New policies effective from September 2019

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No criminal prosecution for evading insurance payments before 2018

Resolution 05/2019/NQ-HDTP of the Council of Judges of the Supreme People's Court providing detailed guidance on the Crime of Social Insurance Fraud will take effect from September 1, 2019.

According to the Resolution, acts of evading social insurance, health insurance, and unemployment insurance payments committed before 0:00 on January 1, 2018 will not be criminally prosecuted under Article 216 of the Penal Code.

In case this act has not been administratively sanctioned and the statute of limitations for administrative sanction has not expired, the competent authority shall consider sanctioning the administrative violation.

If an administrative violation has been sanctioned but the sanctioned person deliberately evades or delays, the statute of limitations for enforcing the sanction decision shall be calculated from the time the evasive or delaying behavior ends.

Remuneration for primary vocational teachers is maximum 2 million VND/person/session

This is the amended content in Circular 40/2019/TT-BTC issued by the Ministry of Finance.

Accordingly, the remuneration for teachers and vocational trainers participating in elementary level training and training under 3 months is stipulated as follows:

- Full-time teachers working at State training institutions are entitled to receive salaries and allowances according to the salaries currently enjoyed by lecturers and teachers;

- For vocational teachers not in the above cases, the remuneration level will be proposed by the Head of the agency, not exceeding 2 million VND/person/session.

This Circular takes effect from September 1, 2019.

List of goods that must go through customs procedures at the import gate

These are: Cigarettes, tobacco products; Alcohol, beer produced from malt; Passenger cars with less than 16 seats; Playing cards; Joss paper; Imported goods according to the List affecting national defense and security; Imported goods from countries and territories with warnings about the risk of epidemics...

This list is issued with Decision 23/2019/QD-TTg of the Prime Minister, effective from September 1, 2019.

Arbitrarily renting public cars, fine up to 20 million VND

Decree 63/2019/ND-CP of the Government stipulates administrative sanctions for violations in the field of management and use of public assets; practicing thrift and combating waste from September 1, 2019.

This Decree clearly states that cases of renting out office buildings or public cars without an approval decision will be subject to a fine of 15 - 20 million VND.

Fines of up to 20 million VND for cases of arbitrarily selling off cars when the project ends, without approval decision.

Conditions for conversion from rice land to annual crop land

Decree 62/2019/ND-CP amending Decree 35/2015/ND-CP on management and use of rice-growing land stipulates the conditions for conversion from rice cultivation to annual crop cultivation, perennial crop cultivation or rice cultivation combined with aquaculture, as follows:

- Does not destroy suitable conditions for growing rice again; does not pollute or degrade rice-growing land...

- In accordance with the crop restructuring plan of the commune level;

- In case of rice cultivation combined with aquaculture, it is allowed to use a maximum of 20% of the rice-growing land area to lower the ground level for aquaculture; the depth of the lowered ground level must not exceed 120 cm...

This Decree takes effect from September 1, 2019.

Adding 16 animal species to the List of rare and prioritized species for protection

Among the 16 animal species added to this List are: Big-headed turtle, crocodile lizard, yellow-tailed gecko, crested pheasant, large spotted civet, northern zebra palm civet, reticulated civet... Only wild buffalo is no longer in this List.

Three plant species were added to the List: Barberry, small-leaved barberry, and long-leaved barberry.

This is the content of Decree 64/2019/ND-CP, effective from September 5, 2019.

Karaoke bars are only open until 0:00 a.m.

Decree 54/2019/ND-CP on karaoke and discotheque business, effective from September 1, 2019, stipulates: To open a karaoke bar, a business or business household must be established. The area of ​​the singing room must be from 20m2 or more, excluding ancillary works; the door latch must not be placed inside the singing room.

For dance halls, the area must be from 80m2 or more, excluding auxiliary works; The location of the dance hall must be from 200m or more away from schools or hospitals.

Regarding closing time, karaoke bars are only allowed to operate until midnight, and dance clubs are allowed to operate until 2 a.m. Both services are not allowed to open before 8 a.m.

Funding sources for 2019 salary increase in localities

Circular 46/2019/TT-BTC provides guidance on determining the needs, sources and methods of spending to adjust the basic salary as follows:

Funding sources for 2019 salary increase in localities include:

- The source of saving 10% of the estimated regular expenditure in 2019 increased compared to 2018 according to the budget allocation decision of the Ministry of Finance;

- Source of 50% increase in local budget revenue, excluding land use fees and lottery revenue, compared to the assigned 2018 budget estimate;

- 50% of the State budget will be reduced to support regular activities in the administrative sector and public service units...

This Circular takes effect from September 6, 2019.

Monthly allowance for discharged soldiers increased by 7.19%

According to Circular 106/2019/TT-BQP of the Ministry of National Defense, from July 1, 2019, there will be an increase of 7.19% on the monthly allowance of June for demobilized and discharged soldiers; people working in secret service receiving salaries like demobilized and discharged soldiers...

The allowance ranges from VND 1,891 million/month to VND 2,235 million/month depending on the year of service,

The Circular takes effect from September 8, 2019.

Fine up to 300,000 VND for setting up tents or stalls in irrigation works

On September 9, 2019, Decree 65/2019/ND-CP amending Decree 104/2017/ND-CP regulating administrative sanctions for violations in the field of natural disaster prevention and control; protection of irrigation works took effect.

This Decree prescribes a number of penalties for violators of regulations on safety protection of irrigation works as follows:

- Making tents, stalls, walls; illegally constructing temporary structures within the protection area of ​​irrigation works: Fine of 100,000 - 300,000 VND;

- Illegal construction of brick kilns, lime kilns, and barns for raising livestock and poultry: Fine of 5 - 10 million VND.

- Fines of 30 - 50 million VND for the following acts: Building houses, auxiliary works, bridges... and other solid works illegally within the protection area of ​​irrigation works that are not yet subject to criminal prosecution.

Salary guide for civil servants in the clerical sector

Circular 10/2019/TT-BNV guides salary classification for civil servant ranks specializing in clerical work as follows:

- Main clerk has salary coefficient from 4.40 to 6.78

- Clerical staff have salary coefficient from 2.34 to 4.98

- Intermediate clerical staff has salary coefficient from 1.86 to 4.06.

This Circular takes effect from September 20, 2019.

Online business registration is free of charge

Circular 47/2019/TT-BTC issued by the Ministry of Finance stipulates: In case of registering a business online, the business registration fee is exempted.

This Circular takes effect from September 20, 2019.

Vocational education lecturers have the highest salary coefficient of up to 8.0

On September 26, 2019, Circular 12/2019/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs will take effect.

The main content of this Circular is the regulation on salary coefficient of vocational education officials. Specifically:

- Senior vocational education lecturer: Salary coefficient from 6.20 to 8.00;

- Main vocational education lecturer: Salary coefficient from 4.40 to 6.78.

- Lecturer of theoretical vocational education: Salary coefficient 2.34 to 4.98

- Practical vocational education lecturer: Salary coefficient 2.10 to 4.89.

Standards for Head and Deputy Head of Education Department

According to Circular 10/2019/TT-BGDDT, the Head and Deputy Head of the Education Department must meet the following standards:

- Graduated from a university of education or graduated from a university and have a certificate of pedagogical training;

- Have at least 05 years of working experience in the education sector;

- Have a certificate of training program for department heads and deputy department heads of education and training according to regulations;

- Have the ability to forecast, think strategically, orient development and summarize practices; the ability to manage change, the ability to process information and communicate...

The Circular takes effect from September 30, 2019./.