07 prominent decrees effectuated in mid-February

1. Requirements on pension for participants in voluntary social insurance

Decree No. 134/2015/NĐ-CP regulates that participants in voluntary social insurance (referred to as voluntary participants) earn pension in the following events:

(i) Voluntary participants earn pension from the age of 60 for men and 55 for women, if recorded time for pension benefit is at least 20 years.

(ii) The pension age for voluntary participants, who have contributed to compulsory social insurance for at least 20 years, is stipulated in Section 1, 2 and 4, Article 54 and Article 55 of Social Insurance Law.

(iii) Female workers, who perform specialized or general tasks at communal level and contribute to compulsory social insurance, earn pension at their request if they are qualified for pension benefit according to Section 3, Article 54 of Social Insurance Law but having their past insurance contribution time reserved and continuously participating in voluntary social insurance.

Decree No. 134/2015/NĐ-CP takes effect as of 15 February 2016.

Decree No. 190/2007/NĐ-CP and Decree No. 134/2008/NĐ-CP become void upon the effect of the Decree No. 134/2015/NĐ-CP .

2. Personal identity number for citizen identification card to be given upon birth registration

According to the Decree No. 137/2015/NĐ-CP , the civil registration authority administering an electronic civil registration database (electronic database) connected to the national population database is responsible for transferring the information of a person registered at birth to the national population database, upon the receipt of sufficient birth registration documents. The following information shall be collected for the issuance of a personal identity number:

- Family name, middle name and given name.

- Date of birth.

- Gender.

- Place of birth registration.

- Place of origin.

- Ethnicity.

- Nationality.

- Full name and nationality of parents or legitimate representative, unless such people are unidentified.

The head of the authority managing the national population database in Ministry of Public Security is responsible for verifying the information and documents according to Point b, Section 3, Article 13 of the Law on citizen identification, and promptly issuing and giving the personal identity number to the civil registration authority.

Decree No. 137/2015/NĐ-CP takes effect as of 15 February 2016 and replaces the Decree No. 90/2010/NĐ-CP .

3. Requirements on corporate self-defense arrangements

On January 05th 2016, the government issues the Decree No. 03/2016/NĐ-CP on the guidelines for the Law on militia and self-defense forces.

An enterprise fulfilling following requirements can organize self-defense:

- Maintain the leadership by Party’s executive committees, the management by provincial and district People’s Committees and the command by local military authorities.

- Having engaged in operation for at least 12 months.

- Having at least 01 self-defense squad composed of officials, employees and workers contracted for at least 12 months or permanently and satisfying age condition and other requirements for self-defense duties according to the Law on militia and self-defense forces.

- Abiding by the localities' national defense and security missions and plans for organization of militia and self-defense forces.

Decree No. 03/2016/NĐ-CP takes effect as of 20 February 2016 and replaces the Decree No. 58/2010/NĐ-CP

4. Latest regulation on fixed asset depreciation

According to the Decree No. 04/2016/NĐ-CP , a financially autonomous public administrative agency depreciates fixed assets in the following manner:

- A financially autonomous public administrative agency is permitted by competent authorities to employ corporate financial regime or is required to adequately depreciate fixed assets on public administrative service costs according to Article 10 of the Decree No. 16/2015/NĐ-CP

- Other financially autonomous public administrative agencies must depreciate fixed assets for production, service provision, joint venture and association, without establishing a new legal entity, or for lease according to the laws.

-  Depreciable fixed assets include:

+ Fixed assets fully capitalized for production, service provision, joint venture and association.

+ Fixed assets used for production, service provision, joint venture, association and for the agency’s functions and missions.

Decree No. 04/2016/NĐ-CP takes effect as of 20 February 2016.

5. Latest regulation on opening a foreign currency account abroad

On December 31st 2015, the government issues the Decree No. 135/2015/NĐ-CP on outward portfolio investments. It regulates:

- Foreign currency accounts opened for proprietary trading of outward portfolio investments.

- Foreign currency accounts for outward portfolio investment trust.

- Foreign currency accounts opened abroad.

Decree No. 135/2015/NĐ-CP takes effect as of 15 February 2016.

6. Guideline on duration for public investment project assessment

Decree No. 136/2015/NĐ-CP regulates the following duration for the assessment of public investment programs and projects:

- For investment programs and projects comprising no constructional constituent, upon the assessing authorities’ receipt of sufficient valid documents:

+ National target programs: not exceeding 40 days.

+ Target programs: not exceeding 30 days.

+ Group A’s projects: not exceeding 40 days.

+ Group B’s projects: not exceeding 30 days.

+ Group C’s projects: not exceeding 20 days.

This regulation only governs the assessment stage prior to the submission of documents for competent authorities’ approval of public investment programs and projects.

The duration for internal assessments in Ministries, central and local sectors, is defined by the heads of Ministries and central sectors and provincial People's Committees.

- The assessment duration for projects composed of constructional elements is stipulated by the laws on construction.

Decree No. 136/2015/NĐ-CP takes effect as of 15 February 2016.

7. Procedures for selection of surveying consultants for projects of national importance

On December 25th 2015, the government issues the Decree No. 131/2015/NĐ-CP on the guideline for projects of national importance.  

In 15 days upon the awarding of the contract, the interdisciplinary team of assessment specialists must fulfill the following procedures for direct contracting:

- Prepare and send the draft contract to the consulting contractor, which states requirements on scope and contents of the required works, duration, professional quality and equivalent values for negotiation and completion of the contract.

- Negotiate and complete the contract.

- Submit the result of project consultant appointment for approval by Chairperson of the State Evaluation Council.

- Prepare the signing of the contract with the appointed consultant. The contract is signed by the representative of the State Evaluation Council, the investor (or the authority assigned to have project investments prepared) and the appointed consultant.

- The result of direct contracting is publicized according to the laws on auction.

Decree No. 131/2015/NĐ-CP takes effect as of 15 February 2016 and nullifies the Decree No. 03/2013/NĐ-CP .