07 chính sách mới có hiệu lực từ ngày 20/11/2023

07 new policies take effect from November 20, 2023

HOA NHUT LAW updates 07 new policies effective from November 20, 2023:

1. 30% reduction in land rent payable for 2023

Decision 25/2023/QD-TTg on land rent reduction for 2023 takes effect from November 20, 2023.

Accordingly, the land rent payable (revenue) in 2023 will be reduced by 30% for land lessees who are eligible for the above reduction in Article 2 of Decision 25/2023/QD-TTg; the reduction will not be applied to the outstanding land rent of years prior to 2023 and late payment fees (if any).

The land rent reduction is calculated on the amount of land rent payable (revenue) in 2023 according to the provisions of law. In case the land lessee is receiving a land rent reduction according to regulations or/and compensation and site clearance deductions according to the provisions of law on land rent, the 30% land rent reduction is calculated on the amount of land rent payable (if any) after being reduced or/and deducted according to the provisions of law (except for the amount of land rent reduced according to Decision 01/2023/QD-TTg).

2. Cases of temporary suspension of notary practice

Circular 08/2023/TT-BTP guiding notary practice internship will take effect from November 20, 2023.

Accordingly, the regulation on changing the notary public guiding the trainee is carried out when the notary public falls into one of the following cases:

– Failure to fully perform the obligations specified in Article 14 of Circular 08/2023/TT-BTP;

– Death, loss of civil act capacity, limited civil act capacity, difficulty in cognition or behavior control, or for other objective reasons that make it impossible to continue to guide trainees;

– Temporarily suspended from practicing notary, dismissed from notary position or no longer practicing at the notary practice organization accepting interns;

– Being disciplined, being administratively sanctioned for violations in the practice of notary public or being found to not have sufficient conditions to guide trainees at the time of accepting trainee guidance.

3. List of job positions in agencies and units under the Ministry of Construction that must be periodically converted

Circular 08/2023/TT-BXD stipulating the list and period of periodic job transfer for civil servants not holding leadership or management positions and officials directly involved in and handling work in the construction sector, effective from November 20, 2023.

Accordingly, the list of job positions in agencies and units under the Ministry of Construction that must be periodically converted includes:

(1) Granting licenses in the construction sector:

– Check and evaluate application files for construction practice certificates; convert construction practice certificates of foreign individuals or Vietnamese people residing abroad;

– Check and evaluate application documents for practice certificates and construction activity capacity certificates;

– Check and evaluate the application for recognition of socio-professional organizations that are qualified to issue practice certificates and construction activity capacity certificates;

– Check and evaluate the application for recognition of socio-professional organizations for practicing architecture, research facilities, and architectural training facilities that are qualified to conduct examinations and issue certificates for practicing architecture;

– Check and evaluate application documents for a certificate of registration for testing activities under the state management of the Ministry of Construction;

– Check and evaluate application documents for granting certificates of registration for certification activities under the state management of the Ministry of Construction;

– Checking application files for appointment, dismissal, and issuance of construction judicial appraiser cards;

– Check and evaluate application documents for granting certificates of eligibility to conduct technical safety inspection activities for organizations conducting inspections of machinery, equipment, and materials with strict requirements on labor safety used in construction;

– Check and evaluate application files for granting inspector certificates to individuals performing inspections of machinery, equipment, and materials with strict requirements on labor safety used in construction.

(2) Construction project appraisal:

– Appraisal of construction investment feasibility study reports and adjusted construction investment feasibility study reports;

– Appraisal, appraisal of adjustment of construction design implemented after basic design.

(3) Construction planning management:

– Appraisal of tasks and tasks of adjusting construction planning;

– Appraisal of construction planning projects and adjusted construction planning projects.

(4) Management and supervision of construction quality:

– Check the acceptance of construction works;

– Check and evaluate the request documents for comments on the results of construction safety assessment; comment on works that have expired but need to be continued in use.

4. Deadline for converting semi-public kindergartens and primary schools to public ones

Circular 16/2023/TT-BGDDT amending and supplementing a number of articles of Circular 41/2020/TT-BGDDT abolishing a number of legal documents issued by the Minister of Education and Training in the field of education, effective from November 20, 2023.

Accordingly, it is stipulated that preschool and general education institutions subject to conversion under the provisions of Circular 11/2009/TT-BGDDT that have not yet converted must complete the conversion under the provisions of Circular 11/2009/TT-BGDDT before June 30, 2025.

Objects that must be converted include:

– Converting semi-public and private preschool and general education facilities to private preschool and general education facilities; semi-public preschool and general education facilities to private preschool and general education facilities;

– Convert semi-public preschool and general education facilities to public preschool and general education facilities.

