Notable new policies of Vietnam effective from the end of December 2023

Notable new policies of Vietnam effective from the end of December 2023
Trần Thanh Rin

Official implementation of the reform of salary policies from July 1, 2024; 11 acts of domestic violence performed by cohabiting couples; etc., are notable policies that will be covered in this bulletin.

1. Vietnam to officially carry out the reform salary policies from July 1, 2024 

On November 10, 2023, the National Assembly of Vietnam approved Resolution No. 104/2023/QH15 on state budget estimates in 2024 in the 6th meeting session, which mentions the implementation of salary policies. 

Specifically, from July 1, 2024, the comprehensive reform of salary policies shall be carried out according to Resolution No. 27-NQ/TW 2018 of the 7th meeting of the 12th CPV Central Committee (the budget for salary reform is guaranteed by the cumulative sources for salary reform of the central budget, local budget, and allocation from expenditure estimates to balance the state budget); adjustments to pensions, social insurance allowances, monthly allowances, and preferential allowances for meritorious persons and several social security policies associated with the base salaries shall also be carried out.  

Regarding central state administrative authorities and units performing specific regulations on finance and income management: 

- From January 1, 2024 to the end of June 30, 2024: the monthly increase in salary and income shall be calculated based on the base salary of 1,8 million VND per month under specific regulations to ensure they do not exceed the eligible increased salary and income in December 2024 (excluding the increased salary and income due to adjustments to salary coefficient or grades due to pay grade increase or promotion in 2024).

In the case of calculation based on the principle mentioned above, if the increased salary and income in 2024 based on specific regulations are lower than the salary prescribed by the general regulation, comply with the general regulation to ensure laborers’ rights.

- From July 1, 2024: Every specific regulation on finance and income management of state administrative authorities and units shall be annulled, and the synchronous regulation on salaries, allowances, and income shall be applied. The application of current specific regulations on recurrent expenditures according to specific regulations on the management of finance (expenditures on operations, capacity improvement, modernization, professional operation assurance, etc.) of state administrative authorities and units shall be discontinued.

The Government of Vietnam is assigned to organize the implementation and submit reports to the National Assembly of Vietnam in the 8th meeting session. 

See more details in Resolution No. 104/2023/QH15, approved on November 10, 2023. 

2. New regulation of Vietnam on 11 domestic violence acts performed by cohabiting couples

On November 1, 2023, the Government of Vietnam promulgated Decree No. 76/2023/ND-CP on elaboration on some Articles of the Law on Prevention and Combat against Domestic Violence 2022

According to the Decree, acts considered to be domestic violence applicable to cohabiting couples include:

(1) Acts prescribed in Points a, b, c, k, and m Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence 2022.

(2) Forcing sexual intercourse against the will of others.

(3) Isolating or holding others in custody.  

(4) Illegally forcing others to leave their legal residence.

(5) Discriminating against others’ body, gender, sexuality, and capability.

(6) Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity.

(7) Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure.

(8) Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters.

(9) Neglecting and deserting others. 

(10) Forcing or obstructing marriage. 

(11) Forcing others to overwork, over-study, or make financial contributions more than they can afford; controlling property and income of others to create a state of physical or mental dependence.

Decree No. 76/2023/ND-CP comes into force as of December 25, 2023. 

3. New regulation of Vietnam on debt rescheduling, exemption, or reduction of state investment credit interest from December 22, 2023 

This is a content of Decree No. 78/2023/ND-CP dated November 7, 2023 on amendments to Decree No. 32/2017/ND-CP on state investment credit promulgated by the Government of Vietnam. 

According to the Decree, debt rescheduling, exemption, or reduction of state investment credit interest from December 22, 2023 shall be carried out as follows: 

(1) Vietnam Development Bank (VDB) shall consider deciding the debt rescheduling at the request of a client and results of VDB’s assessment of client's solvency. To be specific:

- If the client is incapable of making due repayment of the outstanding principal and/or outstanding interest and assessed by VDB as having capacity for fully repaying the outstanding principal and/or outstanding interest in the adjusted repayment period, VDB shall consider adjusting the period of repayment of that outstanding principal and/or outstanding interest as appropriate to the client’s source of financing for debt repayment without prejudice to the loan term;

- If the client is incapable of paying off outstanding principal and/or outstanding interest in full within the agreed loan term, and is assessed by the cooperative fund as having capacity for fully repaying the outstanding principal and/or outstanding interest within a specified period of time following the said loan term, VDB shall consider extending the period of debt repayment as appropriate to the client’s source of financing for such debt repayment.

(2) According to VDB’s financial status and client’s solvency, VDB shall consider the deciding debt rescheduling, exemption or reduction of loan interest.

(3) VDB shall provide guidance on applications and procedures for debt rescheduling, exemption or reduction of loan interest as prescribed in (1) and (2).

See more details in Decree No. 78/2023/ND-CP, effective as of December 22, 2023. 

4. 4 conditions for organizing groundbreaking rites or ceremonies, and inauguration ceremonies for works with funding from state budget in Vietnam 

On November 8, 2023, the Prime Minister of Vietnam promulgated Decision No. 27/2023/QD-TTg on the organization of groundbreaking rites or ceremonies and inauguration ceremonies for works. 

According to the Decision, the following conditions shall be met to organize groundbreaking ceremonies and the inauguration ceremonies for works with funding from the state budget: 

- Groundbreaking rites for works shall be organized when investors, agencies, or organizations assigned to prepare schemes (hereinafter referred to as "investors") receive the handover of sites or stage-based handover of sites from competent authorities and the related projects have been approved in compliance with the related competence and regulations.

- Groundbreaking ceremonies for works shall be organized when the conditions for starting the construction prescribed in Clause 1 Article 107 of the Law on Construction 2014, amended by Clause 39 Article 1 of the amended Law on Construction 2020, are met. 

- Inauguration ceremonies shall be organized after the related works have been tested by competent state authorities, meeting the prescribed requirements. 

- A project may organize one groundbreaking rite or groundbreaking ceremony and one inauguration ceremony for the related work. 

Decision No. 27/2023/QD-TTg comes into force as of December 25, 2023. 

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