New legal documents come into effect as from June 2016
14:27 07/06/2016
There are a range of legal documents of the Vietnamese Government, the Prime Minister and ministries coming into effect as from June 2016, as follows:
1. Decree No. 21/2016/ND-CP dated 31 March 2016 of the Government regulating the specialized inspection by social insurance agencies of contributions to social insurance, medical insurance and unemployment insurance took effect as from 1 June 2016.
According to the Decree, General department of Social Insurance and provincial departments of social insurance shall conduct specialized inspections of insurance contributions. In addition, such inspections shall verify contributors, level and method of contribution to social insurance.
2. Decree No. 26/2016/ND-CP dated 6 April 2016 of the Government providing subsidies and allowances for cadres, public employees and laborers who work in establishment managing drug addicts and detoxified persons and public social assistance establishments took effect as from 1 June 2016.
According to the Decree, the duration during which job-based allowance is not granted shall be:
- The duration of an overseas trip for work or training, during which 40% of the salary is paid as per Section 4, Article 8, Decree No. 204/2004/ND-CP.
- The duration of a local trip for training in more than 3 continuous months, during which the state employee does not carry out professional assignments in a direct manner.
- The duration of an interrupted unpaid leave that lasts in 1 month or more.
- The duration of a leave during which no contribution to social insurance is made as per legal regulations on social insurance.
- The duration of detention or suspension from all or professional tasks for 1 month or more.
- The duration of a business trip as decided by a competent agency, during which the person concerned does not carry out professional tasks in 1 month or more.
3. Decree No. 27/2016/ND-CP dated 6 April 2016 of the Government providing a number of regimes and policies for in-service and demobilized non-commissioned officers and soldiers and their relatives took effect as from 1 June 2016. According to the Decree:
- An aid of VND 3,000,000 per incident is granted when an accident, fire or natural disaster leads to house destruction, displacement or severe damage to assets (02 aids per year at most for a non-commissioned officer or soldier).
- An aid of VND 500,000 per person is granted when a related person suffers from illness in 1 month or more or receives treatment from a hospital in 7 days or more (02 aids per year for each related person of a non-commissioned officer or soldier).
- An aid of VND 2,000,000 per person is granted when a related person of a non-commissioned officer or soldier on active service is killed on duty, passes away or goes missing.
4. Decree No. 28/2016/ND-CP dated 20 April 2016 of the Government amending a number of articles of the Government’s Decree No. 56/2014/ND-CP of 30 May 2014, and Decree No. 18/2012/ND-CP of 13 March 2012, on the road maintenance fund will take effect as from 5 June 2016.
5. Decree No. 29/2016/ND-CP dated 21 April 2016 of the Government amending and supplementing a number of articles of the Government’s Decree No. 160/2007/ND-CP of October 30, 2007, providing the traditional banner, insignia, badge and attire of the People’s Public Security force will take effect as from June 2016.
According to the Decree, clothes for spring-summer wear include suit-like jacket, K-shaped collar, short sleeves, 4 patch pockets on the front of male jacket and 2 on female jacket; aiguillette passing through the right shoulder strap. The color of buttons is golden. While national emblem is engraved on buttons of a general's jacket, 5-pointed star between two rice branches with two letters "CA” underneath are engraved on buttons for officers at company and field grade.
Clothes for Fall-winter wear include suit-like jacket, K-shaped collar, long sleeves, under vest, 4 patch pockets on the front of male jacket and 2 on female jacket; white long-sleeve shirt with ends, black tie, aiguillette passing through the right shoulder strap.
6. Decree No. 30/2016/ND-CP dated 28 April 2016 of the Government detailing investments from the social insurance, health insurance and unemployment insurance funds Government will take effect as from 16 June 2016.
7. Decree No. 31/2016/ND-CP dated 6 May 2016 of the Government on sanctioning of administrative violations in the fields of plant varieties and plant protection and quarantine will take effect as from 25 June 2016.
