Legal Document Updates in English (27/2022)

EMPLOYEES ENGAGED IN OPERATION OF GAS WORKS MAY WORK UP TO 12 HOURS/DAY

This highlight content is provided in the Ministry of Industry and Trade’s Circular No. 12/2022/TT-BCT dated July 25, 2022, prescribing the working time and rest time for employees engaged in operation, maintenance and repair of gas distribution pipelines and gas works.

Accordingly, employees who operate, maintain and repair gas distribution pipeline systems and gas works may work a maximum period of 12 hours a day (in a shift) with a maximum working session of 07 days. After each working session, employees working in sessions are arranged to have a consecutive rest with the number of days off equal to the number of working days in the previous working session.

In addition, the total time of the normal working hours and overtime work must not exceed 12 hours in 01

day; the overtime hours must not exceed 300 hours in 01 year. The organization of overtime work must be accepted by employees and comply with the provisions in Articles 59, 62 of the Government’s Decree No 145/2020/ND-CP dated December 14, 2020.

Employers shall take the responsibility for detailing working shifts and working sessions of employees in the internal working regulations; and inform their employees prior to signing their contract in accordance with laws. 

This Circular takes effect on September 09, 2022.

FROM SEPTEMBER 01, ORGANIZATIONS ENGAGED IN CHARITY ACTIVITIES
MUST OPEN ACCOUNTING BOOK

On July 05, 2022, the Ministry of Finance issues the Circular No. 41/2022/TT-BTC on guiding the accounting regime applicable to social and charity activities.

Accordingly, all organizations, agencies, units and individuals engaged in activities related to mobilization, receipt, distribution and use of voluntary donations to carry out social and charity activities must open accounting book to fully reflect arising economic operations, make reports and supply information in a transparent manner in accordance with this Circular and relevant laws.

The organizations, agencies and units concurrently performing social and charity activities, without independent accounting organization for cost accounting of mobilization, receipt, distribution and use of

voluntary donations shall make cost accounting on the same accounting book system of them, according to their applicable accounting regime.

Additionally, they must open a detailed accounting book to monitor these activities separately to ensure proper management and use. Annual or periodical reports on revenues and expenditures of social and charity activities of the units must be made as prescribed in this Circular; the units must publicize data according to the provisions of law, at the same time, data of social and charity activities must be separately disclosed in the units’ general financial statements in a clear and transparent manner.

This Circular takes effect from September 01, 2022.

ORDER AND PROCEDURES FOR BANKING SUPERVISION

The order and procedures for banking supervision is provided in the State Bank of Vietnam’s Circular No. 08/2022/TT-NHNN on June 30, 2022.

In accordance with this Circular, the order and procedures for banking supervision comprise 3 steps as follows: Step 1: Collecting, synthesizing, and processing documents, information, and data; Step 2: Performing compliance supervision and/or risk supervision; Step 3: Making a supervision report, proposing handling measures. The monitoring, urging and examination of the implementation of inspection conclusions by credit institutions and foreign bank branches shall comply with the Government’s regulations on the implementation of inspection conclusions and provisions of this Circular.

Besides, documents, information, and data, after being synthesized and processed, shall be stored, and managed to serve banking inspection and supervision activities following the principles below: Adequate documents, information and data shall be preserved in a scientific manner by dossier of object of banking supervision and the entire system; Collected documents, information and data must be archived in accordance with current regulations on archiving; The management, storage and use of documents, information, and data on the list of State secrets shall comply with the law provisions on protection of State secrets; The confidentiality of information and data of credit institutions and customers shall comply with the law provisions.

This Circular takes effect from September 01, 2022.

SHORTEN THE PERIOD FOR SETTLING DOSSIERS FOR GRANT OF PERMITS
FOR IMPORTING CYBERINFORMATION SECURITY PRODUCTS

The Circular No. 10/2022/TT-BTTTT amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 13/2018/TT-BTTTT dated October 15, 2018, providing the list of cyberinformation security products imported under permits and the order, procedures and dossiers for grant of permits for import of cyberinformation security products is issued on July 20, 2022 by the Ministry of Information and Communications.

Accordingly, within 05 working days after receiving a valid dossier, the Authority of Information Security - the Ministry of Information and Communications shall appraise and return the dossier settlement results to the enterprise. If the enterprise satisfies all the conditions prescribed in Clause 3 Article 48 of the Law on Cyberinformation Security, the Authority of Information Security under the Ministry of Information and Communications shall grant an import permit, made according to Form No. 03 provided in Appendix II of this Circular, to the enterprise. If the enterprise fails to fully satisfy prescribed conditions, the Authority of Information Security under the Ministry of Information and Communications shall issue a written reply clearly stating the reason of refusal to grant a permit.

As in previous regulations, within 07 working days after receiving a valid dossier, the Authority of Information Security shall appraise, complete and submit it to the Ministry of Information and Communications.

Besides, for an import permit, which remains valid but lost or damaged, the concerned enterprise shall send a written request for re-grant of import permit, made according to Form No. 02 provided in Appendix II to this Circular, to the Authority of Information Security - the Ministry of Information and Communications. Within 02 working days after receiving a valid request, instead of 03 working days as in previous regulations, the Authority of Information Security under the Ministry of Information and Communications shall re-grant the import permit to the enterprise.

Especially, from the effective date of this Circular (September 15, 2022), a copy of the license for dealing in cyberinformation security products and services shall no longer be required in the dossier for grant of permits for import of cyberinformation security products.

QUALITY ASSURANCE ELEMENTS UPON JOINTLY ORGANIZING EXAMINATIONS
FOR GRANT OF FOREIGN CERTIFICATES OF FOREIGN-LANGUAGE PROFICIENCY

The Circular No. 11/2022/TT-BGDDT prescribing regulations on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency is promulgated on July 26, 2022 by the Ministry of Education and Training.

In accordance with this Circular, foreign establishments assessing foreign-language proficiency shall provide information on the following quality assurance elements: The examination questions must ensure reliability, accuracy, objectivity, transparency and fairness in assessing candidates' foreign language proficiency; The examination registration process and exam organization process must ensure the strict, scientific, reliable, accurate, objective, transparent and fair assessment of candidates' foreign language proficiency, prevent and eliminate fraudulent sign; etc.

Besides, examination-organizing establishments of Vietnam shall provide information on the following quality assurance elements: Managers of such unit must hold a bachelor's degree or higher in the fields

of foreign languages, literature and culture in at least 01 language in which such unit co-organizes the examination; In case of using exam invigilators of the examination-organizing establishment in Vietnam, each examination room must have at least 01 examination invigilator who is a lecturer or teacher, other examination invigilators must have qualifications of college degree or higher and must be trained in examination supervision, etc.; The venue, facilities, and equipment must be guaranteed to organize the examination as specified; etc.

Co-organizing parties must properly perform the commitments in the approved plan on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency. In cases where there is a change compared to the plan, the co-organizing parties shall report to the Ministry of Education and Training for consideration and decision on the adjustment.

This Circular takes effect from September 10, 2022.