Highlight of Notable Documents in Vietnam (from August 7 - August 12)

1. List of 20 Goods and Services Exclusively Conducted by the State

The Decree No. 94/2017/ND-CP stipulates 20 types of goods and services that can only be performed by state agencies or organizations and individuals authorized by the state to carry out commercial activities.

State monopoly in commercial activities must ensure the following principles:

- Only impose monopoly on essential goods and services that the State needs to monopolize relating to national defense, security, national interests, or other economic components that do not need or are unable to participate;

- State monopoly in commercial activities must be carried out under the supervision of state management agencies in accordance with the law;

- Ministries, ministerial-level agencies, and local authorities at various levels are not allowed to stipulate activities, goods, services, or areas subject to state monopoly in commercial activities;

- Goods, services, and areas for the purposes of national defense and security shall implement state monopoly in commercial activities according to the guidance of the Ministry of Defense and the Ministry of Public Security.

See the detailed List in Decree No. 94/2017/ND-CP which is effective from October 1, 2017.

2. Procedures and Processes for Bank Supervision from December 1, 2017

The State Bank of Vietnam issued Circular No. 08/2017/TT-NHNN on procedures and processes for bank supervision.

Bank supervision activities are carried out as follows:

- Step 1: Collect, aggregate, process, and store documents, information, and data;

- Step 2: Analyze and evaluate the supervised bank under two forms of microprudential supervision and macroprudential supervision;

- Step 3: Propose intervention and correction actions, including measures to handle bank supervision;

- Step 4: Supervise post-inspection upon receiving inspection conclusions about the supervised bank from the bank inspection unit.

See further details in Circular No. 08/2017/TT-NHNN, effective from December 1, 2017, and repealing Decision No. 398/1999/QD-NHNN3.

3. New Issuance, Reissuance of Social Insurance Books and Health Insurance Cards According to the New Form from August 1, 2017

On August 8, 2017, the Vietnam Social Security issued Official Dispatch No. 3340/BHXH-ST guiding the issuance of Social Insurance Books and Health Insurance Cards according to the Social Insurance code. Specifically:

- Replace the term "Số sổ:" (Book number)  printed on the cover and detached page of the Social Insurance Book with the term "Mã số:" (Code). For example, the cover and detached page of the Social Insurance Book previously printed "Số sổ: 0118000001" (Book number: 0118000001) are now printed as "Mã số: 0118000001" (Code: 0118000001);

- Replace the term "Số:" (No.)  printed on the Health Insurance Card with the term "Mã số:" (Code);

- The validity period of the Health Insurance Card: Only print “Validity: From…/…/…";

- The Social Insurance Book and Health Insurance Card are issued newly or reissued according to the new form from August 1, 2017.

According to Official Dispatch No. 3340, the Vietnam Social Security requests the directors of social insurance agencies in provinces and cities under central authority to inform medical examination and treatment facilities, management units of participants, and related units to properly implement the abovementioned content.

4. Guidance on Calculating and Enjoying Hazardous, Dangerous Allowances for Teachers

The Ministry of Labor, War Invalids and Social Affairs issued Circular No. 22/2017/TT-BLDTBXH, guiding the calculation and enjoyment of various allowances for teachers at public vocational education institutions.

Notably, hazardous, dangerous allowances for teachers instructing practice and integrated sectors with hazardous, dangerous subjects are stipulated in Article 12 of Decree No. 113/2015/ND-CP. Specifically:

Allowance amount = (Hazardous, dangerous allowance rate x Statutory pay rate) / (Teacher’s annual lecturing norm/12 months) x Actual practice and integrated hours of hazardous, dangerous subjects in the month.

The head of the vocational education institution is responsible for determining the allowance level for teachers instructing practice and integrated sectors with hazardous, dangerous subjects accordingly.

See additional details in Circular No. 22/2017/TT-BLDTBXH which is effective from September 25, 2017.

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