Legal Document Updates in English (01/2020)

APPRAISAL TIME OF URBAN WATER SUPPLY
PLANNINGS IS AT MOST 20 DAYS

On December 27, 2019, the Government promulgates Decree No. 98/2019/ND-CP on amending and supplementing a number of Articles of Decrees on technical infrastructure.

Accordingly, to amend responsibilities to formulate time and competence to appraise and approve urban water supply planning tasks and blueprints in the Decree No. 117/2007/ND-CP. Specifically, time for appraising the water supply planning tasks and blueprints shall not exceed 20 working days, time for approving the water supply planning tasks and blueprints shall not exceed 15 working days from receiving date of adequate dossier as regulated.

organizations or individuals, such organizations or individuals shall continue to be the water supply units providing water supply services in the areas.

Besides, for areas where water supply units providing water supply services are not available or there is necessity to change the water supply unit due to failure in satisfying the requirement in service quality and water supply development plans, the selection of water supply units for investment in the construction of water supply systems and clean water business in the areas is carried out in accordance with legal provisions on bidding and under specific conditions of each locality...

A MINOR MAY USE SUPPLEMENTARY CARD
 OF A DEBIT CARD WITHOUT WRITING PERMISSION

On December 25, 2019, the Governor of the State Bank of Vietnam promulgates the Circular No. 28/2019/TT-NHNN on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the State Bank Governor on bank card operations.

Besides, the State Bank also amends provision on conditions for using debit cards, credit cards and prepaid cards of organizations. To be specific: Organizations eligible to open liquidating account are allowed to use debit cards. Organizations being juridical persons shall be permitted to use 03 kinds of card mentioned above. The cardholder being organization may authorize a person to use the organization’s card on its behalf or use supplementary card.

In addition, this Circular also amends and supplements other contents of the Circular No. 19/2016/TT-NHNN such as the principle of card usage, the security of the usage, checking and handling complaints during the card usage...

NOT TO SUPPORT INTEREST RATE, SUBSIDIZE INTEREST RATE DIFFERENCE
FOR THE OVERDUE PRINCIPLE BALANCE

On November 15, 2019, the Minister of Finance promulgates the Circular No. 82/2019/TT-BTC on amending and supplementing a number of Articles of the Circular No. 89/2014/TT-BTC dated July 07, 2014, providing guidelines on loan interest rate support and interest rate difference subsidies due to the implementation of supportive policies to reduce losses in agriculture.

debt. The principle balance that is not overdue according to regulations shall continue to be entitled to interest rate support and interest rate difference subsidies in accordance with the Decision No. 68/2013/QD-TTg.

In addition, the Ministry of Finance also supplement provision on reporting methods. To be specific: Commercial banks shall send written reports to the Ministry of Finance. Formula to calculate the amount of subsidized difference in interest on a loan which is supported by the State is also amended and supplemented.

THE CREDIT INSTITUTIONS MAY BE EXEMPTED
 FROM MONTHLY CASH WITHDRAWAL FEE

On December 25, 2019, the State Bank of Vietnam promulgates the Circular No. 27/2019/TT-NHNN on amending and supplementing a number of Articles of the Circular No. 35/2014/TT-NHNN dated November 20, 2014 of the State Bank Governor of Vietnam on service fees for cash withdrawal transactions via payment accounts at the State Bank of Vietnam.

exceeded, the above organizations will be charged 0.005% of the positive difference in the month.

Besides, this Circular also supplement regulation on method of collecting method of collecting cash withdrawn fee. To be specific: after calculated and received the fee of credit institution, foreign bank branch, the Operation Center, municipal and provincial State Bank branches shall base on fee collecting record to  note in Accounting Account System. Otherwise, the regulation on summarizing data of cash withdrawn in the Operation Center and provincial, municipal State Bank branches also be repealed.

HIGHER EDUCATION INSTITUTIONS SHALL HAVE TO
MAKE FULL DISCLOSURE ON EMPLOYMENT RATE AFTER 12 MONTHS OF GRADUATION

On December 30, 2019, Government promulgates the Decree No. 99/2019/ND-CP detailing and guiding the implementation of a number of articles of the law amending and supplementing a number of articles of the Law on Higher Education.

Accordingly, higher education institutions are allowed to have autonomy on finance and property, autonomy in organizational structure and personnel, autonomy in academic and professional activities…

graduation; samples of diplomas and certificates, list of diplomas and certificates granted for learners annually; training fees, tuition rates, admission service charges, and other charges for each academic year and expected course duration; regimes and policies on tuition exemption and reduction, and scholarships…

In addition, higher education institutions also have to disclose the admission ratios, the decision to open branches or to associate training together with the documents proving eligibility as prescribed on the school’s website before at least 30 working days; send written notifications and decisions to the Ministry of Education and Training within 30 days after such notifications and decisions are issued.

FROM JULY 01, 2020, SHALL NOT APPLY
INDEFINITE WORKING CONTRACTS FOR PUBLIC EMPLOYEE

This is one of the remarkable regulations approved by the National Assembly on November 25, 2019 in the Law on amend and supplement a number of Article of the Law on Cadres and Civil Servants and the Law on Public Employees No. 52/2019/QH14.

Accordingly, from July 01, 2020, working contract with an indefinite term shall not apply for public employee, except for cases:  Public employees who are recruited before July 01, 2020; Cadres, civil servants converted into public employee; Recruited public employees work in extremely difficult socio-economic conditions areas. Therefore, from July 01, 2020, shall apply contract with define term between full 12 months and 60 months with public employee.

working contract if all requirements prescribed by law are fully met.

This Law also supplements the new regulation on stipulate the discipline with cadres, civil servants who had violations in the working time but only detected after quitting job or retiring so that every violation shall be stipulated.  Base on the nature, severity of the violation, the violated person shall be handled under criminal, administrative regulations or disciplined; the disciplining a public employee who quitted job or retired shall be associated with the corresponding legal consequences of the violations.

In term of cadres recruitment, besides recruitment through examinations or admissions, the head of civil servants management agency shall be allowed to decide on receive people who meet the criteria and conditions of a job position as a civil servant in some specific cases.

This Law takes effect on July 01, 2020.