Highlights of Legal Documents Last Week (from April 01, 2023 to April 06, 2023)

1. Conditions for Educational Operations of Computer and Foreign Language Centers

Recently, the Ministry of Education and Training issued Decision 758/QD-BGDDT in 2019, announcing the list of investment and business conditions for sectors and professions under the management scope of the Ministry of Education and Training.

Computer and foreign language centers are allowed to operate educational activities if they meet the conditions specified in Clause 21, Article 1 of Decree 135/2018/ND-CP:

- Have a team of management staff, teachers, and employees who meet the standards and requirements for the center's operations;- Facilities, equipment, programs, teaching materials, and financial resources must be appropriate to ensure the quality of education according to the center's development plan and scale of activities.

More details can be found in Decision 758/QD-BGDDT, which took effect from March 27, 2019.

2. New Regulations on Managing Occupational Accident and Disease Insurance Costs

The Ministry of Labor, War Invalids and Social Affairs (MOLISA) has recently issued Official Dispatch 1196/MOLISA-OSHA to deploy support for occupational safety training in 2019 and management costs from the occupational accident and disease insurance fund.

The new content mentioned is that MOLISA and the Ministry of Finance temporarily estimate a budget of 210 million VND per Department of Labor, War Invalids, and Social Affairs to cover the following expenditures:

- Expenditures for propagating and disseminating policies and laws on occupational accident and disease insurance;- Expenditures for professional training and development about occupational accident and disease insurance;- Costs of performing inspection, supervision, and coordination activities in inspection and supervision;- Support for managing participants and beneficiaries of occupational accident and disease insurance.

Additionally, during the implementation process, the Departments of Labor, War Invalids, and Social Affairs may supplement additional expenditures and must state the reasons clearly.

See other details in Official Dispatch 1196/MOLISA-OSHA issued on March 28, 2019.

3. Additional Cases of Forex Usage in Vietnam for Non-Residents

This noteworthy content is mentioned in Circular 03/2019/TT-NHNN, amending Circular 32/2013/TT-NHNN guiding the implementation of regulations on restricting the use of foreign exchange in Vietnam.

Non-resident foreign investors are entitled to place deposits and guarantees in foreign currency by bank transfer when participating in auctions in the following cases:

- Purchasing shares in state-owned enterprises undergoing equitization;- Buying shares or state capital portions in state-owned enterprises, or enterprises with state capital undergoing divestment;- Purchasing shares or capital contributions of state-owned enterprises investing in other enterprises undergoing divestment.

See the detailed content at Circular 03/2019/TT-NHNN which takes effect from May 13, 2019.

4. Issuance of 70 Administrative Violation Handling Forms under CAND's Jurisdiction

Recently, the Ministry of Public Security issued Circular 07/2019/TT-BCA, regulating the forms used for handling administrative violations under the jurisdiction of the People's Public Security.

In addition to issuing a system of 70 forms for handling administrative violations, the Circular also stipulates the printing, use, and management of these forms as follows:

- The forms are uniformly printed on A4 paper size, without changing the content of the form; responsible for managing the printing, distribution, use of forms, and keeping track records;- Form No. 43/BB-VPHC, Form No. 01/QD-XPKLB, and Form No. 02/QD-XPHC may use computers to enter content information, assign numbers, and print by laser printers if the document numbers are automatically updated;- The cost of printing the forms is funded by the state budget to ensure the operations of the forces handling administrative violations.

See the list of forms in Circular 07/2019/TT-BCA which takes effect on May 6, 2019.

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