Highlights of Legal Documents for Last Week (from January 14, 2019 to January 19, 2019)

1. New regulations regarding official vehicles for state leaders

The Government of Vietnam issued Decree 04/2019/ND-CP stipulating the standards and norms for using official vehicles, effective from February 25, 2019.

The following four positions are entitled to the regular use of an official car, even after retirement, without a price limit:

- General Secretary of the Central Committee of the Communist Party;- President;- Prime Minister of Vietnam;- Chairman of the National Assembly.

For the following positions, they are entitled to the regular use of an official car during their tenure:

- Member of the Politburo, Secretary of the Central Committee of the Communist Party;- Vice President, Deputy Prime Minister of Vietnam, Vice Chairman of the National Assembly;- Chairman of the Central Committee of the Vietnam Fatherland Front, Chairman of the Central Inspection Commission;- Chief Justice of the Supreme People's Court, Chief Procurator of the Supreme People's Procuracy;- Secretary of the Hanoi City Party Committee, Secretary of the Ho Chi Minh City Party Committee, equivalent positions, and;- Positions with a starting salary coefficient of 10.4 or higher.

1. Application of new business registration forms for enterprises and household businesses

On January 08, 2019, the Ministry of Planning and Investment issued Circular 02/2019/TT-BKHDT amending and supplementing Circular 20/2015/TT-BKHDT guiding the registration of enterprises.

From March 11, 2019, 86 new forms for the registration of enterprises and household businesses will be applied, including:

- The application for business registration and accompanying lists (applicable to private enterprises, limited liability companies, joint-stock companies, partnership companies);- Notice of changes to business registration contents; change of legal representative; change of owner of a private enterprise;- Notice of change of seal sample/number of seals of the enterprise/branch/representative office;- Application for household business registration;- Certificate of business registration; Certificate of operation registration for branches/representative offices, Certificate of business location registration;- …

The above forms will be uniformly used nationwide, replacing the forms in Circular 20/2015/TT-BKHDT.

1. Regime for the civil defense force when sick, injured, or deceased

According to the provisions of Decree 02/2019/ND-CP regarding civil defense force activities, the civil defense force will receive the following policies when sick, injured, or deceased:

For those participating in social insurance (BHXH) and health insurance (BHYT):

- If sick, injured, or deceased during training, they will receive policies on sickness, occupational accidents, and death as stipulated by labor, social insurance (BHXH), health insurance (BHYT), and occupational safety and health (ATVSLD) laws;- In case of using stimulants harmful to health or using drugs or other addictive substances contrary to law, they will not be eligible for policies.

For those not participating in social insurance (BHXH) and health insurance (BHYT):

- If sick: During mobilized training or duty, they will be reimbursed for medical examination and treatment costs similar to those participating in social insurance.

If they need to continue treatment after the mobilized duty period: If extended treatment is required for 15 days, 50% of the treatment costs will be reimbursed and 30% for the next 15 days, with a total reimbursement period not exceeding 30 days.- If injured: Medical costs for initial emergency treatment until stabilization will be reimbursed;- If deceased: In case of death during treatment, they will receive funeral allowance similar to those participating in social insurance.

In case of death due to recurrence of an injury, the person responsible for the funeral will receive a funeral expense allowance of 10 times the statutory pay rate.

1. Contents of the term deposit agreement between a credit institution and a customer

The State Bank of Vietnam issued Circular 49/2018/TT-NHNN stipulating term deposits, effective from July 05, 2019.

Upon the occurrence of term deposit transactions, the credit institution and the customer must agree on at least the following contents:

- Information of the customer and the credit institution;- Amount, currency, deposit term, deposit date, maturity date;- Interest rate, interest payment method;- Agreement on early withdrawal, extension of the deposit term;- Information on the payment account that the customer uses to deposit or receive term deposit payments;- Handling in cases where the customer's payment account is frozen, closed, temporarily locked, and when there are changes in the account status;- Measures for the customer to check the term deposit;- Handling cases of torn, lost, or damaged term deposit agreements;- Rights and obligations of the customer and the credit institution;- Validity of the agreement.

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