New Prominent Policies Effective from Mid-September 2017

1. New Regulations on Evaluation, Classification of Vietnamese Official and Public Employee from September 15

Decree 88/2017/ND-CP (effective from September 15, 2017) amends Decree 56/2015/ND-CP on the evaluation and classification of officials and public employees (Vietnamese official and public employee). Accordingly:

- Regarding the timing of the evaluation and classification of Vietnamese official and public employee: It stipulates that the evaluation and classification of Vietnamese official and public employee shall be conducted before the annual commendation and reward appraisal.- Regarding the procedures and processes for evaluating public employees who are deputy leaders:- The head of the agency/unit, after consulting the suggestions at points b and c Clause 1 Article 24 of Decree 56, will decide on the evaluation and classification for the deputies appointed by them.- If the deputies are not appointed by them, the head of the agency/unit, after taking suggestions and comments, will propose to the head of the directly superior agency/unit for consideration and decision on the evaluation and classification.- The criteria for scientific works are removed when classifying the evaluation of public employees at the levels of successfully completing tasks and completing tasks.

1. Fines up to 2 Million VND for Concealing Sick Animals

Decree 90/2017/ND-CP stipulates the fines for violations regarding animal disease prevention as follows:

- Fines from 1 to 2 million VND for actions such as discovering and knowing about the animals being sick, showing signs of illness, or dying due to infectious diseases but:- Concealing it;- Not reporting or reporting not promptly to the commune-level People's Committee, the nearest specialized veterinary management agency, or the commune-level veterinary staff.- Fines from 5 to 6 million VND for any of the following actions:- Transporting or discarding sick livestock, poultry, or their products into the environment;- Selling infected breeding animals.

Refer to Decree 90/2017/ND-CP which takes effect from September 15, 2017.

1. Special Allowances for Teachers Teaching Integrated Subjects

The Ministry of Labor, War Invalids, and Social Affairs issued Circular 22/2017/TT-BLDTBXH guiding the calculation and entitlement of special allowances, hazardous, toxic, and dangerous allowances for teachers teaching integrated subjects; teachers teaching practicals as follows:

- Special Allowance = {[Salary coefficient according to grade, class, rank + leadership allowance coefficient, exceeding seniority allowance (if any) currently enjoyed] × Statutory pay rate} / (Norm of teaching hours of teachers in a year / 12 months) × The actual number of integrated, practical teaching hours in the month × 10%.- Hazardous, Toxic, Dangerous Allowance = (Entitled hazardous, toxic, dangerous allowance × Statutory pay rate) / (Norm of teaching hours of teachers in a year / 12 months) × The actual number of practical, integrated teaching hours of heavy, toxic, dangerous subjects in the month.

Refer for additional calculation methods and entitlement for responsibility allowances, preferential allowances for specialized/non-specialized teachers teaching disabled students in Circular 22/2017/TT-BLDTBXH effective from September 25, 2017.

1. Determining Value of Land Use Rights, Land Rent Reimbursed Due to Land Reclamation

This content is guided in Circular 80/2017/TT-BTC of the Ministry of Finance, effective from September 15, 2017.

The determination of the value of land use rights, land rent, and assets attached to the land reimbursed upon state land reclamation applies to the following subjects:

- Persons whose land is reclaimed due to violations of land laws specified at points c and g Clause 1 Article 64 Land Law;- Persons voluntarily returning land as prescribed at point c Clause 1 Article 65 of the Land Law;- Persons whose land is reclaimed has land originating from state leasing with annual land rent payment but has paid land rent for many years in advance to the state as specified in Clause 3 Article 4 Decree 01/2017/ND-CP.

State-owned enterprises, agencies, organizations, and units that have their land reclaimed and have to relocate to a new facility will also have detailed guidance on the compensation for assets and support money in this Circular 80.

1. Circular 02/2017/TT-NHNN stipulates factoring activities of credit institutions, foreign bank branches, effective from September 30, 2017;
2. Circular 23/2017/TT-BGTVT stipulates titles, tasks according to the titles of seafarers, and the registration of seafarers working on Vietnamese ships, effective from September 15, 2017.

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