Weekly Highlights of Legal Documents in Taxation, Insurance, and Land领域

1. Update on Decree 01 Amending and Supplementing the Decrees Guiding the Land Law

On January 06, 2017, the Government of Vietnam issued Decree 01/2017/ND-CP amending and supplementing 03 Decrees guiding the Land Law as follows:

- Decree 43/2014/ND-CP guiding the implementation of the Land Law;- Decree 44/2014/ND-CP on land pricing;- Decree 47/2014/ND-CP on compensation, support, and resettlement when the State recovers land.

Details of the amended and supplemented articles and clauses can be found in Decree 01/2017/ND-CP, which takes effect from March 3, 2017.

1. Conditions for Support Consideration for Production Farmers Suffering Damage

According to Decree 02/2017/ND-CP issued by the Government of Vietnam on January 09, 2017, regarding mechanisms and policies to support agricultural production to restore production in areas damaged by natural disasters and epidemics, production households suffering damage from natural disasters are considered for support when all the following conditions are met:

- Production is not contrary to the planning, plans, and agricultural production guidelines of the local authorities;- Initial declaration registration is confirmed by the Commune People’s Committee for concentrated livestock and aquaculture or a quarantine certificate (if any);- Damage occurs after having fully and promptly implemented preventive and response measures to natural disasters and epidemics as guided and directed by specialized agencies and local authorities;- The time of damage occurrence is confirmed by the local Steering Committee for Disaster Prevention and Search and Rescue.

Decree 02/2017/ND-CP takes effect from February 25, 2017.

1. Many Cases Exempt from Advance Court Fee and Court Fee Payment

According to Resolution 326/2016/UBTVQH14 issued by the Standing Committee of the National Assembly on December 30, 2016, many cases are exempt from advance court fee and court fee payment, such as:

- Employees filing a lawsuit to claim wages, allowances (unemployment, severance), social insurance, compensation for work-related accidents, occupational diseases; resolving damage compensation or wrongful dismissal, unlawful termination of labor contracts;- Individuals requesting child support, determining parentage for minors or legally incapacitated adults;- Individuals filing complaints against administrative decisions, administrative acts related to administrative measures for education at communes, wards, commune-level towns;- Individuals requesting compensation for life, health, honor, dignity, and reputation;- Children; individuals from poor and near-poor households; elderly people; disabled people; people who have contributed to the revolution; ethnic minorities in particularly difficult socio-economic areas; relatives of martyrs granted the Certificate of Martyrs' Families.

1. Ensuring Payment of Treatment Costs for Patients When Health Insurance Cards Expire

According to Official Dispatch 5276/BHXH-CSYT dated December 28, 2016, regarding ensuring the rights and obligations of patients under health insurance (HI) when undergoing treatment but the HI card expires, patients who are undergoing treatment but have an expired HI card are still covered by Vietnam Social Security for medical examination and treatment (MET) costs. Specifically:

- Participants in HI who are undergoing inpatient treatment at MET facilities but whose HI cards expire will still enjoy HI benefits until discharge;- Participants in HI who are in the middle of outpatient treatment but whose HI cards expire will still enjoy HI benefits for that outpatient treatment session.

At the same time, Vietnam Social Security also regulates the reissuance of HI cards for patients undergoing treatment but whose HI cards expire and the issuance of Receipt Notices to replace HI cards when going for MET.

Additionally, Thu Ky Luat also updates documents in various other fields such as:

1. Decree 167/2016/ND-CP on duty-free goods business effective from February 15, 2017;
2. Circular 320/2016/TT-BTC on policies for allowances for individuals tasked with citizen reception, complaint settlement, denunciations, recommendations, and reflections effective from February 01, 2017;
3. Circular 220/2016/TT-BQP regulating the use of non-commissioned officers and soldiers with technical expertise when performing military service to prioritized positions in the Army effective from February 15, 2017.
4. Circular 02/2017/TT-BQP regulating safety and occupational hygiene training activities issued by the Minister of National Defense effective from February 20, 2017.
5. Circular 43/2016/TT-BLDTBXH guiding the implementation of vocational training support policies for subjects regulated in Article 14 of Decree 61/2015/ND-CP on job creation support policies and the National Employment Fund effective from February 12, 2017.

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