04 notable legislative documents in Vietnam from June 27, 2023 to July 2, 2023

1. Official Postponement of the Implementation of the 2015 Criminal Code

This is stipulated in Resolution 144/2016/QH13 concerning the postponement of the enforcement of the 2015 Criminal Code, the 2015 Criminal Procedure Code, the 2015 Law on Organization of Criminal Investigation Agencies, and the 2015 Law on Temporary Detention and Custody.

The implementation of the Criminal Code and related laws is postponed until the effective date of the Law amending and supplementing some provisions of the 2015 Criminal Code, except for the provisions beneficial to offenders, which are applied from July 1, 2016:

- Provisions beneficial to offenders in Clause 3, Article 7 of the 2015 Criminal Code, and Point b, Clause 1, Article 1 of Resolution 109/2015/QH13;

- Clause 2, Article 1 and other provisions beneficial to offenders in Resolution 109/2015/QH13;

- Application of provisions of the 2015 Criminal Procedure Code to enforce provisions beneficial to offenders.

Resolution 144/2016/QH13 takes effect from June 30, 2016, and the current provisions remain applicable until the Law amending and supplementing some provisions of the 2015 Criminal Code takes effect.

1. Support Costs for Vietnamese guest worker

According to Joint Circular 09/2016/TTLT-BLDTBXH-BTC implementing support for Vietnamese guest worker effective from August 1, 2016, the support levels for vocational training, language training, and essential knowledge training for employees are as follows:

- Vocational training: according to actual costs and maximum levels stipulated in Decision 46/2015/QD-TTg;

- Language training: according to specific course levels, actual learning time, and up to 3 million VND/person/course;

- Essential knowledge training: according to actual costs and up to 530,000 VND/person/course;- Meal allowance during training: 40,000 VND/person/day;

- Travel costs for employees from their legal residence to the training location as stipulated in this Joint Circular.

Employees from households classified as poor are additionally supported with accommodation costs during training and personal essential items.

Refer to the detailed contents in Joint Circular 09/2016/TTLT-BLDTBXH-BTC.

1. Regulations on On-the-Spot Administrative Penalties by Border Guards

On June 8, 2016, the Ministry of Defense issued Circular 78/2016/TT-BQP on the process of handling administrative violations (VPHC) by Border Guards.

Personnel authorized to penalize administrative violations within the Border Guards while on duty have the authority to impose on-the-spot penalties in the following cases:

- Violations stipulated in Clause 1, Article 56 of the 2012 Law on Handling Administrative Violations;

- Multiple administrative violations where each act is subject to a warning or a fine up to 250,000 VND for individuals and up to 500,000 VND for organizations;

- For administrative violations detected through technical and professional means, a violation record is made, and penalties are imposed according to procedures with record-making.

Circular 76/2016/TT-BQP takes effect from August 1, 2016.

1. Conditions for Registering for Official Promotion Exams

According to Decision 1642/QD-BNV dated June 23, 2016, concerning the plan for organizing the official promotion exams in 2016 in state agencies and public service institutions, the conditions for sitting in official promotion exams include:

- By the time of registration for promotion exams, having been assessed as satisfactorily completing tasks for 3 consecutive years;

- Possessing good political qualities and ethics, not being under disciplinary action or undergoing disciplinary review;

- Having professional, technical capabilities, and qualifications to take on positions corresponding to a higher official rank within the same professional field;

- Meeting the requirements for time in rank, diplomas, certificates, and documents, projects, programs according to the professional standards of the rank to be tested.

The Ministry of Home Affairs will conduct promotion exams for senior officials and principal officials from August 2016 to December 31, 2016, and promotion exams authorized by the Ministry of Home Affairs must be completed before December 31, 2016.

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