New policy takes effect from June 2024

Protecting and promoting the value of intangible cultural heritage

The Government issued Decree No. 39/2024/ND-CP dated April 16, 2024, stipulating measures to manage, protect and promote the values ​​of intangible cultural heritage in the UNESCO Lists and the National List of Intangible Cultural Heritage. The Decree takes effect from June 1, 2024.

According to the Decree, the principle in managing, protecting and promoting the value of intangible cultural heritage is to ensure that intangible cultural heritage is practiced to guide people and communities towards good cultural values; preserve identity; aim for comprehensive social development; ensure community and social safety; protect the environment; ensure respect for cultural diversity, the role of the host community and the specific characteristics of ethnic groups and regions.

New regulations on procedures for granting and revoking certificates of car driving instructors

The Government issued Decree No. 41/2024/ND-CP dated April 16, 2024 amending and supplementing a number of articles of the Decrees related to the management of automobile transport activities, automobile driver training services and driver testing services.

In particular, Decree No. 41/2024/ND-CP amends and supplements Article 9 of Decree 65/2016/ND-CP dated July 1, 2016 (amended in Clause 6, Article 1, Article 2 of Decree No. 138/2018/ND-CP dated October 8, 2018 and Point a, Clause 1, Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) on procedures for granting and revoking Certificates of car driving practice instructors.

Decree No. 41/2024/ND-CP takes effect from June 1, 2024.

Detailed regulations on awarding the titles "People's Artisan" and "Meritorious Artisan" in the field of handicrafts

The Government issued Decree No. 43/2024/ND-CP dated April 19, 2024 detailing the awarding of the titles "People's Artisan" and "Meritorious Artisan" in the field of handicrafts.

The Decree specifically stipulates the subjects, standards, processes, procedures, and activities for considering and awarding the titles "People's Artisan" and "Meritorious Artisan" in the field of handicrafts.

Decree No. 43/2024/ND-CP takes effect from June 6, 2024.

Transfer of the right to collect fees for using road infrastructure assets for a maximum of 10 years

The Government issued Decree No. 44/2024/ND-CP dated April 24, 2024 regulating the management, use and exploitation of road traffic infrastructure assets.

In particular, Decree 44/2024/ND-CP stipulates that the term for transferring the right to collect fees for using road traffic infrastructure assets is specifically determined in each transfer contract but is a maximum of 10 years.

Decree No. 44/2024/ND-CP takes effect from June 10, 2024.

Amending the Loan Conditions of the Small and Medium Enterprise Development Fund

The Government issued Decree 45/2024/ND-CP dated April 26, 2024 amending and supplementing a number of articles of Decree No. 39/2019/ND-CP dated May 10, 2019 on the organization and operation of the Small and Medium Enterprise Development Fund.

Regarding the principle of direct lending of the Small and Medium Enterprise Development Fund (Fund), Article 15 of Decree No. 39/2019/ND-CP stipulates: The Fund's lending activities are carried out according to the agreement between the Fund and small and medium enterprises, in accordance with the provisions of this Decree; Small and medium enterprises borrowing capital from the Fund must ensure that the loan capital is used for the right purpose, and repay the principal and interest of the loan in full and on time as agreed with the Fund; The currency for lending and repayment is Vietnamese Dong.

In addition to the above three principles, Decree 45/2024/ND-CP adds the following principle: Enterprises that have borrowed capital from the Fund will be considered for loans for new projects and production and business plans from the Fund's capital if the enterprise has fully repaid the principal and interest of the loan in full and on time.

Decree 45/2024/ND-CP takes effect from June 10, 2024.

Amending regulations on assessing policy impacts when making proposals for drafting legal documents

The Government issued Decree 59/2024/ND-CP dated May 25, 2024 amending and supplementing a number of articles of Decree 34/2016/ND-CP detailing a number of articles and measures to implement the Law on Promulgation of Legal Documents (QPPL) which has been amended and supplemented a number of articles according to Decree 154/2020/ND-CP..

Accordingly, Decree 59/2024/ND-CP amends and supplements Article 6 of Decree 34/2016/ND-CP, which has been amended and supplemented in Clause 3, Article 1 of Decree 154/2020/ND-CP on policy impact assessment.

Specifically, the assessment of policy impact when proposing to draft legal documents requires the following contents: Impact on the legal system is assessed based on analysis of the constitutionality, legality, consistency of the policy with the legal system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a member...

Decree 59/2024/ND-CP takes effect from June 1, 2024.

06 cases of driving license revocation from June 1, 2024

The content is mentioned in Circular 05/2024/TT-BGTVT dated March 31, 2024 amending the Circular related to the field of road transport, road transport support services, vehicles and drivers issued by the Minister of Transport.

Specifically, cases of driver's license revocation from June 1, 2024 include:

(1) The driver committed fraud to obtain a driver's license;

(2) Drivers erase, delete, or falsify information on the driver's license;

(3) Let others use your driver's license;

(4) The competent authority issues to an ineligible person;

(5) There is an error in one of the following information: full name, date of birth, nationality, place of residence, driver's license class, issuance value, date of passing, signatory;

(6) Through health examination, the competent authority determines that the driver's body contains drugs (except for the handling acts prescribed in Point c and Point d, Clause 10, Article 5; Point h and Point i, Clause 8, Article 6, Decree 100/2019/ND-CP).

