Headlines 09/09/2017 15:24 CH

Regulations on social insurance, finance and commerce coming into force from the middle of September

Nguyễn Liên

New regulations on social insurance, finance and commerce, etc. are coming into force from September 11-20, 2017. The following are the most noticeable ones:

1. Use of residual project budget to increase income for officials and public employees

The Circular No. 72/2017/TT-BTC on management and use of revenues from project management by investors and project management authorities with respect of state funded projects is coming into force as from September 15, 2017.

According to this Circular, the residual amount of project management budget at the end of a budget year shall be used for the following purposes:

- Pay additional income for officials and public employees: the maximum increase factor of the salary fund is 1.0 for rank- or position-based salaries in accordance with regulations.   - Pay periodic or unscheduled bonuses for communities and/or individuals according to their working performance and achievements (in addition to bonuses prescribed by law).

- Pay certain community benefits, including:

+ Provide supports for public holidays, New Year’s festivals and ceremonies;

+ Provide supports for officials, public employees and workers in payroll when performing downsizing policies, etc.

The residual budget at the end of year shall be carried forwards to the following year and accounted in the cost estimates of the following year.

The Circular No. 72/2017/TT-BTC supersedes the Circular No. 05/2014/TT-BTC dated January 06, 2014.

2. Payment of social insurance premiums for retiring officers working in military enterprises

The Circular No. 182/2017/TT-BQP introduces guidelines for providing subsidies for military enterprises to pay monthly salaries and social insurance premiums for retiring officers and professional soldiers.

According to this Circular, subsidies are specific:

- A subsidy as 100% of funding for paying monthly salaries and social insurance premiums shall be provided for national defense and security enterprises as defined in the Decree No. 93/2015/ND-CP dated October 15, 2015;

- A subsidy as 70% of funding for paying monthly salaries and social insurance premiums shall be provided for economic - national defense enterprises that incur losses.

(The economic – national defense enterprise has organizational structure and payroll as those of a military organization; discharges duties of reserve forces and other national defense and security duties in local area).

Subsidies shall be provided within duration from January 01, 2016 to December 31, 2020 inclusively.

Funding for granting subsidies shall be covered by the Enterprise Arrangement and Development Fund.

The Circular No. 182/2017/TT-BQP comes into force as of September 18, 2017.

3. Prohibition of enterprise from authorizing third party to conduct temporary import of frozen foods

The Circular No. 11/2017/TT-BCT on temporary import, re-export, temporary export, re-import and merchanting trade of goods is coming into force from September 11, 2017.

According to this Circular, the temporary import of goods on the following lists shall not be authorized to a third party or carried out on behalf of a third party:

- The list of frozen foods for temporary import, re-export and merchanting trade prescribed in Appendix III;

-  The list of temporary imports subject to excise taxes prescribed in Appendix IV;

- The list of used goods for temporary import and re-export prescribed in Appendix V.

Temporary import and re-export of goods on the said lists must be carried out in accordance with regulations in Articles 3, 4, 5 of the Decree No. 77/2016/ND-CP dated July 01, 2016.

The Circular No. 11/2017/TT-BCT abrogates the Circular No. 05/2014/TT-BCT dated January 27, 2014 and Article 2 of the Circular No. 27/2016/TT-BCT dated December 05, 2016.

4. A fine up to VND 6,000,000 for discharge of dead poultry to the environment

This is one of noticeable regulations in the Decree No. 90/2017/ND-CP on penalties for administrative violations against regulations on veterinary medicine.

According to this Decree, a fine ranging from VND 5,000,000 to VND 6,000,000 shall be imposed for any of the following violations:

- Transport or discharge infected or dead animals and/or poultry and the derivatives thereof to the environment (presently, fine for this violation is ranging from VND 2,000,000 to VND 3,000,000);

- Trading breed animals infected with infectious diseases.

Additionally, person committing any of the violations mentioned above is still liable to remedial measure that is destruction of animals, bodies of dead animals and the derivatives thereof.

The Decree No. 90/2017/ND-CP is coming into force as from September 15, 2017; abrogates certain articles of the Decree No. 119/2013/ND-CP dated October 09, 2013 and the Decree No. 41/2017/ND-CP dated April 05, 2017. 

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