Highlights of the Most Notable Documents of the Week (from September 17, 2023 to September 22, 2023)

1. No Award of "Cultural Family" Title for Families Committing 07 Violations

Decree 122/2018/ND-CP issued by the Government of Vietnam on September 17, 2018, prescribes the standards and procedures for awarding the title of Cultural Family; Cultural Residential Area.

Of note is the regulation that disqualifies families from receiving the "Cultural Family" title if any of their members commit one of the following violations:

- Being prosecuted for criminal responsibility or subjected to administrative handling measures;- Failing to fulfill military service obligations and tax payment obligations;- Being penalized for administrative violations in the fields of construction; fire prevention, fighting, and environmental protection;- Engaging in child marriage or consanguineous marriage;- Engaging in domestic violence and being penalized administratively;- Engaging in social evils such as drug abuse, prostitution, theft, organizing or participating in gambling;- Participating in mass gatherings causing social disorder and safety issues.

For more details, refer to Decree 122/2018/ND-CP, which takes effect from November 5, 2018.

1. Court Clarifies Queries Regarding Administrative Cases

On September 19, 2018, the Supreme People's Court issued Document 02/GD-TANDTC to clarify some issues in resolving administrative cases.

Included is a clarification related to the calculation of first-instance court fees in cases where a plaintiff initiates lawsuits against multiple administrative decisions in a single case. Specifically:

- The court only specifies first-instance administrative court fees and appellate administrative court fees without prescribing fees per each lawsuit. Consequently, if the plaintiff requests the annulment of multiple related administrative decisions, these requests are addressed in a single case;- The first-instance administrative court fee and the appellate administrative court fee are set at VND 300,000. If the plaintiff requests the annulment of unrelated administrative decisions, the court will handle them as separate administrative cases;- The calculation of administrative court fees follows general regulations.

1. Repurposing Unsafe Products

The Ministry of Health issued Circular 23/2018/TT-BYT regulating the recall and handling of unsafe food products under the management of the Ministry of Health.

Unsafe products (including food, food additives, food processing aids, utensils, packaging materials, and containers) will be recalled and handled through the following methods:

- Correcting labeling errors for products that violate labeling regulations compared to the self-declaration or product registration file;- Repurposing for products that pose health risks to consumers and are unsuitable for food use but can be used in other fields;- Re-exporting for imported products whose quality and safety levels do not conform to the self-declaration or product registration file, or those that pose health risks to consumers;- Destroying products with quality indicators or safety levels that do not conform to the self-declaration or product registration file, posing health risks to consumers, and that cannot be repurposed or re-exported.

Circular 23/2018/TT-BYT takes effect from November 1, 2018.

1. New Standards for Evaluating National Standard Schools

On August 22, 2018, the Ministry of Education and Training signed and issued Circulars regulating the quality assessment of education and the recognition of national standard status for preschools, primary schools, secondary schools, and high schools. Specifically:

- Circular 17/2018/TT-BGDDT regulates the quality assessment of education and the recognition of national standard status for primary schools;- Circular 18/2018/TT-BGDDT regulates the quality assessment of education and the recognition of national standard status for secondary schools, high schools, and multi-level schools;- Circular 19/2018/TT-BGDDT regulates the quality assessment of education and the recognition of national standard status for preschools.

These Circulars officially take effect from October 10, 2018.

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