Legal Document Updates in English (31/2022)

FROM 2022, APPLY ONLINE CONTRACTOR SELECTION TO 100% CONSTRUCTION,
INSTALLATION BIDDING PACKAGES WITH A PRICE NOT EXCEEDING VND 20 BILLION

On May 31, 2022, the Ministry of Planning and Investment issues the Circular No. 08/2022/TT-BKHDT stipulating in detail the provision and posting of information on bidding, and selection of contractors via the National E-Public Procurement system.

Specifically, information on the contractor selection plan shall be posted in the system by the project owners (for investment and development projects) and the bid solicitors (for regular procurement) within 7 working days from the date of approval of the contractor selection plan. The project owners (for development investment projects) and the bid solicitors (for regular procurement) must attach the Decisions of approval of plans for selection of contractors when posting the plans. The planning for selection of contractors for bidding packages of a project shall be implemented on the basis of the capital allocation plan for the entire project. It is not required to make plans for selection of contractors according to the capital plan of each year.

Besides, the roadmap for application of the online contractor selection method is as follows: In 2022, organizing online selection of contractors for all (100%) bidding packages for procurement of goods,

non-consultancy services and consultancy services with a price not exceeding VND 10 billion and construction and installation bidding packages with a price not exceeding VND 20 billion, which are subject to open bidding or competitive offer, except mixed bidding packages, and bidding packages applying the methods of two-stage and single-envelope and two-stage and two-envelope; ensuring that the total number of bidding packages organizing online selection of contractors reaches at least 80% of the number of bidding packages and at least 70% of the total value of the bidding package applying the method of open bidding and competitive offer, except for the mixed bidding package, the bidding package applying the two-stage single-envelope or two-stage two-envelope method; etc.

By 2023, to organize online selection of contractors for 100% of bidding packages subject to open bidding, restricted bidding or competitive offers, which are worth either less than VND 200 billion, in terms of goods (including medicines), construction and installation, non-consultancy services and consultancy services, except for mixed bidding packages and bidding packages applying the methods of two-stage and single-envelope and two-stage and two-envelope.

This Circular takes effect from August 01, 2022.

PRIORITY POLICIES BY REGIONS IN ENROLLMENT IN BACHELOR DEGREE PROGRAMS IN EARLY CHILDHOOD EDUCATION

On June 06, 2022, the Ministry of Education and Training issues the Circular No. 08/2022/TT-BGDDT promulgating the Regulation on enrollment in bachelor and associate degree programs in Early Childhood Education.

Accordingly, priority policies by regions in enrollment in bachelor and associate degree programs in Early Childhood Education shall be as follows: The priority points applied to Region 1, Region 2 - rural area, Region 2 are 0.75 points, 0.5 points, and 0.25 points respectively; and Region 3 is not given priority points; The enrollment region of each candidate shall be determined by the location of the high school or intermediate school where the candidate has the longest study duration; if he/she has the same study duration (longest) in different schools, the enrollment region shall be determined according to the region of the school that the candidate attended last; etc.

Besides, the following cases shall be given priority according to the place of permanent residence: Students of boarding schools for ethnic minorities that are entitled to the State’s priority and preferential regimes according to regulations; Students with permanent residence of 18 months or more in

Region 3 communes and communes with extremely difficult villages in ethnic and mountainous areas; Soldiers, officers, non-commissioned officers and conscripts in the People’s Public Security Forces who are sent to sit the exam; etc. From 2023, candidates will be entitled to the priority policies by regions as prescribed in the year of graduating from high school (or intermediate school) and the following year.

Additionally, candidates subject to direct admission and priority for admission include: Labor heroes and heroines, People’s Armed Force heroes and heroines, and nationwide emulation soldiers shall be directly admitted to disciplines and programs prescribed by training institutions; Candidates who have high achievements in national or international exams, competitions, and tournaments; Candidates who win the first, second and third prizes at ASEAN occupational skills contests and international vocational competitions in which they are appointed to participate by the Ministry of Labor, Invalids and Social Affairs; etc.

This Circular takes effect on July 22, 2022.

3 CASES SUBJECT TO SUSPENSION OF ENTITLEMENT TO MONTHLY SOCIAL ALLOWANCE

The Minister of Labor, Invalids and Social Affairs issues the Circular No. 02/2021/TT-BLDTBXH guiding the implementation of a number of articles of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries on June 24, 2021.

