03 Prominent Decrees Effective from September 15

Below, Thu Ky Luat would like to introduce 3 prominent new Decrees from September 15, 2016. To be specific::

I. Amendments to Salary Regulations for Officials and Public Employees

Decree 117/2016/ND-CP amending Decree 204/2004/ND-CP concerning salary policies for officials and public employees as well as armed forces (LLVT) come into effect on September 15, 2016, with some notable provisions as follows:

  1. Supplementing Regulations on the Timeframe for Salary Promotion in Military and Rank Levels

The timeframe for salary promotion is regulated as follows:

- 4 years for military rank levels for officers with general ranks, major ranks, and captains;- 3 years for senior lieutenants.

  1. Salary Arrangement for High-Level Lecturers Appointed as Professors

Supplementing the Professional Salary Scale for officials and public employees in state public service providers (Table 3) attached to Decree 204/2004/ND-CP for public employees currently holding the salary rank of high-level lecturer appointed as professors.

- In cases where the highest salary level of the high-level lecturer position has not been reached, they are promoted by one adjacent rank from the appointment date as a professor, with the next salary promotion period starting from the date of maintaining the old salary rank.- In cases where they have already reached the highest salary level of the high-level lecturer position, they will be given an additional 3 years (36 months) to calculate the seniority allowance beyond the framework from the date the appointment decision is signed.

  1. Supplementing Leadership Position Allowance Coefficients for Organizations under Departments under Ministries

The decree stipulates leadership position allowance coefficients as follows:

- Leadership position allowance coefficients for Departments under Ministries: Department Head (1.00); Deputy Department Head (0.80); Divisional Head and equivalent organizations (0.60); Deputy Divisional Head and equivalent organizations (0.40);- Leadership position allowance coefficients for organizations under Departments under Ministries: Director (0.60); Deputy Director (0.40); Divisional Head (0.30); Deputy Divisional Head (0.20).

II. Fines Up to 50 Million VND for Selling Expired Chemicals

Decree 115/2016/ND-CP effective from September 15, 2016, amends Decree 163/2013/ND-CP on administrative penalties in the fields of chemicals, fertilizers, and industrial explosives, imposing fines ranging from 40,000,000 VND to 50,000,000 VND for the following violations:

- Trading in expired chemicals, insecticidal and disinfectant preparations for domestic and medical use;- Trading in chemicals and preparations not matching registered and approved standards by the Ministry of Health;- Trading in chemicals and preparations not yet certified for circulation in Vietnam with quantities of 1,000 kilograms (or liters) of finished products or more;- Trading in prohibited chemicals and preparations for domestic and medical use in Vietnam with quantities from 30 kilograms (or liters) to under 50 kilograms (or liters) of finished products.

III. Conditions for Issuing a Tissue Bank Operating License

According to Decree 118/2016/ND-CP amending Decree 56/2008/ND-CP conditions for issuing tissue bank (NHM) operating licenses effective from September 15, 2016:

- Having a Decision on establishment or being listed in the organizational structure document of the medical establishment for state NHM; Enterprise certificate for private NHM.- Must have technical rooms, laboratories, general administrative areas, record management, and counseling sections.- Minimum personnel:- Manager with professional qualifications as per Clause 4, Article 35 of the 2006 Law on Donation, Removal, and Transplantation of Human Tissues and Organs and Donation, Removal of Cadavers;- 1 doctor or bachelor of testing with a medical practice certificate (KB, CB);- 2 medical technologists or nurses graduated from secondary level and above in the medical field, with medical practice certificates (KB, CB);- 1 administrative staff.- Having adequate equipment as listed in Appendix I attached to Decree 118.

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