According to the Decree, the fine from VND 10-15 million will be applied for violations of (i) production of industrial crops, perennial fruit trees by asexual methods is not from trees or from trees line the first bullet was get to the scale below 5,000 seedlings; and (ii) production of forest seeds do not use the propagating material from maternal plants, initial plants garden, nurseries or seed stands have been recognized with a capacity of under 10,000 seedlings.
Acts of violating production to commercial varieties not on the list of plant varieties permitted for production and trading in Vietnam or not by the Ministry of Agriculture and Rural Development in recognition of new plant varieties will be fined from VND 20-30 million.
8. Decree No. 32/2016/ND-CP dated 6 May 2016 of the Government approving master planning for the network of mixed-use airports, civilian airports, and military airports will take effect as from 26 June 2016.
According to the Decree, the Minister of National Defense is authorized to approve planning schemes for the network of special-purpose airports, landing strips on ground and on water, and airspace.
Meanwhile, the General Staff of the Vietnam People’s Army is empowered to issue planning of non-basic, fixed-surface military airports, civilian airports, mixed-used airports, and special air fields that are used as the basis for province-level people’s committees and related agencies to make plans for urban planning and the construction of high-rise residential buildings and industrial infrastructure in order to ensure height management is in compliance with legal regulations.
The Minister of Transport is authorized to approve detailed planning schemes for airports nationwide, except for special-purpose airports, and can approve planning schemes for radio stations.
The Decree also stipulates that determining areas for military airports, civil airports, mixed-use airports, landing strips on ground and water, airspace, and radio stations must comply with legal regulations on land protection and safeguarding national defense projects and military areas as well as provisions on height stated in the Decree.
9. Decree No. 33/2016/ND-CP dated 10 May 2016 of the Government detailing and guiding a number of articles of the Law on Social Insurance regarding compulsory social insurance for army-men, people’s public security officers and persons engaged in cipher work who enjoy salaries like army-men will take effect as from 26 June 2016
10. Decision No. 19/2016/QD-TTg dated 6 May 2016 of the Prime Minister promulgating the Regulation on responsibilities of and coordination among state management agencies in the struggle against smuggling, trade fraud and counterfeit goods Prime Minister will take effect as from 21 June 2016.
Accordingly, Chair-persons of People’s Committees of cities, provinces under the Central Government take full responsibility for directing and organizing the fight against smuggling, commercial fraud and counterfeit products in localities under their management. Heads of local Steering Committees for Combating and Controlling Smuggling, Commercial Fraud and Counterfeit Products (Steering Committees 389) help the Chair-persons of People’s Committees of cities and provinces under the Central Government take measures to combat smuggling, commercial fraud and fakes.
During conducting the tasks assigned by the Government, Prime Minister and Head of the National Steering Committee 389, the ministers, heads of ministerial level agencies and the Government's sub-ordinary units, Chair-persons of People’s Committees of cities and provinces under the Central Government are responsible for urging cooperation of their sub-ordinary agencies. In particular, they shall detail the standing agencies and the cooperating agencies to ensure comprehensive leadership, conduct the fight against smuggling, commercial fraud and counterfeit products effectively in each field and area, and take responsibility for their assignment.
11. Decision No. 20/2016/QD-TTg dated 11 May 2016 of the Prime Minister providing financial support for activities against smuggling, trade fraud and counterfeit goods and payment of expenses for management and disposal of confiscated assets according to regulations against smuggling, trade fraud and counterfeit goods Prime Minister will take effect as from 26 June 2016.
12. Beside the documents mentioned as above, other legal normative documents also come into effect as from June 2016, including:
- Circular No. 52/2016/TT-BTC dated 21 March 2016 of the Ministry of Finance guiding the supply of universal life insurance products took effect as from 1 June 2016.
- Circular No. 59/2016/TT-BQP dated 21 April 2016 of the Ministry of National Defense providing provisions on receptions of citizens at the Ministry of Defense will take effect as from 6 June 2016.
