Highlights of Notable Documents from the Past Week (from May 21, 2023 to May 26, 2023)

1. Guidance on the Starting Point of Probation Period for Suspended Sentences

On May 15, 2018, the Judicial Council of the People's Supreme Court approved Resolution 02/2018/NQ-HDTP, guiding the application of Article 65 of the Criminal Code on suspended sentences.

The regulation specifies the starting point for calculating the probation period for offenders granted suspended sentences in specific cases as follows:

- If the trial court grants a suspended sentence and the judgment is not appealed or protested following appellate procedures, the probation period starts from the date of the trial court's judgment;- If both the trial court and the appellate court grant a suspended sentence, the probation period starts from the date of the trial court's judgment;- If the trial court does not grant a suspended sentence but the appellate court does, the probation period starts from the date of the appellate court's judgment;- …

For details, see Resolution 02/2018/NQ-HDTP, effective from July 1, 2018.

1. Resolution of Divorce Cases Involving Disputed Security Assets

Resolution 03/2018/NQ-HDTP guides the application of simplified procedures in resolving disputes over the obligation to deliver security assets and disputes over the right to dispose of security assets of bad debts at the People's Court. Accordingly:

- When resolving a divorce case, particularly before there is a decision to bring the case to a trial, if one party requests resolution of disputed security assets of bad debts that are properties of the couple, the court can separate this request to resolve in another case following simplified procedures.- Disputes over security assets of bad debts are disputes over the obligation to deliver security assets and disputes over the right to dispose of security assets of bad debts as stipulated in Clause 1, Article 8 of Resolution 42/2017/QH14.

See additional illustrative examples in Resolution 03/2018/NQ-HDTP, effective from July 1, 2018.

1. Formulation, Design of 05 New Salary Scales for Vietnamese Officials, Public Employees, and Laborers

This notable reform is presented in Resolution 27-NQ/TW on reforming salary policies for officials, public employees, armed forces, and laborers in enterprises.

The resolution proposes a plan to formulate and promulgate a new salary scale system based on job positions, titles, and leadership positions to replace the current salary scale system, including:

- 01 salary scale for leadership positions of officials and public employees elected or appointed from the central to the communal level;- 01 professional and career-oriented salary scale for officials and public employees according to rank and title, applicable to officials and public employees not holding leadership positions, with several salary levels for each rank and title;- 3 salary scales for the armed forces, including:- 01 salary scale for military officers, police officers, and police ranks (according to positions, titles, and military or police rank);- 01 salary scale for professional military personnel and technical police specialists;- 01 salary scale for national defense workers and police workers.

1. From 2021, Laborers are Entitled to Retire 5 Years Earlier than the Stipulated Age

According to Resolution 28-NQ/TW on May 23, 2018, concerning the reform of social insurance policies, the Central Committee clarifies the reform content when adjusting the retirement age incrementally as follows:

Adjusting the retirement age must align with economic conditions, job creation, unemployment issues; not adversely affecting the labor market; ensuring the quantity, quality, and structure of the population; gender equality;

From 2021, the retirement age will be adjusted with the goal of incrementally increasing the general retirement age and gradually narrowing the gender gap in retirement age regulations. Laborers employed in special industries or occupations are entitled to retire 5 years earlier or later than the stipulated retirement age.

1. Considering Position and Power Buying a Corrupt Act

With the goal of eliminating the malpractice of buying positions and power by 2020, the Central Committee has outlined numerous tasks and solutions in Resolution 26-NQ/TW dated May 19, 2018, as follows:

- Determinedly ensuring that undeserving individuals and those buying positions and power do not infiltrate the ranks of strategic-level cadres;- Strictly and promptly handling organizations and individuals violating Communist Party discipline and state laws; abusing power to aid in buying positions and power;- Recognizing the severe harm of position and power buying, considering it a corrupt act in personnel work. Resolutely fighting against expressions and acts of buying positions and power.

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