New Important policies from mid-December 2021 in Vietnam

New Important policies from mid-December 2021 in Vietnam
Bao Ngoc

LawNet would love to introduce to customers the following outstanding new policies that will come into effect from mid-December 2021 (from December 11 to December 20, 2021)

1. New entrance examination and examination fee for officials and public employees in Vietnam

Circular 92/2021/TT-BTC of Vietnam stipulating the rate of collection, payment, management and use of fees for recruitment, competition for rank promotion and promotion of officials and public employees, takes effect from December 15, 2021.

Accordingly, the fee rates for recruitment, competition for promotion and promotion of officials and public employees are regulated as follows:

- Raising the rank of specialist, main specialist and equivalent; promotion to rank II, III and IV public employee professional titles:

+ Under 100 candidates is 700,000 VND/candidate/time.

+ From 100 - 500 candidates is 600,000 VND/candidate/time.

+ From 500 candidates or more is 500,000 VND/candidate/time.

(Compared with Circular 228/2016/TT-BTC, the fee for the promotion exam for class IV officials has been added).

- Raising the rank of senior specialist and equivalent, promoting the professional title of the first-class public employee:

+ Under 50 candidates is 1.4 million VND/candidate/time.

+ From 100 to 500 candidates is 1.3 million VND/candidate/time.

+ From 500 candidates or more is 1.2 million VND/candidate/time.

- Recruitment (including entrance exam, admission examination):

+ Under 100 candidates is 500,000 VND/candidate/time.

+ From 100 - 500 candidates is 400,000 VND/candidate/time.

+ From 500 candidates or more is 300,000 VND/candidate/time.

In addition, the rate of re-examination for recruitment examination, civil servant promotion, and public employee professional title promotion is 150,000 VND/test.

2. Individuals can mobilize and call for charity donations in Vietnam

This is the new content in Decree 93/2021/ND-CP of Vietnam on mobilizing, receiving, distributing and using voluntary contributions to support overcoming difficulties caused by natural disasters, epidemics and incidents; supporting patients with serious diseases, effective from 11/12/2021.

Accordingly, organizations and individuals mobilizing, receiving and distributing voluntary contributions include:

- Vietnam Fatherland Front Committee; Committee for Mobilizing, Receiving and Distributing Voluntary Contributions (an organization established by the Standing Board of the Vietnam Fatherland Front Committee at the same level);

- Vietnam Red Cross Association;

- Ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees, district-level People's Committees, and commune-level People's Committees (when authorized by district-level People's Committees according to regulations);

- National Steering Committee on natural disaster prevention and control.

- Mass media agencies, medical facilities.

- Charity funds specified in Decree 93/2019/ND-CP.

- Enterprises, cooperatives and other organizations with legal status.

- Individuals have full civil act capacity.

Compared with the current regulations, additional cases where individuals with full civil act capacity can mobilize and call for charitable donations.

3. Increase deposit insurance payment limit from 12/12/2021 in Vietnam

This is a notable content in Decision 32/2021/QD-TTg on insurance payment limits, officially effective from 12/12/2021.

Accordingly, the maximum amount to be paid by the deposit insurance organization for all insured deposits in accordance with the Law on Deposit Insurance (including principal and interest) of a person at a participating institution. The deposit insurance premium when the insurance payment obligation arises is VND 125,000,000.

Currently, Decision 21/2017/QD-TTg stipulates the insurance amount to be paid for all insured deposits in accordance with the Law on Deposit Insurance (including principal and interest) of an individual at an institution participating in deposit insurance up to 75,000,000 VND.

Note: For deposits that have incurred the obligation to pay insurance but have not been paid according to the provisions of the Law on Deposit Insurance before December 12, 2021, the insurance payment limit shall comply with the provisions of the Law on Deposit Insurance. Decision 21/2017/QD-TTg.

4. Reduce the rate left to the fee-collecting organization for mineral activity licenses

This is a notable content in Circular 91/2021/TT-BTC of Vietnam amending and supplementing Circular 191/2016/TT-BTC stipulating the collection rate, mode of collection, payment, management and use of appraisal fees of mineral reserves and fees for granting licenses for mineral activities and Circular 56/2018/TT-BTC on fees for appraisal of environmental impact assessment reports.

Accordingly, the fee-collecting organization is allowed to leave 70% (instead of the current rate of 90%) of the collected fee to cover the costs of providing services, collecting fees and paying 30% (instead of the current rate of 10%) to the state budget; except for the case that the toll collection organization is a state agency that is not eligible to contract operating expenses from toll revenue according to Clause 2, Article 5 of Circular 191/2016/ND-CP.

The remaining fees shall be managed and used according to the provisions of Article 5 of Decree No. 120/2016/ND-CP; in there:

Other expenses related to the performance of works, services and collection of fees, including: Expenses for field inspection of mineral exploration areas, inspection, assessment and organization of appraisal and meeting meetings. Council for appraisal and assessment of mineral reserves.

Circular 91/2021/TT-BTC takes effect from December 15, 2021.

Bao Ngoc

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