- Circular No. 12/2016/TT-BGDDT dated 22 April 2016 of the Ministry of Education and Training on application of information technology to online training management and organization will take effect as from 9 June 2016.
- Circular No. 65/2016/TT-BTC dated 26 April 2016 of the Ministry of Finance providing for the collection, payment management and use of charges applying for securities operations at the stock exchanges and the Vietnam Securities Depository will take effect as from 10 June 2016.
- Circular No. 66/2016/TT-BTC dated 29 April 2016 of the Ministry of Finance guiding the implementation of Decree No. 12/2016/ND-CP dated 19 February 2016 on environmental protection charges for mineral exploitation will take effect as from 13 June 2016.
- Circular No. 04/2016/TT-BLDTBXH dated 28 April 2016 of the Ministry of Labour - Invalids and Social Affairs on promulgation of the framework of detoxification consult training course will take effect as from 15 June 2016.
- Circular No. 67/2016/TT-BTC dated 29 April 2016 of the Ministry of Finance amending, supplementing a number of articles of Circular No. 111/2007/TT-BTC on guidelines for the implementation of regulations on the financial management of the Vietnam Development Bank will take effect as from 20 June 2016.
- Circular No. 12/2016/TT-BTTT dated 5 May 2016 of the Ministry of Information and Communication providing provisions on the appointment of laboratories which join the mutual recognition agreement on conformity assessment with respect to telecommunication and information technology products will take effect as from 30 June 2016.
- Joint Circular No. 14/2016/TTLT-BGDDT-BLDTBXH-BTC dated 5 May 2016 of the Ministry of Education and Training, the Ministry of Labour - Invalids and Social Affairs and the Ministry of Finance guiding the implementation of Decision No. 152/2007/QĐ-TTg dated 14 September 2007 of the Prime Minister will take effect as from 21 June 2016.
- Joint Circular No. 64/2016/TTLT-BTC-BVHTTDL dated 25 April 2016 of the Ministry of Finance and the Ministry of Culture, Sports and Tourism on guidelines for the implementation of national (one door) policy on importing children toys which belong to the management scope of Ministry of Culture, Sports and Tourism will take effect as from 15 June 2016./.
According to the Decree, General department of Social Insurance and provincial departments of social insurance shall conduct specialized inspections of insurance contributions. In addition, such inspections shall verify contributors, level and method of contribution to social insurance.
2. Decree No. 26/2016/ND-CP dated 6 April 2016 of the Government providing subsidies and allowances for cadres, public employees and laborers who work in establishment managing drug addicts and detoxified persons and public social assistance establishments took effect as from 1 June 2016.
According to the Decree, the duration during which job-based allowance is not granted shall be:
- The duration of an overseas trip for work or training, during which 40% of the salary is paid as per Section 4, Article 8, Decree No. 204/2004/ND-CP.
- The duration of a local trip for training in more than 3 continuous months, during which the state employee does not carry out professional assignments in a direct manner.
- The duration of an interrupted unpaid leave that lasts in 1 month or more.
- The duration of a leave during which no contribution to social insurance is made as per legal regulations on social insurance.
- The duration of detention or suspension from all or professional tasks for 1 month or more.
- The duration of a business trip as decided by a competent agency, during which the person concerned does not carry out professional tasks in 1 month or more.
3. Decree No. 27/2016/ND-CP dated 6 April 2016 of the Government providing a number of regimes and policies for in-service and demobilized non-commissioned officers and soldiers and their relatives took effect as from 1 June 2016. According to the Decree:
- An aid of VND 3,000,000 per incident is granted when an accident, fire or natural disaster leads to house destruction, displacement or severe damage to assets (02 aids per year at most for a non-commissioned officer or soldier).
- An aid of VND 500,000 per person is granted when a related person suffers from illness in 1 month or more or receives treatment from a hospital in 7 days or more (02 aids per year for each related person of a non-commissioned officer or soldier).
