To ensure working conditions, rights, and the health of laborers engaged in specialized jobs such as those in the field of exploration and exploitation of oil and gas at sea, on November 8, 2023, the Ministry of Industry and Trade issued Decree no. 20/2023/TT-BCT, replacing Decree 24/2015/TT-BTC, which regulates working hours and rest periods for laborers in specialized occupations within the field of exploration and exploitation of oil and gas at sea (hereinafter referred to as “workers“), including determining the rest hours for these workers. (“Decree 20“).

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The resting time is the necessary duration for laborers to restore expended labor force to ensure continuous work processes. Hence, when arranging work shifts for laborers, employers not only have to ensure the working hours but also adhere to the legally regulated rest periods for them.

* For laborers working regularly at offshore oil and gas sites, the rest should be arranged as follows:

• After each offshore work shift, laborers must have a continuous rest of at least 10 hours before starting a new shift.
• Break time during working hours is counted as part of the working time. The total break time must be at least 60 minutes, ensuring a continuous break of at least 30 minutes. For night shifts, a break of at least 45 continuous minutes is allowed.
• Apart from breaks between work shifts, after each work session, regularly working laborers should have continuous rest days equal to the number of days worked in the previous session.

* For irregularly working laborers at offshore oil and gas sites, the rest should be arranged as follows:

• Working at offshore oil and gas sites on a workday in the week: 1 workday on the sea requires compensation of half a workday.
• Working at offshore oil and gas sites on a day off in the week: 1 workday on the sea requires compensation of 1 workday.
• Working at offshore oil and gas sites on holidays: 1 workday on the sea requires compensation of 2 workdays.

This information summarizes the details of laborers working in the field of exploration and exploitation of oil and gas at sea regarding their rest periods. Decree 20 will be effective starting from December 25, 2023.

* This bulletin aims to inform about newly enacted legal regulations and is not intended for specific advice or application in individual cases. 

I hope this information is helpful to our dear readers.

To promote online public services, on October 16, 2023, the Ministry of Finance issued Circular 63/2023/TT-BTC amending and supplementing some provisions of certain Circulars regulating fees and charges of the Minister of Finance to encourage the use of online public services (“Circular 63“).

Let’s explore the details with Bizlawyer!

There are 4 fees and charges reduced from December 1, 2023, to December 31, 2025:

• Organizations submitting applications for industrial explosive material usage permits online, the fee is 90% of the fee specified in Circular No. 148/2016/TT-BTC.
• Organizations and individuals submitting applications for permits to perform radiation work, the fee is 90% of the fee specified in Circular No. 287/2016/TT-BTC.
• The fee for citizen information authentication, information result exploitation, applies a fee of 50% of the fee specified in Circular No. 48/2022/TT-BTC.
• Organizations and individuals submitting applications for new, reissued, or changed driver’s licenses, apply a fee of 115,000 VND per issuance…

Additionally, there are 4 fees and charges reduced from January 1, 2024, to December 31, 2025:

• Business entities submit applications for renewing certificates of qualification for occupational safety and technical inspection, the fee is 90% of the fee specified in Circular No. 245/2016/TT-BTC.
• Organizations and individuals submitting applications for performing services related to industrial property protection, the fee is 50% of the fee specified in Circular No. 263/2016/TT-BTC.
• Vietnamese citizens submitting passport issuance applications, apply a fee of 90% of the fee specified in Circular No. 25/2021/TT-BTC.
• Organizations submitting applications for competence certificates for construction activities, individuals submitting applications for professional certificates for construction activities, apply a fee of 80% of the fee specified in Circular No. 38/2022/TT-BTC.

The Circular takes effect from December 1, 2023. The new fees apply from December 1, 2023, to December 31, 2025. From January 1, 2026, onwards, the current fee rates will be applied.

* This news is for informational purposes regarding newly enacted legal regulations and is not intended for specific case consultation or application.

We hope this information is helpful to our valued readers.

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Production and circulation of counterfeit money constitute a type of crime that, while not new, is increasingly sophisticated and prevalent. Understanding the detrimental impact of counterfeit currency on socioeconomic development, the banking sector regularly collaborates with relevant authorities to promote campaigns against counterfeit money. On December 8, 2023, the government issued Decree No. 87/2023/ND-CP, outlining measures for preventing and combating counterfeit money and safeguarding the Vietnamese currency. Notably, this decree emphasizes aspects related to the detection, seizure, and temporary confiscation of counterfeit money (‘Decree 87‘).

