Summary of Notable Documents in the Past Week

Summary of Notable Documents in the Past Week
Duy Thinh

During the past week (from June 18, 2018 to June 23, 2018), Thu Ky Luat has updated many new documents, notably including documents such as Decree No. 88/2018/ND-CP, Decree No. 87/2018/ND-CP, Circular No. 13/2018/TT-BGDDT, Circular No. 12/2018/TT-BCT with the following prominent contents:

  1. Increase of 6.92% in pensions and allowances from July 1, 2018

This is the main content of Decree 88/2018/ND-CP which adjusts the level of pensions, social insurance benefits, and monthly allowances.

particularly increases by 6.92% on the level of pensions, social insurance benefits, and monthly allowances of June 2018 for the following subjects:

- Officials, civil servants, workers, public employees, and laborers; military personnel, police officers, and cryptographic workers receiving monthly pensions;- Commune, ward, and town officials under Decree 92/2009/ND-CP, Decree 121/2003/ND-CP, and Decree 09/1998/ND-CP;- Police officers receiving monthly allowances according to Decision 53/2010/QD-TTg;- Individuals receiving monthly allowances for occupational accidents and diseases.

Details are in Decree 88/2018/ND-CP effective from July 1, 2018.

  1. Certain prohibited acts for LPG cylinder retail stores

Decree 87/2018/ND-CP regulates gas trading activities and the conditions for gas trading in the Vietnamese market, replacing Decree 19/2016/ND-CP and abolishing Chapter V of Decree 77/2016/ND-CP.

It specifies 14 regulations that LPG cylinder retail stores must comply with. Some prohibited acts include:

- Not buying, selling LPG cylinders or LPG cylinders without origin, not meeting market circulation conditions, not complying with contracts;- Not selling mini LPG cylinders that do not ensure safety as regulated, only selling LPG cylinders of businesses with valid Certificates of Eligibility that the store has contracted with;- Not retaining LPG cylinders of businesses outside the contracted entities.

Details are in Decree 87/2018/ND-CP effective from August 1, 2018.

  1. New regulations on private preschool activities

On May 30, 2018, the Ministry of Education and Training issued Circular 13/2018/TT-BGDDT amending and supplementing the Regulation on the organization and operation of private preschools issued with Circular 13/2015/TT-BGDDT.

Specifically: Additional standards and duties for the head of the preschool group's, independent private kindergarten's specialized team have been introduced as follows:

- Possess a diploma in preschool education or higher; good health; meet the standards of job titles and professional standards for preschool teachers;- Perform tasks of managing childcare and educational activities according to the preschool education program such as:- Organizing the development and implementation of child education plans;- Inspecting and supervising the nurturing, caring, and educational activities for children at the preschool group or independent private kindergarten.

For the owner of the preschool group or independent private kindergarten, if they meet the requirements in terms of qualifications, health, job title standards, and professional standards mentioned above, they can serve as the head of the specialized team.

Circular 13/2018/TT-BGDDT is effective from July 15, 2018.

  1. Detailed regulations on the issuance of Import Licenses under tariff quotas

Circular 12/2018/TT-BCT provides detailed regulations on certain provisions of the Law on Foreign Trade Management and Decree 69/2018/ND-CP regarding the implementation of the Law on Foreign Trade Management.

provides detailed regulations on the issuance of Import Licenses under tariff quotas as follows:

Regarding documentation: Carried out following the provisions of point a, point b, clause 1, Article 9 of Decree 69/2018/ND-CP, specifically:

- Application for import tariff quotas: 01 original copy;- Investment certificate or Business registration certificate or Enterprise registration certificate: 1 stamped copy from the trader.

Regarding the process:

- The trader submits 1 set of documents directly or via post or online to the Ministry of Industry and Trade (Import and Export Department).- If the documentation is incomplete or not conformable, within 3 business days from the receipt of the documents, the Ministry of Industry and Trade will notify the trader for completion.- Resolution time: 10 business days from the date of allocation and the Ministry of Industry and Trade receives a complete and compliant document set.

In case of non-issuance, the Ministry of Industry and Trade will respond to the trader in writing, clearly stating the reasons.

Circular 12/2018/TT-BCT is effective from June 15, 2018.

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