- An aid of VND 2,000,000 per person is granted when a related person of a non-commissioned officer or soldier on active service is killed on duty, passes away or goes missing.
4. Decree No. 28/2016/ND-CP dated 20 April 2016 of the Government amending a number of articles of the Government’s Decree No. 56/2014/ND-CP of 30 May 2014, and Decree No. 18/2012/ND-CP of 13 March 2012, on the road maintenance fund will take effect as from 5 June 2016.
5. Decree No. 29/2016/ND-CP dated 21 April 2016 of the Government amending and supplementing a number of articles of the Government’s Decree No. 160/2007/ND-CP of October 30, 2007, providing the traditional banner, insignia, badge and attire of the People’s Public Security force will take effect as from June 2016.
According to the Decree, clothes for spring-summer wear include suit-like jacket, K-shaped collar, short sleeves, 4 patch pockets on the front of male jacket and 2 on female jacket; aiguillette passing through the right shoulder strap. The color of buttons is golden. While national emblem is engraved on buttons of a general's jacket, 5-pointed star between two rice branches with two letters "CA” underneath are engraved on buttons for officers at company and field grade.
Clothes for Fall-winter wear include suit-like jacket, K-shaped collar, long sleeves, under vest, 4 patch pockets on the front of male jacket and 2 on female jacket; white long-sleeve shirt with ends, black tie, aiguillette passing through the right shoulder strap.
6. Decree No. 30/2016/ND-CP dated 28 April 2016 of the Government detailing investments from the social insurance, health insurance and unemployment insurance funds Government will take effect as from 16 June 2016.
7. Decree No. 31/2016/ND-CP dated 6 May 2016 of the Government on sanctioning of administrative violations in the fields of plant varieties and plant protection and quarantine will take effect as from 25 June 2016.
According to the Decree, the fine from VND 10-15 million will be applied for violations of (i) production of industrial crops, perennial fruit trees by asexual methods is not from trees or from trees line the first bullet was get to the scale below 5,000 seedlings; and (ii) production of forest seeds do not use the propagating material from maternal plants, initial plants garden, nurseries or seed stands have been recognized with a capacity of under 10,000 seedlings.
Acts of violating production to commercial varieties not on the list of plant varieties permitted for production and trading in Vietnam or not by the Ministry of Agriculture and Rural Development in recognition of new plant varieties will be fined from VND 20-30 million.
8. Decree No. 32/2016/ND-CP dated 6 May 2016 of the Government approving master planning for the network of mixed-use airports, civilian airports, and military airports will take effect as from 26 June 2016.
According to the Decree, the Minister of National Defense is authorized to approve planning schemes for the network of special-purpose airports, landing strips on ground and on water, and airspace.
Meanwhile, the General Staff of the Vietnam People’s Army is empowered to issue planning of non-basic, fixed-surface military airports, civilian airports, mixed-used airports, and special air fields that are used as the basis for province-level people’s committees and related agencies to make plans for urban planning and the construction of high-rise residential buildings and industrial infrastructure in order to ensure height management is in compliance with legal regulations.
The Minister of Transport is authorized to approve detailed planning schemes for airports nationwide, except for special-purpose airports, and can approve planning schemes for radio stations.
The Decree also stipulates that determining areas for military airports, civil airports, mixed-use airports, landing strips on ground and water, airspace, and radio stations must comply with legal regulations on land protection and safeguarding national defense projects and military areas as well as provisions on height stated in the Decree.
9. Decree No. 33/2016/ND-CP dated 10 May 2016 of the Government detailing and guiding a number of articles of the Law on Social Insurance regarding compulsory social insurance for army-men, people’s public security officers and persons engaged in cipher work who enjoy salaries like army-men will take effect as from 26 June 2016
10. Decision No. 19/2016/QD-TTg dated 6 May 2016 of the Prime Minister promulgating the Regulation on responsibilities of and coordination among state management agencies in the struggle against smuggling, trade fraud and counterfeit goods Prime Minister will take effect as from 21 June 2016.
