- Must meet all conditions for fire, explosion prevention, environmental protection, safety, and occupational health.

Decree 113/2017/ND-CP takes effect from November 25, 2017, replacing Decree 108/2008/ND-CP.

1. Policies for Southern Youth Volunteers

Youth volunteers stationed in the southern region participating in the resistance during the period of 1965 - 1975, if meeting the statutory conditions, will be entitled to the following policies:

- A one-time allowance of up to 3.6 million VND.- A monthly allowance of 540,000 VND/month.- Funeral assistance.- Priority support for production and business loans.

See detailed content in Decree 112/2017/ND-CP regarding policies for southern youth volunteers participating in the resistance during the period of 1965 – 1975, effective from November 20, 2017.

1. New Guidelines on Increased Allowances for Demobilized Soldiers

Circular 242/2017/TT-BQP stipulates that the monthly allowance for the following subjects will be adjusted to increase by 7.44% compared to the monthly allowance in June 2017:

- Soldiers who have retired, demobilized, and are receiving monthly allowances according to Decision 142/2008/QD-TTg and Decision 38/2010/QD-TTg;- Soldiers, persons working in cipher affairs with salaries equivalent to soldiers who have retired, demobilized, and left employment receiving monthly allowances according to Decision 62/2011/QD-TTg.

See specific allowance levels at Circular 242/2017/TT-BQP, effective from November 20, 2017.

1. Issuance of New Bylaws Template for Public Companies

The Ministry of Finance has issued Circular 95/2017/TT-BTC providing guidance on some Articles of Decree 71/2017/ND-CP on corporate governance applied to public companies. Attached to Circular 95 are:

- Appendix No. 01: Public Company Bylaws Template.- Appendix No. 02: Internal Governance Regulations Template for Public Companies.

Public companies can build company bylaws and internal regulations based on the templates mentioned above to ensure compliance with the law.

Circular 95/2017/TT-BTC takes effect from November 06, 2017.

1. Occupational Period Requirement for Medical Practice Instructors

Decree 111/2017/ND-CP stipulates that a person teaching practical medical examinations and treatments must meet the following occupational period requirements:

- At least 36 months for postgraduate training;- At least 24 months for undergraduate training;- At least 12 months for college and intermediate level training.

In addition to the above requirements, a person teaching practical medical examinations and treatments must meet other requirements specified in Decree 111/2017/ND-CP, effective from November 20, 2017.

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1. Conditions for Banks Guaranteeing Future Housing

Circular 13/2017/TT-NHNN stipulates that commercial banks can perform guarantees for future housing if they meet the following conditions:

- The commercial bank’s establishment and operational license or the related amendment documents specify that the bank is allowed to perform guarantee operations.- Not prohibited from performing guarantees on future housing during special control periods.

Circular 13/2017/TT-NHNN takes effect from November 15, 2017, amending and supplementing several regulations on guarantees in the sale and lease purchase of future housing in Circular 07/2015/TT-NHNN.

1. Carry Out Aircraft Exit and Entry Procedures Through National Single Window Mechanism from November 15

This notable content is mentioned in Decision 43/2017/QD-TTg regulating responsibilities for carrying out procedures for aircraft exit, entry, and transit through the national single window mechanism.

Officials responsible for this will carry out aircraft exit and entry procedures by declaring electronic information through the national single window portal. The procedure deadline is regulated as follows:

- For information and electronic documents declared through the National Single Window portal: No more than 01 hour from when the declarant submits complete and valid information and sends electronic documents to the system.- For documents required to be submitted and presented at the airport: Immediately upon the declarant’s submission and presentation of all valid paperwork as prescribed.

The procedure for aircraft exit and entry is specifically stipulated in Decision 43/2017/QD-TTg.

1. New Conditions for College-level Bridge Admission

Circular 27/2017/TT-BLDTBXH stipulates bridge admission at the college level for one of the following groups:

- Those with a vocational secondary diploma in the same industry and a high school diploma or equivalent.- Those with a vocational secondary diploma but no high school diploma must ensure they have studied and passed the required high school knowledge modules as stipulated by the Ministry of Education and Training.- Those with a college or vocational college diploma who wish to pursue another college-level bridge program.

