8 New and Important Policies Effective at the Beginning of December 2017

From the beginning of December 2017, several new policies officially come into effect. Thu Ky Luat would like to highlight some of the most important and notable policies:

  1. Some changes in the Certificate of Land Use Right from December 5

Circular 33/2017/TT-BTNMT amends Circular 23/2014/TT-BTNMT related to the Certificate of Land Use Right (LUR), house ownership, and other assets attached to the land.

Effective from December 5, 2017:

- Information about the LUR holder and the owner of the assets attached to the land on page 1 of the Certificate: A new provision allows the use of an identity card as a civilian ID card;- Display information about the parcel on page 2 of the Certificate:- For households using the land, it is to be noted "Household, including Mr." or "Household, including Mrs.";- In case of joint land use and co-ownership of the assets attached to the land, record the full information of the other members in the household who share the LUR;- Add a provision to record the origin of land use when recognizing LUR for land that legally transferred LUR from others where such land falls under policies of land allocation with land use fee.

  1. 10 salary grades for cipher ranks applied from December 1

The Ministry of Home Affairs issued Circular 07/2017/TT-BNV guiding the implementation of salary policies for personnel working in cipher organizations receiving salary and allowance from the state budget.

Effective from December 1, personnel working in cipher organizations under the payroll receiving salary from the state budget apply the salary coefficient (SC) corresponding to each salary grade as follows:

- Grade 1: 4.20 (Equal to the SC of rank Second Lieutenant);- Grade 2: 4.60 (Equal to the SC of rank Lieutenant);- Grade 3: 5.00 (Equal to the SC of rank Senior Lieutenant);- Grade 4: 5.40 (Equal to the SC of rank Captain);- Grade 5: 6.00 (Equal to the SC of rank Major);- Grade 6: 6.60 (Equal to the SC of rank Lieutenant Colonel);- Grade 7: 7.30 (Equal to the SC of rank Colonel);- Grade 8: 8.00 (Equal to the SC of rank Senior Colonel);- Grade 9: 8.60 (Equal to the SC of rank Brigadier General);- Grade 10: 9.20 (Equal to the SC of rank Major General).

Circular 07/2017/TT-BNV replaces Inter-ministerial Circular 24/2005/TTLT-BNV-BTC.

  1. Post-inspection of business establishments after receiving Certificate of sufficient ANTT conditions

This is a new provision added in Circular 42/2017/TT-BCA of the Ministry of Public Security guiding Decree 96/2016/ND-CP on security and order conditions (ANTT) for certain conditional business and investment sectors.

Effective from the date of issuance of the Certificate of sufficient ANTT conditions for a business establishment, the competent police authority will conduct policy post-inspection of the business establishment within 60 days, based on the following contents:

- Inspect conditions relating to the person responsible for ANTT at the business establishment (only applicable when suspected), through verification of personal history using forms DK4a or DK4b;- Directly inspect ANTT conditions at the business establishment.

If a business establishment is found to fail any security and order conditions, it will be required to cease operation and rectify violations of ANTT conditions within 40 days.

Circular 42/2017/TT-BCA is effective from December 6, 2017.

  1. New application of 30 forms for resolution, record on traffic violations from December 1

Circular 37/2017/TT-BGTVT officially took effect from December 1, 2017, attaching forms of records and decisions used in handling administrative violations (AV) in the road and railway traffic sectors.

There are 20 forms of decisions and 10 forms of records. Compared to the current regulations, some new forms are added, for example:

- Decision on temporary seizure of exhibits, AV vehicles, licenses, professional practice certificates in the road and railway traffic sectors;- Decision to return seized exhibits, AV vehicles, licenses, professional practice certificates;- Decision on temporary suspension of AV resolution;- Decision to terminate temporary suspension of AV resolution;- Decision to assign AV handling authority;- Decision to assign enforcement of AV handling decisions;- Decision to amend, supplement AV handling decision;- Decision to correct AV handling decision;- Decision to cancel AV handling decision.

  1. Circular 259/2017/TT-BQP on allowance policies, conference expenses for agencies and units under the Ministry of National Defense, effective from December 2, 2017;
  2. Circular 05/2017/TT-BNG guiding foreign protocol and receiving foreign guests visiting localities, effective from December 1, 2017;
  3. Circular 101/2017/TT-BTC guiding Decree 06/2017/ND-CP on horse and dog race betting and international football betting business, effective from December 1, 2017;
  4. Circular 102/2017/TT-BTC guiding Decree 03/2017/ND-CP on casino business, effective from December 1, 2017.

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