Accordingly, Chair-persons of People’s Committees of cities, provinces under the Central Government take full responsibility for directing and organizing the fight against smuggling, commercial fraud and counterfeit products in localities under their management. Heads of local Steering Committees for Combating and Controlling Smuggling, Commercial Fraud and Counterfeit Products (Steering Committees 389) help the Chair-persons of People’s Committees of cities and provinces under the Central Government take measures to combat smuggling, commercial fraud and fakes.
During conducting the tasks assigned by the Government, Prime Minister and Head of the National Steering Committee 389, the ministers, heads of ministerial level agencies and the Government's sub-ordinary units, Chair-persons of People’s Committees of cities and provinces under the Central Government are responsible for urging cooperation of their sub-ordinary agencies. In particular, they shall detail the standing agencies and the cooperating agencies to ensure comprehensive leadership, conduct the fight against smuggling, commercial fraud and counterfeit products effectively in each field and area, and take responsibility for their assignment.
11. Decision No. 20/2016/QD-TTg dated 11 May 2016 of the Prime Minister providing financial support for activities against smuggling, trade fraud and counterfeit goods and payment of expenses for management and disposal of confiscated assets according to regulations against smuggling, trade fraud and counterfeit goods Prime Minister will take effect as from 26 June 2016.
12. Beside the documents mentioned as above, other legal normative documents also come into effect as from June 2016, including:
- Circular No. 52/2016/TT-BTC dated 21 March 2016 of the Ministry of Finance guiding the supply of universal life insurance products took effect as from 1 June 2016.
- Circular No. 59/2016/TT-BQP dated 21 April 2016 of the Ministry of National Defense providing provisions on receptions of citizens at the Ministry of Defense will take effect as from 6 June 2016.
- Circular No. 12/2016/TT-BGDDT dated 22 April 2016 of the Ministry of Education and Training on application of information technology to online training management and organization will take effect as from 9 June 2016.
- Circular No. 65/2016/TT-BTC dated 26 April 2016 of the Ministry of Finance providing for the collection, payment management and use of charges applying for securities operations at the stock exchanges and the Vietnam Securities Depository will take effect as from 10 June 2016.
- Circular No. 66/2016/TT-BTC dated 29 April 2016 of the Ministry of Finance guiding the implementation of Decree No. 12/2016/ND-CP dated 19 February 2016 on environmental protection charges for mineral exploitation will take effect as from 13 June 2016.
- Circular No. 04/2016/TT-BLDTBXH dated 28 April 2016 of the Ministry of Labour - Invalids and Social Affairs on promulgation of the framework of detoxification consult training course will take effect as from 15 June 2016.
- Circular No. 67/2016/TT-BTC dated 29 April 2016 of the Ministry of Finance amending, supplementing a number of articles of Circular No. 111/2007/TT-BTC on guidelines for the implementation of regulations on the financial management of the Vietnam Development Bank will take effect as from 20 June 2016.
- Circular No. 12/2016/TT-BTTT dated 5 May 2016 of the Ministry of Information and Communication providing provisions on the appointment of laboratories which join the mutual recognition agreement on conformity assessment with respect to telecommunication and information technology products will take effect as from 30 June 2016.
- Joint Circular No. 14/2016/TTLT-BGDDT-BLDTBXH-BTC dated 5 May 2016 of the Ministry of Education and Training, the Ministry of Labour - Invalids and Social Affairs and the Ministry of Finance guiding the implementation of Decision No. 152/2007/QĐ-TTg dated 14 September 2007 of the Prime Minister will take effect as from 21 June 2016.
- Joint Circular No. 64/2016/TTLT-BTC-BVHTTDL dated 25 April 2016 of the Ministry of Finance and the Ministry of Culture, Sports and Tourism on guidelines for the implementation of national (one door) policy on importing children toys which belong to the management scope of Ministry of Culture, Sports and Tourism will take effect as from 15 June 2016./.