Vietnam: 11 codes and laws officially effective from January 01, 2021 (Part 3)

Vietnam: 11 codes and laws officially effective from January 01, 2021 (Illustration)

9. Law on Amendments to Law on the Promulgation of Legislative Documents 2020

On June 19, 2020, the National Assembly of Vietnam officially promulgated the Law on Amendments to Law on the Promulgation of Legislative Documents 2020, amending and supplementing several provisions of the Law on the Promulgation of Legislative Documents 2015. Notable stipulations include:

- Three new cases were added for the promulgation of Legislative Documents via simplified procedures.

- Addition of various types of documents to the Legislative Document system.

- No issuance of Joint Circulars between Ministers and heads of equivalent agencies.

- The Vietnam Fatherland Front undertakes social criticism of draft Legislative Documents as prescribed by this Law and the Law on the Vietnam Fatherland Front.

- A Legislative Document can be issued to simultaneously amend, supplement, replace, and annul provisions in multiple Legislative Documents from the same agency in the following scenarios:

+ To implement relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

+ For cohesive amendments, supplements, replacements, and annulling to ensure synchronization and consistency with newly issued documents.

+ To implement administrative procedure simplification plans that have been approved.

- Additional responsibilities for the Ethnic Council in verifying the assurance of ethnic policies in law projects, ordinances, and draft resolutions.

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10. Law on Public-Private Partnership Investment 2020

The National Assembly of Vietnam officially signed for promulgation the Law on Public-Private Partnership Investment 2020, featuring several significant provisions:

- Restrictions on investment fields under the PPP model.

- Setting minimum total investment scale for projects within each field as follows:

+ Not less than 200 billion VND for projects in transportation; power grid, power plants (excluding hydropower plants and cases where the State holds a monopoly according to the Electricity Law); irrigation; clean water supply; drainage and wastewater treatment; waste treatment; IT infrastructure.

+ Not less than 100 billion VND for projects in areas with difficult or exceptionally difficult socio-economic conditions as prescribed by investment law.

+ Not less than 100 billion VND for projects in health and education-training sectors.

+ The prescribed minimum total investment scale does not apply to O&M contract projects.

- The Supreme People's Procuracy and the Supreme People's Court have the authority to sign PPP project contracts.

- Revision of project classification under the PPP model, specifically categorized by investment policy decision authority:

+ Projects under the authority of the National Assembly of Vietnam.

+ Projects under the authority of the Prime Minister.

+ Projects under the authority of Ministers, heads of central agencies, and other agencies as stipulated in Clause 1, Article 5 of this Law.

+ Projects under the authority of the Provincial People's Council.

- Changes to the authority to decide on investment policies for PPP projects.

- Changes to the regulations on owners' equity contribution ratio.

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11. Law on Amendments to Law on the Organization of the National Assembly of Vietnam 2020

The Law on Amendments to Law on the Organization of the National Assembly of Vietnam 2020 was promulgated on June 19, 2020, amending and supplementing several provisions of the Law on the Organization of the National Assembly of Vietnam 2014. Key points include:

- Setting the number of members in full sessions of the National Assembly of Vietnam's Ethnic Council and Committees.

- The number and list of full-time National Assembly of Vietnam deputies within the Delegations of National Assembly of Vietnam Deputies must be decided and approved by the Standing Committee of the National Assembly of Vietnam.

- Changes to the tasks and powers of the Delegations of National Assembly of Vietnam Deputies: They will not manage but only direct the activities of the advisory and service apparatus for the Delegations of National Assembly of Vietnam Deputies.

- The Standing Committee of the National Assembly of Vietnam is responsible for preparing, convening, and presiding over National Assembly of Vietnam sessions. Based on actual needs and situations, the Standing Committee decides to convene conferences of full-time National Assembly of Vietnam deputies before each session to discuss and provide opinions on projects, proposals, and reports before submitting them to the National Assembly of Vietnam.

- Additional responsibilities for the Standing Committee of the National Assembly of Vietnam in electing, dismissing, removing, and approving positions within the state apparatus:

+ Approve the election results and resignations of Heads and Deputy Heads of the Delegations of National Assembly of Vietnam Deputies.

+ Approve the election, dismissal, and removal of Chairpersons and Vice-Chairpersons of Provincial People's Councils.

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Le Hai

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