Circular 05/2024/TT-BGTVT takes effect from June 1, 2024.

Principles for determining annual fixed prices of power purchase contracts

The Ministry of Industry and Trade issued Circular 07/2024/TT-BCT dated April 12, 2024 regulating the method of determining electricity generation prices and power purchase contracts, in which the determination of annual fixed prices of power purchase contracts is based on the following principles:

(i) The Seller and the Buyer have the right to apply the agreed average fixed price for the years during the contract term. In case the Seller and the Buyer agree to convert the agreed average fixed price into an annual fixed price, the determination of these fixed prices must comply with the principles specified in (ii).

(ii) Based on the actual loan conditions and financial capacity of the project, the Seller and the Buyer agree on the average fixed price of the power plant as a fixed price each year (FCj Fixed Price year j) with the condition that the average fixed price does not change compared to the price agreed upon by the Seller and the Buyer and complies with the following principles:

- The financial discount rate when calculating the annual fixed price agreed upon by the Seller and the Buyer is equal to the internal financial rate of return (IRR) of the power plant;

- The investor shall perform the obligation to repay loans for investment in power plant construction according to the loan repayment period.

The above Circular takes effect from June 1, 2024.

Conditions for consideration of promotion to senior lecturer professional title from June 1, 2024

This is the content mentioned in Circular 05/2024/TT-BGDDT regulating the standards and conditions for considering promotion of professional titles of teaching staff in public universities and pedagogical colleges issued by the Minister of Education and Training.

Specifically, teaching staff in public higher education institutions are eligible to register for promotion to the professional title of senior lecturer (grade I), code V.07.01.01, when they meet the following criteria and conditions:

- Public universities have a need and a vacant job position corresponding to the professional title rank of civil servants being considered for promotion and are sent by competent authorities to attend the promotion examination.

- Currently holding the professional title of senior lecturer (grade II), code V.07.01.02.

- Classified as having completed the task well or better in the year of work immediately preceding the year of consideration for promotion to the professional title of senior lecturer (grade I), code V.07.01.01; having good political qualities and professional ethics; not being subject to disciplinary action; not being subject to disciplinary regulations according to the Party's regulations and the law.

- Meet the requirements on minimum working time to hold the professional title of senior lecturer (grade II), code V.07.01.02; meet the standards on training, fostering and professional and technical competence of the professional title of senior lecturer (grade I), code V.07.01.01 specified in Clause 2, Clause 3, Article 7 of Circular 40/2020/TT-BGDDT and amended and supplemented in Circular 04/2022/TT-BGDDT.

This Circular takes effect from June 1, 2024.

Cars exempt from first inspection still have to pay application fee

Circular 11/2024/TT-BGTVT of the Ministry of Transport regulating the service price of preparing vehicle records for motor vehicles exempted from first-time inspection and the service of reprinting Inspection Certificates and Inspection Stamps for motor vehicles takes effect from June 15, 2024.

Article 4 of the Circular stipulates that the price for preparing vehicle records for motor vehicles exempted from first-time inspection is 46,000 VND/vehicle; the service price for reprinting Inspection Certificates and Inspection Stamps for motor vehicles is 23,000 VND/time/vehicle.

Service price includes the cost of organizing the collection of fees for issuing Certificates of technical safety inspection and environmental protection for motor vehicles but does not include value added tax as prescribed by law.

The inspection unit is obliged to publicly disclose information and list service prices according to the provisions of the law on prices, implement tax policies, and pay taxes according to the provisions of current tax and tax management laws.

People can trace the origin of products and goods.

Circular No. 02/2024/TT-BKHCN of the Minister of Science and Technology regulating the management of traceability of products and goods takes effect from June 1, 2024.

Accordingly, consumers can look up the following information on the National Product and Goods Origin Traceability Portal:

Name and image of the product, goods; Name and address of the unit manufacturing and trading the product, goods; Production and trading time; Brand, trademark, character code and product serial number (if any); Expiry date of the product, goods (if any).

Sample request documents, evaluation reports, appraisal reports, inspection reports, reports on the implementation of bidding activities

The Ministry of Planning and Investment issued Circular 07/2024/TT-BKHĐT on the form of request documents, assessment reports, appraisal reports, inspection reports, and reports on the implementation of bidding activities, effective from June 15, 2024.

Specifically, in this Circular, the sample dossier for reporting on the implementation of bidding activities includes:

- Sample request form applicable to the normal bidding process:

Form No. 1A: Prepare request documents for construction and installation packages; Form No. 1B: Prepare request documents for goods procurement packages; Form No. 1C: Prepare request documents for non-consulting service packages; Form No. 1D: Prepare request documents for consulting service packages.

In particular, for mixed bidding packages applying the form of designated bidding, bidding packages applying international designated bidding or direct procurement, the preparation of request documents using the above forms must ensure that they are not against the law.

- The bidding activity inspection form includes the following forms:

Form No. 4.1A: Establishing a plan for periodic inspection of bidding activities; Form No. 4.1B: Establishing a detailed inspection plan; Form No. 4.2: Establishing an outline for reporting on the implementation of contractor and investor selection; Form No. 4.3: Establishing a report on inspection of contractor and investor selection; Form No. 4.4: Establishing a conclusion on inspection of contractor and investor selection; Form No. 4.5: Establishing a feedback report on the implementation of the inspection conclusion...