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In activities and transactions involving cash, the State Bank, credit institutions, branches of foreign banks, the State Treasury, police agencies, authorized military units, and customs authorities must determine whether the currency is genuine or counterfeit by comparing it with the security features of officially published Vietnamese currency by the State Bank.

• In the event of discovering counterfeit money, the aforementioned agencies and organizations shall seize and prepare a record according to Form 01 attached in the appendix issued with the Decree.
• If suspected counterfeit money is found, the mentioned agencies and organizations shall temporarily seize and prepare a record according to Form 02 in the appendix issued with the Decree.

Should institutions or individuals fail to comply or cooperate in preparing records or seizing suspected counterfeit money, the State Bank, credit institutions, branches of foreign banks, and the State Treasury shall promptly report to the nearest police authority for coordinated handling.

• Upon detecting signs related to the act of producing, hoarding, transporting, or circulating counterfeit money, institutions and individuals are responsible for reporting such criminal activities according to the procedures stipulated by criminal procedural law.

This encapsulates the entirety of the new regulations on counterfeit money prevention and control. Decree 87 will take effect from February 2, 2024.

This bulletin is solely intended to inform about newly enacted legal regulations and is not meant for advice or application in specific cases.

We hope this information is beneficial to our dear readers.

Circular No. 12/2023/TT-NHNN of the State Bank of Vietnam amends, supplements, and replaces certain provisions of Circular No. 06/2013/TT-NHNN dated March 12, 2013, by the Governor of the State Bank, providing guidance on the trading of gold bullion in the domestic market (“Circular 12”).

Now, let’s delve into the details together with Bizlawyer!

Circular 12 has made adjustments regarding the notification of transaction results as follows: The State Foreign Exchange Reserve Management Department will notify in writing the Foreign Exchange Management Department, Financial – Accounting Department, Trading Department, Issuing Department, and Reserve Department of the results of gold bullion transactions with each credit institution and enterprise after confirming the transaction. Compared to the old regulations, Circular 12 adds the requirement to notify the Trading Department.

Circular 12 has adjusted the payment period and the deadline for delivery, receipt of gold bullion as follows: The list of organizations that have fully paid for gold bullion on the day will be prepared by the State Foreign Exchange Reserve Management Department at the end of the day of confirming the transaction and at the end of the next working day after the day of confirming the transaction. Subsequently, the Department shall notify in writing the Financial – Accounting Department, Issuing Department, and Reserve Department to deliver gold bullion to credit institutions and enterprises. Immediately after the delivery and receipt of gold bullion is completed, the Issuing Department and Reserve Department shall notify in writing the State Foreign Exchange Reserve Management Department and the Trading Department to make payment to credit institutions and enterprises. According to the previous regulations, Circular No. 06/2013/TT-NHNN required notification in writing to the Trading Department for payment to credit institutions and enterprises.

Circular 12/2023/TT-NHNN takes effect from November 27, 2023.

This newsletter is for informational purposes only regarding newly issued legal regulations and is not intended for advice or application in specific cases.

We hope this information is helpful to our valued readers.

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The Procurement Law of 2023, enacted by the National Assembly on June 23, 2023, will be effective from January 1, 2024 (“Procurement Law 2023“).

The Procurement Law 2023 supplements and details certain prohibited behaviors in the procurement activities.

Below, let’s delve into the details:

• Collusion includes the following behaviors:

• Colluding, agreeing, or coercing one or more parties to prepare bidding documents or withdraw bidding documents to favor a specific winning bidder.
• Colluding or agreeing to refuse the supply of goods or services, not signing subcontracting contracts, or engaging in other forms of agreements to limit competition for a particular winning bidder.
• Contractors or investors with capacity and experience who participate in the tender and meet the requirements of the bidding documents but deliberately do not provide documents to prove their capacity and experience when requested by the inviting party to clarify the bidding documents or when asked to compare documents to facilitate a specific winning bidder.

• Obstruction includes the following behaviors:

• Destroying, deceiving, altering, concealing evidence, or reporting false facts; threatening or suggesting to any party to prevent the clarification of behaviors related to bribery, fraud, or collusion with authorities responsible for monitoring, inspecting, auditing, or conducting procurement activities.
• Obstructing authorities with jurisdiction to monitor, inspect, audit, or investigate procurement activities.
• Intentionally filing complaints, accusations, or false recommendations to obstruct procurement activities.
• Violating laws on safety, cybersecurity to intervene and obstruct online procurement activities.

This news bulletin is intended solely for informing about newly enacted legal regulations and is not intended for specific cases or advisory purposes.

We hope this information is beneficial to our valued readers.

Bizlawyer is honored to accompany our esteemed readers!