Highlight of Documents from July 10, 2017 - July 15, 2017

1. Guidance on Salary Calculation for Allowances in the Military

The Ministry of National Defense has issued Circular 162/2017/TT-BQP providing guidance on the implementation of Decree 151/2016/ND-CP which stipulates the calculation of monthly salary for one-time allowance policies for the following subjects:

- For professional soldiers, defense workers, and public defense employees retiring before the age limit:

The monthly salary used to calculate the one-time allowance is the average monthly salary subject to social insurance contributions for the last five years before retirement;

- For professional soldiers who are discharged, and professional soldiers, defense workers, and public defense employees serving in the Army who die or pass away:

The monthly salary used to calculate the one-time allowance is the monthly salary subject to social insurance contributions of the month immediately preceding the retirement, discharge, resignation, or death.

The monthly salary to calculate the one-time allowance includes:

- Salary by type, group, rank for professional soldiers and defense workers; group, grade, rank for public defense employees;- Leadership position allowances, seniority allowances beyond the framework, professional seniority allowances, and balance difference coefficients (if any).

Circular 162/2017/TT-BQP is effective from August 25, 2017.

2. Legal Basis Cited in Case Law When Applying Case Law in Adjudication

According to the guidance in Official Dispatch 146/TANDTC-PC, when adjudicating and resolving cases with case law, Judges and Jurors must study the case law to decide whether to cite and apply that case law.

- If applying case law, the case law number, the judgment number, and the Court's decision must contain case law, the nature and similar circumstances of the cases, and the legal issues in the case law should be cited in the "Court's Judgement" section;- If not applying case law because it is not deemed suitable (despite the parties requesting its application), clear reasons for not applying the case law must be stated in the Court's judgment or decision.

Detailed guidance can be found in Official Dispatch 146/TANDTC-PC dated July 11, 2017.

3. Implementation of the Criminal Code 2015 and Resolution 41 of the National Assembly

On July 12, 2017, the Supreme People's Court issued Official Dispatch 148/TANDTC-PC specifying the responsibilities of People's Courts at all levels in implementing the Criminal Code 2015 and Resolution 41/2017/QH14 of the National Assembly as follows:

- Review criminal cases handled by the Court or their units, and if under Clause 2, Article 2 of Resolution 41, convert the death penalty to life imprisonment, waive the remaining penalty or the entire penalty, and suspend the case;- Cooperate with the People's Procuracy, detention facilities, and execution agencies to review individuals sentenced to have their death penalty converted to life imprisonment and to be exempt from the penalty under Resolution 41 to make arrangements according to regulations.

4. Support for Co-Pay Expenses for HIV Medications for Health Insurance Card Holders

Circular 28/2017/TT-BYT issued by the Ministry of Health regulates the management of HIV medications and support for co-pay expenses for HIV medications for health insurance card holders who are HIV-positive.

Support for co-pay expenses for HIV medications is available for HIV-positive individuals with health insurance cards in both provinces that have established or have not established a Fund for Medical Examination and Treatment for the Poor or a Fund to Support HIV-positive Individuals.

- The medical facilities (CSYT) prepare budget estimates for the co-pay expenses of HIV medications for patients undergoing treatment with health insurance cards at the same time as preparing the unit's budget estimates and send them to the Department of Health;- Based on the co-pay expenses for HIV medications for patients with health insurance cards, the medical facilities compile and send them to the respective Fund or the Department of Health and Provincial Social Insurance;- The Fund or Department of Health is responsible for paying the co-pay expenses for HIV medications directly to the provincial or municipal Social Insurance agency.

See more in Circular 28/2017/TT-BYT which is effective from August 15, 2017.

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