Specifically, subjects of stoppage of entitlement to monthly social allowance include: Persons that died or are missing as specified by law regulations; Those specified in Article 5 of Decree No. 20/2021/ND-CP that are no longer eligible for monthly social allowance; Those serving imprisonment sentences in prisons or with competent state agencies’ decisions on stoppage of entitlement to social allowance; Those that refuse to enjoy the regimes and policies; etc.

Besides, the suspension of entitlement to monthly social allowance or monthly care and nurture financial support shall be applied to the following cases: Persons who refuse the regimes and policies for consecutive 3 months or more; Those that still fail to comply with a competent state agency’s

request for re-determination of the degree of disability, re-determination of eligibility for social assistance or other information to serve the management of subjects; Those who are temporarily detained for 1 month or more, for cases being currently entitled to monthly social allowance.

Additionally, for subjects in urgent need of protection, the support of meals when living with the households admitting them for care and nurture shall be VND 60,000/person/day. Expenses for transporting subjects to their place of residence or to social protection establishments shall be as follows: In case of arrangement of means of agencies or units, the support level shall be equal to 0.2 liters of petrol/1 km, based on the actual number of kilometers and the price of petrol at the time of transportation. In case of renting a car, the rental shall be according to agreement in the contract.

This Circular takes effect after 45 days from the date of its signing.

FUNCTIONS, TASKS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION

On August 08, 2022, the Government issues the Decree No. 52/2022/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Accordingly, the Ministry of Construction is a governmental agency performing the function of state management of construction planning and architecture; construction investment; urban development; technical infrastructure; housing; working offices; the real estate market; building materials; and state management of public services in the fields falling under the Ministry’s state management as prescribed by law.

The Ministry of Construction shall perform the tasks concerning digital transformation, application of information technology and building of e-government in the construction sector in accordance with law; build and manage the system

of national information and database on construction activities; manage and provide information serving construction investment activities, etc. Noticeably, it shall formulate, and organize the implementation of, schemes, programs and projects to encourage, support and promote the development of construction mechanical engineering products.

According to the new regulations, the organizational structure of the Ministry of Construction shall no longer include Construction Economics Institute; Construction Science and Technology Institute; National Architecture Institute; National Institute for Urban and Rural Planning.

This Decree takes effect on August 08, 2022.

FROM OCTOBER 01, REPEAL 3 LEGAL DOCUMENTS ON DETERMINATION
OF LOCALIZATION RATES OF AUTOMOBILES

The Circular No. 11/2022/TT-BKHCN on repealing a number of legal normative documents defining methods of determination of localization rates of automobiles promulgated by the Minister of Science and Technology is issued on August 10, 2022 by the Ministry of Science and Technology.

Specifically, the 3 following legal normative documents are repealed:

Firstly, Decision No. 28/2004/QD-BKHCN dated October 01, 2004 of the Minister of Science and Technology, defining methods of determination of localization rates of automobiles.

Secondly, Decision No. 05/2005/QD-BKHCN dated May 11, 2005 of the Minister of Science and

Technology, on amending and supplementing the Decision No. 28/2004/QD-BKHCN dated October 01, 2004 of the Minister of Science and Technology, defining methods of determination of localization rates of automobiles;

Thirdly, Circular No. 05/2012/TT-BKHCN dated March 12, 2012 of the Minister of Science and Technology, on amending and supplementing Article 1 of Decision No. 05/2005/QD-BKHCN dated May 11, 2005 of the Minister of Science and Technology, on amending and supplementing the Decision No. 28/2004/QD-BKHCN dated October 01, 2004, defining methods of determination of localization rates of automobiles.

This Circular takes effect on October 01, 2022.

INFORMATION SYSTEM LOGS MUST BE STORED FOR AT LEAST 12 MONTHS

This noticeable content is prescribed by the Government in the Decree No. 53/2022/ND-CP dated August 15, 2022, detailing a number of articles of the Law on Cyber Security.

Accordingly, a dossier of request for including an information system in the List of information systems of national security importance comprises: A written request for including information systems in the List of information systems of national security importance; Document providing the list of all information systems of agencies and organizations and attached supporting documents.

Besides, managers of information systems of national security importance shall, based on regulations on protection of cyber security, state secrets, work secrets, technical

regulations and standards on cyber security, and relevant professional technical standards, formulate regulations, processes and plans for protection of cyber security for information systems of national security importance under their management.

Noticeably, system logs serving the investigation and handling of violations against the law on cyber security must be stored for at least 12 months. Prescribed data shall be stored from the time on which the enterprise receives the request for data storage to the time the request ends; the minimum storage duration is 24 months.

This Decree takes effect from October 01, 2022.