Highlights of Vietnam's legislative documents from the past week (from October 22, 2023 to October 27, 2023)

1. Addition of Eligible Participants in Health Insurance under Household Regulation in Vietnam

The Government of Vietnam has officially promulgated Decree No. 146/2018/ND-CP detailing and guiding the implementation of the Law on Health Insurance.

Decree 146 supplements the following subjects who are eligible to join the health insurance group under household regulation (in addition to those whose names are in the household registration book or temporary residence book as per current regulations):

- Religious dignitaries, office holders, and clergy members;

- Individuals living in social protection establishments, except for those belonging to groups specified in Articles 1, 2, 3, 4, and 6 of Decree 146 who are not supported by the state budget to pay health insurance.

Additionally, Decree 146 also adds new groups participating in health insurance paid by the employer, including:

- Relatives of workers and public defense employees serving in the Army;

- Relatives of police workers serving in the People's Police;

- Relatives of employees performing other tasks in cipher organizations.

For further details, refer to Decree 146/2018/ND-CP, which is effective from December 1, 2018.

1. Key Points to Note in Employment Contracts in Vietnam from December 15, 2018

The Government of Vietnam issued Decree No. 148/2018/ND-CP amending and supplementing Decree No. 05/2015/ND-CP detailing and guiding the implementation of some contents of the Labor Code, to be officially applied from December 15, 2018.

According to the new regulations, the contents of employment contracts concluded prioritize the agreement between the employee and the employer, specifically in aspects such as:

- Salary grade and promotion regime: According to the agreement between both parties on conditions, time, salary levels after grade and promotion, or agreed to be implemented according to the employer's regulations, collective labor agreement;

- Working hours and rest periods: According to the agreement between both parties or agreed to be implemented according to the labor regulations, employer's regulations, collective labor agreement, and legal provisions;

- Provision of labor protection equipment for employees: According to labor regulations, employer's regulations, collective labor agreement, and laws on occupational safety and hygiene.

1. Organizing Confidence Votes in the Vietnam People's Councils at the End of 2018

According to Guidance No. 321/HD-UBTVQH14 of the Standing Committee of the National Assembly (UBTVQH) guiding the organization of confidence votes in the People's Councils at all levels for the term 2016-2021:

- During the term 2016-2021, the People's Councils at all levels hold a confidence vote once in the regular meeting at the end of 2018;

- The process of taking confidence votes in the People's Councils follows the provisions in Clause 2, Article 63 of the Law on Supervision Activities of the National Assembly and People's Council and Article 9 of Resolution No. 85/2014/QH13.

- Specifically, for the People's Councils at the commune level where no Delegate Group is established, the Standing Committee of the commune-level People's Council decides the division into groups for delegates to discuss and exchange issues related to taking confidence votes before proceeding.

For further details, refer to Guidance No. 321/HD-UBTVQH14, which is effective from October 2, 2018.

1. Issuance of Professional Ethics Rules for Auctioneers in Vietnam

Circular No. 14/2018/TT-BTP on the Professional Ethics Rules for Auctioneers has been issued by the Ministry of Justice on October 16, 2018, and comes into effect on December 12, 2018.

Auctioneers are strictly prohibited from the following violations:

- Colluding, connecting, receiving, or demanding any money or other benefits from auction participants to suppress prices and falsify auction results;

- Disclosing information known about auction participants and the prices offered by them before the auction results are announced in case the auction is conducted by indirect voting;

- Discriminating or individually treating apprentices that they are guiding;

- Demanding material or spiritual benefits from auction apprentices.

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