See detailed information here, effective from November 05, 2017.

1. Developing World Heritage Management Plan

The Government of Vietnam has issued Decree 109/2017/ND-CP which provides for the protection and management of the world cultural and natural heritage in Vietnam. Decree 109 states a world heritage management plan must ensure the following main contents:

- Description of the world heritage; current status of protection and management; objectives of the world heritage management plan.- Legal regulations both domestically and internationally related to the protection and management of world heritage; applicable mechanisms and policies for protection and management.- Regular monitoring of the conservation status of the world heritage.- Identifying risks affecting the world heritage and community life.- Rights and obligations of organizations and individuals related to the protection and management of the world heritage.- Organizational structure and personnel resources plan for the entity assigned to manage and use the world heritage.- Proposals for conservation, restoration, and enhancement tasks for the world heritage along with the sources of implementation funding.- The world heritage management plan must be reviewed and potentially adjusted every 05 years to ensure suitability with the realities of protection and management at each point in time.

1. Removal of Multiple Conditions for Alcohol Trading

The Government of Vietnam has issued Decree 105/2017/ND-CP, which provides for alcohol trading operations, including several notable points such as:

- Several conditions for alcohol trade and production businesses are removed.- Establishments selling alcohol for on-site consumption must obtain an alcohol business license within 3 months from the effective date of Decree 105.

See details of the conditions for alcohol trade and production here, effective from November 01, 2017.

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1. Amend and Supplement Conditions for Tobacco Trading

Decree 106/2017/ND-CP amends and supplements Decree 67/2013/ND-CP, effective from November 01, 2017. Notably, the conditions for issuing wholesale licenses for tobacco products have changed as follows:

- Only requires a letter of introduction from the supplier or from the distributor specifying the expected business area, no longer requires a sales contract from the supplier/distributor as currently stipulated.- Removes the condition for having transportation means to maintain the quality of tobacco products during transport as mentioned in point e, clause 2, Article 26 of Decree 67/2013/ND-CP.

1. Abolish National Technical Regulations on Liquid Milk Products

Circular 36/2017/TT-BYT stipulates the complete abolition of the content in Circular 03/2017/TT-BYT regarding the national technical regulations QCVN 5 -1:2017/BYT for liquid milk products.

The regulation takes effect from November 01, 2017.

1. Supplementing Dossier for Establishing Social Assistance Facilities

This notable content is mentioned in Decree 103/2017/ND-CP, which provides for the establishment, organization, operation, dissolution, and management of social assistance facilities. The dossier for establishing social assistance facilities is carried out according to the regulations in Article 8 of Decree 55/2012/ND-CP and is supplemented to include:

- Proposal submission form according to Form 01 issued together with Decree 103/2017/ND-CP.- Establishment scheme according to Form 02 issued together with Decree 103/2017/ND-CP.- Draft regulations of the facility according to Form 03a issued together with Decree 103/2017/ND-CP.

Decree 103/2017/ND-CP takes effect from November 01, 2017.

1. Serving Food for Passengers Delayed for 3 Hours or More

This is one of the contents amended in Circular 27/2017/TT-BGTVT, which amends and supplements regulations on passenger service quality at airports as per Circular 36/2014/TT-BGTVT. In all cases of flight delays, cancellations, or rescheduling, airlines must perform the following tasks:- Must serve beverages if delayed by 2 hours or more and food if delayed by 3 hours or more.- If delayed by 06 hours or more (from 7:00 AM to before 10:00 PM), must arrange suitable resting places according to the actual conditions of the airport.- If delayed by 06 hours or more (from 10:00 PM to before 7:00 AM the next day), must arrange appropriate accommodation or alternative solutions with the passengers' consent.- Re-route passengers within the airline's service scope to ensure the passengers reach the final destination of the journey as quickly and conveniently as possible.

Circular 27/2017/TT-BGTVT takes effect from November 01, 2017.

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