Highlights of Legal Documents for Last Week (from October 15, 2023, to October 20, 2023)

1. Guidance on Mandatory Social Insurance Contribution for Foreign Workers

On October 15, 2018, the Government of Vietnam promulgated Decree 143/2018/ND-CP detailing the Law on Social Insurance (SI) and the Law on Occupational Safety and Hygiene regarding mandatory social insurance for employees who are foreign citizens working in Vietnam.

Notably, the cases in which foreign workers in Vietnam are eligible for a lump-sum SI benefit are as follows:

- Reaching the retirement age but lacking 20 years of SI contributions;- Suffering from life-threatening diseases such as cancer, polio, ascites due to cirrhosis, leprosy, severe tuberculosis, or HIV/AIDS as specified by the Ministry of Health;- Being eligible for a pension but no longer residing in Vietnam;- Terminating labor contracts or when their work permits, practicing certificates, or practicing licenses expire without extension.

The lump-sum SI benefit for these subjects is equivalent to 2 months' average monthly salary for each year of contribution from 2014 onwards.

See details in Decree 143/2018/ND-CP effective from December 1, 2018.

1. Exemption of Tuition Fees for 5-Year-Old Kindergarten Children in Difficult Areas from the 2018-2019 School Year

The Government of Vietnam issued Decree 145/2018/ND-CP adding subjects eligible for tuition exemption under Article 7 of Decree 86/2015/ND-CP as follows:

5-year-old kindergarten children in areas with particularly difficult socio-economic conditions, whose parents, a parent, a caregiver, or themselves reside in specially difficult communes, ethnic minority and mountainous areas, seaside or island areas as stipulated by the Prime Minister and competent authorities.

Accordingly:

- Parents or caregivers of 5-year-old kindergarten children eligible for tuition exemption shall submit a Request for Tuition Exemption (as per the form in Decree 145) and the application as per point a clause 1 Article 5 of Decree 06/2018/ND-CP;- In cases where 5-year-old kindergarten children eligible for tuition exemption also qualify for lunch support under clause 1 Article 3 of Decree 06/2018/ND-CP, parents only need to submit an additional Request for Tuition Exemption.

Decree 145/2018/ND-CP is effective from December 1, 2018. The policy of tuition exemption for 5-year-old kindergarten children is implemented from the 2018-2019 school year.

1. Cases Allowing Actors to Use Tobacco on Stage

According to Circular 25/2018/TT-BVHTTDL on restricting the image of actors using tobacco in theatrical and cinematic works, actors are permitted to use tobacco in stage works if the use is for the purpose of:

- Portraying a historical figure;- Reenacting a specific historical period;- Criticizing and condemning tobacco use;- Other artistic purposes approved by competent authorities based on the recommendation of the Art Council.

Note: When using tobacco for artistic purposes, actors should not actually smoke on stage.

See detailed Circular 25/2018/TT-BVHTTDL effective from November 15, 2018, replacing Circular 02/2014/TT-BVHTTDL.

1. Adjustment of Postal Rates from December 1, 2018

According to Circular 12/2018/TT-BTTTT, from December 1, 2018, the maximum rates for basic domestic postal services will change as follows:

- Weight step up to 20g: VND 4,000 (currently VND 3,000)- Weight step over 20g to 100g: VND 6,000 (currently VND 4,500);- Weight step over 100g to 250g: VND 8,000 (currently VND 6,000).- Each subsequent 250g up to 2,000g: VND 2,000.

The new rates apply universally to both waterway and air transport, differing from the current regulation where rates vary by transport method.

See detailed rates in Circular 12/2018/TT-BTTTT replacing Circular 20/2013/TT-BTTTT.

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