Important policies of Vietnam take effect from the beginning of October 2021

Important policies of Vietnam take effect from the beginning of October 2021
Bảo Ngọc

LawNet would love to introduce to customers the following outstanding new policies that will take effect from the beginning of October 2021 (from October 1 to October 10, 2021):

1. New points on annual leave of Vietnamese professional soldiers from October 10, 2021

Circular 109/2021/TT-BQP of Vietnam amending and supplementing Circular 113/2016/TT-BQP stipulating the leave regime of professional soldiers, national defense workers and employees, takes effect from October 10, 2021.

From October 10, 2021, professional military personnel, workers and defense officers stationed in units far from their families in remote, isolated and border areas from 300km or more away from their families are entitled to an additional 10 days of annual leave.

Currently, military personnel, workers and defense officers stationed in remote areas, border areas 300km to 500km away from their families are only entitled to an additional 5 days of annual leave.

Especially, due to the requirements of their duties, professional soldiers, workers and defense officers are not allowed to take annual leave from their units or have not taken all the annual leave as prescribed, from October 10, 2021, the unit commander will consider and decide to take the previous year's compensatory leave instead of enjoying the regime specified in Clause 1, Article 38 of the Law on professional servicemen and women, national defense workers and officials of Vietnam

In particular cases, the unit commander still cannot arrange for a leave of absence, the professional servicemen, national defense workers and officials may consider and pay salary for the number of days not taking annual leave under regulations specified in Clause 3, Article 2 of Circular 13/2012/TT-BQP(Current regulations will be paid an additional amount in wages for non-holiday days).

2. 05 criteria for consideration and approval of winning bids for social housing construction investment projects in Vietnam

Circular 09/2021/TT-BXD guiding Decree 100/2015/ND-CP and Decree 49/2021/ND-CP on development and management of social housing, effective from October 1, 2021.

The winning investor of the social housing construction investment project is the investor with the highest total score of criteria on a scale of 100 according to the following regulations:

- Criteria for financial capacity to implement the project: from 20 to 30 points.

- Criteria for planning and architectural solutions: from 15 to 25 points.

- Criteria for investment in the construction of technical and social infrastructure: from 10 to 20 points;

In case the project has the technical and social infrastructure, investors will get maximum points.

- Criteria for experience in implementing housing construction investment projects: from 5 to 15 points.

- Criteria for the progress of the project, putting the work into use: from 5 to 10 points.

In case the total points of the criteria are equal, the investor with the higher criteria in the above order shall be selected to ensure the principle that the previous content has already been met by the contractor, the latter will not be considered.

3. Additional cases of free road use from October 1, 2021

This is a notable content in Circular 70/2021/TT-BTC stipulating the collection rate, mode of collection, payment, exemption, management and use of road user fees, effective from October 1, 2020. 2021.

Additional special cars (satellite communication vehicles, bulletproof vehicles, anti-terrorism and anti-riot vehicles and other special cars of the Ministry of Public Security of Vietnam) are free to road use for payers for special-use vehicles of units under the organizational system of the people's police.

In addition, the special-use vehicles of the following units of the People's Police organization system are also free to use the road for toll payers:

-  Traffic cars of the traffic police, which have the following traits: a rotary strobe is fitted on the cars’ roof and the word “CẢNH SÁT GIAO THÔNG” (TRAFFIC POLICE) is exhibited on both sides of their body.

- Police cars of the 113 unit, which display the word: "CẢNH SÁT 113" (113 POLICE) on both sides of their body.

- Mobile police cars that show the word: "CẢNH SÁT CƠ ĐỘNG" (MOBILE POLICE) on both sides of their body..

- Vans with seat-fitted covered body, which transport police personnel on duty.

- Prisoner transport vehicles, rescue vehicles.

See more cases of free road use in Circular 70/2021 of Vietnam.

4. Maximum term of license to use radio frequencies

Circular 04/2021/TT-BTTTT of Vietnam detailing and guiding procedures for granting licenses to use radio frequencies; leasing or lending radio equipment; share radio frequencies.

Specifically, the term of a license is granted at the request of an organization or individual but must not exceed the maximum duration below:

+ For the license to use radio frequencies and equipment: 10 years

+ For band license: 15 years

+ For the license to use satellite orbit and frequency: 20 years

The total term of the initial grant and renewals of the license shall not exceed the maximum term specified for each respective type of license.

In case a license is granted for the first time with the maximum term specified for the corresponding license type, it may be considered for a maximum extension of 01 year.

Currently, Clause 3, Article 4 of Circular 05/2015/TT-BTTTT of Vietnam stipulates that With regard to initial licenses to use radio frequencies, duration of the license is according to the request of organizations and individuals and does not exceeds the maximum duration for each type of license and conforms with radio frequency planning. If duration of an initial license is the maximum duration for such type of license, such license will get extension for not exceeding 1 year.

Circular 04/2021/TT-BTTTT of Vietnam takes effect from October 1, 2021.

Bao Ngoc

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