Legal Document Updates in English (47/2019)

TO MAINTAIN TWICE A YEAR WITH
 THE STATE BANK OF VIETNAM’S COMPUTER NETWORK
 

On December 24, 2018, the State Bank of Vietnam promulgates the Circular No. 34/2018/TT-NHNN providing for the management and use of the State Bank of Vietnam’s computer network.

Accordingly, the State Bank’s network shall be designed and built with the ability to expand and apply advanced network technologies, in the direction of smart network and virtualized network infrastructure in order to optimize the management and use of network resources.

This Circular also provides provisions on maintenance with the State Bank of Vietnam’s computer network as follows:

organizational structure must be maintained on a basis of 01 years once minimally;

- Wide area network shall be maintained twice a year, including 01 on-site maintenance and 01 remote maintenance.

Outside organizations that wish to connect or change connection with the State Bank’s network shall make a written request for instructions on connection or change of connection, send the Information Technology Department of the State Bank. Within 07 working days, the Information Technology Department shall notify the relevant units and guide the connection.

FROM JANUARY 01, 2021,
SEASONAL LABOR CONTRACT IS NO LONGER IN USED
 

This is one of the new contents of the Labor Code No. 45/2019/QH14 which is passed by the National Assembly on November 20, 2019.

Specifically, as in the 2012 Labor Code, there are 03 types of labor contract, include: Indefinite-term labor contract; Definite-term labor contract; A seasonal or work-specific labor contract that has a duration of under 12 months. Now, there are only 02 types of labor contract according to new provisions. From January 01, 2021, employer is not allowed to enter into the seasonal labor contract with employee.

the job or workplace or is not given the working conditions as agreed in the labor contract; is not paid in full or on time or he/she is sexually harassed at the workplace...

Besides, this Code also raise the age of retirement in normal working conditions with male employees from 60 years old to 62 years old in 2028 and from 55 years old to 60 years old with female employees in 2035. Starting from 2021, the age of retirement for employees working in normal working conditions shall be at 60 years and 03 months of age for male employees and 55 years and 04 months of age for female employees.  The age of retirement shall increase by 03 months per year for male employees and by 04 months per year for female employees.

COMPLAINT SETTLEMENT DURATION
 ON STATE AUDIT IS 60 DAYS IN MAXIMUM
 

On November 26, 2019, the National Assembly issues the Law on amending and supplementing a number of Articles of the Law on State Audit No. 55/2019/QH14.

This Law amend the regulation on complaint settlement duration on State Audit activities. To be specific, complaint settlement duration on State Audit is 30 days in maximum, from the receiving date of petition acceptance. For complicated cases, the handling duration can be extend but not longer than 45 days. In case the complainant live in remote area with difficult transportation condition, the handle duration for complaint handling shall be 45 days in maximum and can be extend but not longer than 60 days for complicated cases.

When conducting audit, the head of an audit team is allowed to access, exploit or to authorize member of audit team in writing in accordance with law provisions to access and exploit on the national database and electric database of audited entities, organizations, agencies or individuals concerned to audit activities in order to collect information and documents directly related to audit contents and scope. However, such access must comply with law and ensure the confidentiality, security and safety in accordance with law provisions.

In addition, this Law also supplement the task of preventing and combating corruption of the State Audit and the power to handle of administrative violations in the field of state audit as well as the power to examine, compare audit content and scope of audited entities.

TO REPEAL PROVISION ON
BUILDING MATERIALS DEVELOPMENT PLANS OF THE DECREE NO. 24a/2016/ND-CP
 

On December 16, 2019, the Government promulgates the Decree No. 95/2019/ND-CP on amending and supplementing a number of Articles of the Decree No. 24a/2016/ND-CP on management of building materials.

Accordingly, the Government decides to repeal Chapter II of the Decree No. 24a/2016/ND-CP on master plans on building materials development, master plans on minerals for use as building materials.

Concurrently, investment projects on production of key building materials shall be equipped with advanced and modern technologies and equipment that meet raw material, fuel, energy consumption norms and environmental protection requirements and shall be technologically appraised in accordance with regulations on technology transfer.

In addition, for investment projects on production of key building materials, the investment registration agency must consult the Ministry of Construction before submitting them to competent authorities for investment policy decision.

FROM JULY 01, 2020, FOREIGNERS
ARE ALLOWED TO CHANGE VISA STATUS

This is the new regulation in the Law on amending and supplementing a number of articles of the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam No. 51/2019/QH14 dated November 25, 2019.

As prescribed at the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam No. 47/2014/QH13, visas may be placed in passports or separate pieces of paper or granted via e-transaction. E-visa means visa granted via e-transaction. E-visas are single entry.

wife, husband, son or daughter of inviting or guaranteeing individual; Be invited, guaranteed to work by agencies or organizations and have labor licenses or certifications not subject to work permits according to the law on labor…

Visa is granted for individual, but in this Law, there is a new case of grant visa according to the approved list of staffs of immigration management agency for the foreigners who travel by sea or in transit when traveling by sea and wish to enter Vietnam to take sightseeing tours organized by Vietnam-based international travel agents.

TO GUIDE THE NEWEST PROCEDURES
ON THE ISSUANCE OF POPULAR PASSPORT

This new content is prescribed in the Law   No. 49/2019/QH14 on the Exit and Entry of Vietnamese Citizens, which is passed by the National Assembly on November 22, 2019.

In particular, papers related to the popular passport issuance include: A copy of the birth certificate or extract of birth of a person under 14 years of age; The latest popular passport for the person who has been issued a passport; Photocopy of Identity Card or Citizenship Card in case of change of personal information compared to information in the most recently issued passport...

Immigration Agency of the favorable Provincial Police. Passport issuance applications from the second time are made at the Immigration Authority of the favorable Provincial Police or Ministry of Public Security’s Immigration Department.

Within 08 working days from the date of receipt, the Immigration Authority of the Provincial Police shall return the results to the applicants. Within 05 working days from the date of receipt, the Ministry of Public Security’s Immigration Department returns the results to the applicants. Noticeably, passport applicants who pay courier service fee, may request the result receipt at their favorable location.