5. Classification criteria for public service providers in the agriculture and rural development sector

Circular 08/2023/TT-BNNPTNT stipulates the criteria for classification, conditions for establishment, merger, consolidation, and dissolution of public service units (PSUs) in the agriculture and rural development (ARD) sector and field, effective from November 20, 2023.

Accordingly, the regulations on criteria for classifying public service units in the agriculture and rural development sector include:

(1) Classification by function and task

– Public service units serving state management functions include: agricultural extension; strategic and policy research; information and propaganda of the Party’s guidelines and the State’s legal policies; information, scientific and technological research, theory and expertise; training and fostering of civil servants, public employees and managers; human resource development, public policy and rural development; applied research and development of information technology, digital transformation, statistics, forecasting, libraries and public career activities serving state management functions in the agriculture and rural development sector and fields according to the provisions of law;

– Public service providers providing public career services in the agriculture and rural development sector as prescribed in Article 1 of Circular 08/2023/TT-BNNPTNT.

– A public service provider serving the function of state management and providing public career services is a unit that performs one or more of the functions and tasks specified above.

The determination of the type of public service provider in this clause is based on the functions and tasks of the public service provider approved by the competent authority.

(2) Classification by competent authority

– The National Defense and Security Service is established under the authority of the Government and the Prime Minister;

– The Ministry of Agriculture and Rural Development is established under the authority of the Minister of Agriculture and Rural Development;

– The People’s Committees of provinces and centrally-run cities are established under the authority of the People’s Committees of provinces and centrally-run cities;

– The People’s Committee of a district, town, city under a province, or city under a centrally-run city is established under the authority of the People’s Committee of a district, town, city under a centrally-run city.

– The public service provider is established by another entity in accordance with the provisions of law.

(3) Classification by level of financial autonomy

– The public service unit self-insures regular and investment expenditures;

– The public service unit self-insures regular expenses;

– The public service providers are responsible for part of their regular expenses;

– The State budget guarantees regular expenditures for public service units.

The determination of the level of financial autonomy of public service units in the agriculture and rural development sector prescribed in this clause shall comply with the Government’s regulations on the financial autonomy mechanism of public service units and relevant legal provisions.

6. List and description of job positions in the Department of Natural Resources and Environment in the field of natural resources and environment

Circular 10/2023/TT-BTNMT providing guidance on leadership and management positions and specialized professional titles, and the structure of civil servants according to professional titles in public service units in the natural resources and environment sector takes effect from November 20, 2023.

Accordingly, the list and description of job positions in the Ministry of Natural Resources and Environment in the natural resources and environment sector are as follows:

(i) List of job positions

– List of leadership and management positions in public service units in the natural resources and environment sector specified in Appendix I issued with Circular 10/2023/TT-BTNMT;

– List of job positions and professional titles in public service units in the natural resources and environment sector specified in Appendix II issued with Circular 10/2023/TT-BTNMT.

(ii) Job description

– Job descriptions and competency frameworks for leadership and management positions and professional title positions in the field of natural resources and environment specified in Appendix III issued with Circular 10/2023/TT-BTNMT. Public service units shall develop specific job descriptions and competency frameworks based on the functions and tasks of the unit and the job descriptions specified in Appendix III issued with Circular 10/2023/TT-BTNMT, and submit them to competent authorities for approval;

– The competency framework for leadership and management positions must be consistent with the leadership and management title standards prescribed by competent authorities; the competency framework for professional title positions in the field of natural resources and environment must be consistent with the professional title standards for civil servants in the field of natural resources and environment prescribed by the Ministry of Natural Resources and Environment or the standards of the administrative civil servant category prescribed by the Ministry of Home Affairs. The levels of each competency group in the competency framework are specified in Appendix IV issued with Circular 10/2023/TT-BTNMT.

7. List of leadership and management positions and professional titles in the judicial sector

Circular 06/2023/TT-BTP providing guidance on leadership and management positions and specialized professional titles, and the structure of civil servants according to professional titles in public service units in the judicial sector and field takes effect from November 20, 2023.

Accordingly, the list of job positions, job descriptions and competency frameworks for leadership and management positions and professional titles in the judicial sector include:

– The list of leadership and management positions in public service units in the judicial sector and field includes 16 positions specified in Appendix I attached to Circular 06/2023/TT-BTP.

– The list of job positions with specialized professional titles in public service units in the judicial sector and field includes 15 job positions specified in Appendix II attached to Circular 06/2023/TT-BTP.

– Job description and competency framework of leadership and management positions and specialized professional titles in public service units in the judicial sector and field specified in Appendix III, IV, V, VI, VII, VIII attached to Circular 06/2023/TT-BTP.

– The framework for determining the level of competence for leadership and management positions and specialized professional titles in public service units in the judicial sector and field is specified in Appendix IX attached to Circular 06/2023/TT-BTP.