Summary of Notable Documents from Last Week (from May 20, 2019 to May 25, 2019)

1. Direct BHYT Payment Rate According to Current Regulations

On May 16, 2019, Vietnam Social Security issued Official Dispatch No. 1602/BHXH-CSYT regarding the application of the statutory pay rate according to Decree 38/2019/ND-CP.

The direct payments of BHYT based on the statutory pay rate stipulated in Article 30 of Decree 146/2018/ND-CP are as follows:

- 0.15 times the statutory pay rate equivalent to 223,500 VND (two hundred twenty-three thousand five hundred VND);- 0.5 times the statutory pay rate equivalent to 745,000 VND (seven hundred forty-five thousand VND);- 1.0 times the statutory pay rate equivalent to 1,490,000 VND (one million four hundred ninety thousand VND);- 2.5 times the statutory pay rate equivalent to 3,725,000 VND (three million seven hundred twenty-five thousand VND).

Detailed content can be viewed at Official Dispatch No. 1602/BHXH-CSYT issued on May 16, 2019.

2. Conditions for Trial Operation of Waste Treatment Projects

The Government of Vietnam issued Decree No. 40/2019/ND-CP amending and supplementing certain articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.

Accordingly, Decree No. 40 specifies conditions that project owners, who are required to invest in the construction and installation of waste treatment works, must meet to put independent waste treatment project items into trial operation as follows:

- Have completed waste treatment works based on approved reports or adjusted environmental impact assessment reports;- Have completed installation of automatic and continuous waste monitoring equipment and systems to supervise wastewater and exhaust gas quality as prescribed by law;- Have operational processes for the project's waste treatment works, ensuring compliance with environmental protection requirements;- Have as-built documents of the waste treatment works that have been handed over and inspected in accordance with construction law;- Prepare and submit the trial operation plan for waste treatment works to the provincial specialized agency at least 20 days before the start of the trial operation.

More details can be found in Decree No. 40/2019/ND-CP effective as of July 01, 2019.

3. Pension, Social Insurance Allowances, and Monthly Allowances Increased by 7.19%

This is a notable content regulated in Decree No. 44/2019/ND-CP adjusting pensions, social insurance allowances, and monthly allowances

From July 01, 2019, an increase of 7.19% on the pension, social insurance allowances, and monthly allowances of June 2019 for the following subjects:

- Vietnamese officials and public employees and workers; military personnel, public security officers, and cryptographers currently receiving monthly pensions;- Commune, ward, and township officials under Decree No. 92/2009/ND-CP, Decree No. 121/2003/ND-CP, and Decree No. 09/1998/ND-CP;- Persons currently receiving monthly labor loss allowances, persons currently receiving monthly allowances;- Commune, ward, and township officials currently receiving monthly allowances according to Decision No. 130/CP and Decision No. 111-HDBT;- Military personnel receiving monthly allowances under Decision No. 142/2008/QD-TTg and Decision No. 38/2010/QD-TTg;- Public security officers receiving monthly allowances under Decision No. 53/2010/QD-TTg;- Military personnel, public security officers, cryptographers receiving pensions equivalent to military personnel, public security officers receiving monthly allowances under Decision No. 62/2011/QD-TTg;- Persons receiving monthly labor accident and occupational disease allowances.

Decree No. 44/2019/ND-CP officially takes effect from July 01, 2019.

4. Using International Tour Guides without Contracts Fined up to 15 Million VND

This is one of the notable points in Decree No. 45/2019/ND-CP stipulating administrative sanctions in the field of tourism issued by the Government of Vietnam on May 21, 2019.

To be specific, the use of international tour guides without labor contracts with travel service businesses or tourism guide service providers, or who are not members of professional social organizations for tour guides as stipulated, will be fined from 10,000,000 VND to 15,000,000 VND.

Additionally, foreigners conducting tourism guide activities in Vietnam will be fined from 30,000,000 VND to 50,000,000 VND.

Specifically, the fine for using international tour guides applies to organizations, while the fine for the tour guide activities of foreigners applies to individuals.

See additional penalties for other violations in Decree No. 45/2019/ND-CP effective from August 01, 2019.

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