Outstanding policies effective from October 2024

Prohibition of practicing social work for profit

The Government issued Decree No. 110/2024/ND-CP on social work; which specifically stipulates 6 prohibited acts in social work.

According to Decree 110/2024/ND-CP, social work is an activity to support individuals, groups, families and communities to solve social problems.

Social work subjects are individuals, groups, families and communities in need of social work services (hereinafter referred to as subjects).

Social work has the function of supporting prevention; intervention, therapy; supporting recovery and development of subjects to ensure social security and build people's happiness; contributing to ensuring the implementation of human rights, dignity, values, social justice and equality according to the provisions of law.

The Decree also clearly stipulates 6 prohibited acts in social work:

Providing, publishing, disclosing, or destroying personal information or data of a subject without the consent of the subject or guardian or representative, except in cases where a competent authority or individual requests it as prescribed by law.

Refusing to provide social work services to subjects in need of emergency protection, except in cases of force majeure as prescribed by law.

Taking advantage of providing social work services for personal gain or committing illegal acts.

Taking advantage of social work practice to take advantage of state policies and regimes and the support and assistance of organizations and individuals.

Collect expenses and benefits other than the remuneration and expenses agreed upon with the organization or individual in the social work service provision contract, unless otherwise agreed by the parties.

Taking advantage of practicing social work and providing social work services to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals.

The Decree provides specific regulations on social work services. These are services provided by organizations and individuals qualified to provide social work activities to support the resolution of social problems of individuals, groups, families and communities.

This Decree comes into force from October 15, 2024.

Regulations on the exploitation of houses and land that are public assets not used for residence

The Government issued Decree No. 108/2024/ND-CP regulating the management, use and exploitation of houses and land that are public assets not used for residential purposes and assigned to local organizations with the function of managing and trading houses for management and exploitation.

This Decree regulates the management, use and exploitation of houses and construction works attached to land which are public assets not used for residential purposes (hereinafter referred to as houses and land) assigned to organizations with the function of managing and trading local houses for management and exploitation for the purposes of: Renting houses (attached to land use rights); Temporary management while waiting for the handling of houses and land according to the provisions of law.

The Decree requires that the management, use and exploitation of houses and land must ensure efficiency, address the need for houses and land to serve the tasks of local economic and social development; be public, transparent and in accordance with the law.

The assignment of houses and land to organizations for management and business management and exploitation is carried out in the form of recording an increase in assets and the value of assets does not include the State capital component in the enterprise.

Organizations managing and trading houses; organizations and individuals renting houses; agencies, organizations and units that are arranged houses and land for temporary use must fully perform their responsibilities according to regulations.

The management, use and exploitation of houses and land must be monitored, inspected, checked and audited in accordance with the provisions of law; any violations of the law on the management, use and exploitation of houses and land must be promptly detected and strictly handled in accordance with the provisions of law.

According to regulations, the leasing of houses (associated with land use rights) by housing management and business organizations is carried out by auction, except for cases carried out by price listing method.

This Decree comes into force from October 15, 2024.

Amending and supplementing a number of new regulations on management and use of public assets

The Government issued Decree No. 114/2024/ND-CP amending and supplementing a number of articles of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Assets.

In particular, Decree No. 114/2024/ND-CP amends Article 3 of Decree No. 151/2017/ND-CP on procurement of public assets serving the operations of state agencies.

According to the new regulations, the authority, order and procedures for deciding on the procurement of public assets in cases where a project must be established shall be implemented in accordance with the provisions of other relevant laws.

The authority to decide on the purchase of public assets in cases not within the scope of the above regulations is implemented as follows:

Ministers, heads of ministerial-level agencies, government agencies, and other central agencies (ministers and heads of central agencies) prescribe the authority to decide on the procurement of public assets to serve the operations of state agencies under the management of ministries and central agencies.

Provincial People's Councils prescribe the authority to decide on the procurement of public assets to serve the operations of state agencies under local management.

Decree No. 114/2024/ND-CP stipulates that based on the scope of the assigned budget estimate and the permitted funding sources, state agencies shall organize the procurement of assets in accordance with the provisions of the law on bidding.

The organization of centralized asset procurement is carried out in accordance with the provisions of the law on bidding and the provisions of Chapter VI of this Decree.

The purchase of assets specified above does not include the purchase of services serving the operations of state agencies. The purchase of services serving the operations of state agencies shall be carried out in accordance with the provisions of relevant laws.

Decree No. 114/2024/ND-CP also adds Article 3a regulating the procurement, management and use of public assets as consumables serving the activities of state agencies. In addition, the Decree also amends Article 4 of Decree No. 151/2017/ND-CP on leasing assets serving the activities of state agencies.

This Decree comes into force from October 30, 2024.

Articles 96, 97, 98 and 99 of Decree No. 151/2017/ND-CP cease to be effective from January 1, 2025.