Highlights of Legal Documents for Last Week (from April 15, 2023 - April 20, 2023)

1. Application of Protective Measures for Whistleblowers in Emergency Cases

On April 10, 2019, the Government of Vietnam issued Decree 31/2019/ND-CP detailing certain provisions and organizational measures to implement the Law on Denunciations.

In emergency cases, the person handling the denunciation shall propose or request the competent authority to immediately apply protective measures for the whistleblower, then send a written document to the competent authority for implementing the protective measures.

If it is not an emergency, the person handling the denunciation must consider and evaluate the basis and authenticity of the protection request and decide to apply protective measures according to the authority defined in Article 52 of the Law on Denunciations.

Detailed content can be found in Decree 31/2019/ND-CP, effective from May 28, 2019.

2. Promulgation of the Code of Conduct in Preschool and General Education Institutions

Recently, the Ministry of Education and Training issued Circular 06/2019/TT-BGDDT stipulating the code of conduct in preschool, general education institutions, and continuous education institutions.

This code applies to managers, teachers, staff, learners, and parents of learners in education institutions, including:

- Daycare centers, independent kindergarten groups, independent kindergarten classes, preschools;- Primary schools, middle schools, high schools, multi-level schools, specialized schools, ethnic boarding schools, ethnic semi-boarding schools, university preparatory schools, schools for the gifted and people with disabilities;- Continuous education centers.

For more details, refer to the Code of Conduct at Circular 06/2019/TT-BGDDT, which comes into effect on May 28, 2019.

3. Documentation for Receiving Sickness Benefits for Employees

Decision 166/QD-BHXH issued by Vietnam Social Security outlines the procedures for resolving social insurance benefits and disbursing social insurance and unemployment insurance policies.

For inpatient treatment, the documentation for receiving sickness benefits for employees includes:

- A copy of the hospital discharge paper for the employee or the employee's child under 7 years old. If the patient dies in the hospital, it should be replaced with a death certificate; if the death certificate does not indicate the admission date, additional hospital documentation showing the admission date is required;- A copy of the transfer form in case of referral for examination and treatment.

For outpatient treatment, the original Certificate of Sick Leave for Social Insurance is needed. If both parents take leave to care for the child, one of the certificates should be a copy.

The above documents should be replaced with copies of the Vietnamese translation if the employee or the employee’s child receives medical treatment abroad.

For more details, refer to Decision 166/QD-BHXH, effective from May 1, 2019.

4. Graduating from Secondary School Can Lead to Direct Admission to Colleges

This notable provision is stipulated in Circular 07/2019/TT-BLDTBXH amending and supplementing certain articles of Circular 05/2017/TT-BLDTBXH on the enrollment regulations and determination of enrollment quotas for intermediate and college levels.

This Circular amends and supplements the subjects eligible for college enrollment, including:

- Students who have graduated from high school or equivalent;- Holders of an intermediate diploma who also have a high school diploma or who have studied and passed the required high school cultural subjects as prescribed by the Ministry of Education and Training;- Secondary school graduates who wish to progress to college must study and pass the required high school cultural subjects as prescribed by the Ministry of Education and Training and hold an intermediate diploma.

More details can be found in Circular 07/2019/TT-BLDTBXH, effective from April 22, 2019.

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