Prominent Policies Effective from Early May 2019

1. List of 20 Permitted Employment Categories for Labor Leasing

Recently, the Government of Vietnam issued Decree 29/2019/ND-CP guiding Clause 3, Article 54 of the Labor Code on licensing labor leasing operations, depositing, and listing jobs permitted for labor leasing.

Appendix II issued with this Decree stipulates the jobs permitted for labor leasing, including but not limited to:

- Interpreter/Translator/Stenographer;- Secretary/Administrative Assistant;- Receptionist;- Tour Guide;- Sales Support;- Project Support;- Production System Programming;- Manufacturing and Installation of Television and Telecommunication Equipment;- ...

See the full list in Decree 29/2019/ND-CP effective from May 5, 2019.

2. Lawyers Violating Obligations to Participate in Mandatory Training Will Be Disciplined

This is a noteworthy content mentioned in Circular 02/2019/TT-BTP which stipulates the obligation to participate in mandatory professional training of lawyers.

Lawyers who violate the obligation to participate in training will, depending on the nature and severity of the violation, be subject to one of the following disciplinary forms:

- Reprimand;- Warning;- Suspension of membership in the Bar Association from six months to twenty-four months.

In addition to complying with the disciplinary form, lawyers are responsible for fulfilling the training obligations of that year in the following year.

In case of disagreement with the disciplinary decision on the violation of the obligation to participate in training, the lawyer has the right to appeal.

Details can be viewed at Circular 02/2019/TT-BTP which will officially take effect from May 5, 2019.

3. Change in the Calculation Formula for High School Graduation Score in 2019

Circular 03/2019/TT-BGDDT amends the National High School Examination and Recognition of High School Graduation Regulation issued with Circular 04/2017/TT-BGDDT amended by Circular 04/2018/TT-BGDDT issued by the Minister of Education and Training. This regulation changes the calculation formula for high school graduation scores in 2019 as follows:

For General Education

Graduation Score = [{(Total score of 4 exams + Total bonus points (if any))/4} x 7 + {(Average scores for the entire 12th grade) x 3}]/10 + Priority score (if any).

For Continuing Education

Graduation Score = [{(Total score of 3 exams)/3 + (Total bonus points (if any))/4} x 7 + {(Average scores for the entire 12th grade) x 3}]/10 + Priority score (if any).

Detailed content can be seen at Circular 03/2019/TT-BGDDT effective May 3, 2019.

4. Components of the Dossier for One-time Social Insurance Benefits

Vietnam Social Security has recently issued Decision 166/QD-BHXH of 2019 on the Process for resolving social insurance benefits, paying social insurance benefits, and unemployment insurance, replacing Decision 636/QD-BHXH.

The dossier for one-time social insurance benefits includes:

- Social Insurance Book;- Application form according to form No. 14-HSB;- For those going abroad to settle foreign residence, an additional copy of the document certifying the renunciation of nationality or a notarized/attested Vietnamese translation of one of the documents such as a passport issued by a foreign country; Visa issued by a competent foreign authority...;- In case of having dangerous diseases, an additional medical record extract/summary showing the condition of inability to self-serve or an assessment showing a labor capacity reduction degree of 81% or more and inability to self-serve for other diseases;- Receipts, assessment fee payment documents, assessment content list in case of reimbursement for medical assessment fees;- Personal declaration regarding the period and location of service in the army with regional allowances according to form No. 04B-HBKV.

See the full document at Decision 166/QD-BHXH effective from May 1, 2019.

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