Headlines 22/12/2018 09:27 SA

New policies on employment and wages coming into force from the end of December 2018

Nguyễn Liên

Below are remarkable policies on employment and wages that come into force from December 21st to 31st, 2018:

1. Many benefits increased from July 01, 2019

As ratified by the National Assembly in Resolution No.70/2018/QH14 dated November 09, 2018 on estimates of state budget in 2019, the statutory pay rate will be increased from VND 1.39 million/month to VND 1.49 million/month.

According to the Resolution, increases in pensions and other benefits such as social insurance benefits, monthly benefits and benefits for people with meritorious services to the revolution will be equal to the increase in statutory pay rate.

New pensions and benefits will apply from the beginning of July 01, 2019 and will be covered by central government budget.

Resolution No.70/2018/QH14 comes into force from December 24, 2018.

2. Increased retirement pensions for female workers who retire during 2018 - 2021

This is a primary content of Decree No.153/2018/ND-CP on adjustments to retirement pensions for female workers retiring during 2018 – 2021 who have participated in social insurance for from 20 years to 29 years and 6 months.

According to the Decree, the new retirement pension shall be equal to the pension specified in Clause 2 Article 56 or Clause 2 Article 74 of the Social Insurance Law 2014 plus the increase, which depends on consideration of the period of social insurance participation.

The increase shall be equal to the initial pension multiplied by the adjustment rate which corresponds to the period of social insurance participation and beginning date of pension payment (More details can be found in the table of adjustment rate provided in Article 3 of Decree No.153).

The new retirement pension shall be considered as a basis for other adjustments to retirement pensions as specified in Article 57 of the Social Insurance Law.

Female workers who start to receive retirement pension during the period from January 01, 2018 until the date of receiving new pension may claim the difference.

Decree No.153/2018/ND-CP comes into force from December 24, 2018.

3.  Guidelines on calculation of special allowance for ceremonial guards of the Ministry of National Defense

Circular No.162/2018/TT-BQP providing for special allowance for ceremonial guards of the Ministry of National Defense comes into force from December 26, 2018.

According to the Circular, special allowance may be given at the rate of 30%, 25%, 205 or 15% of military rank-based salary for officers or group-based or grade-based salary for professional soldiers.

The special allowance amount shall be calculated as follows:

Special allowance amount = military rank-based salary or group-based or grade-based salary coefficient x statutory pay rate x special allowance rate.

Where: The statutory pay rate is determined under Government's regulations in each particular period.

For instance: Comrade Dang Van B - a professional soldier whose salary coefficient is 4.70, who perform the driving duty for navigation and escort purpose shall be entitled to a special allowance of: (4.70 x VND 1,390,000 million/month) x 25% = VND 1,633,250 million/month.

4. The Labor Code to be amended under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

The CPTPP and relevant documents are ratified by the National Assembly in Resolution No.72/2018/QH14.

According to the Resolution, the following laws and codes will be amended under the roadmap specified in CPTPP:

-   Labor Code 2012: allowing workers to establish or join representative organizations outside the system of Vietnam General Confederation of Labor; 

-  Intellectual Property Law 2005 (amended in 2019): removing conditions for registration of third parties to a contract and providing for legal use of trademarks of recipients of licenses as owners;

-  Criminal Code 2015 (amended in 2017): adding regulations on sanctions against export counterfeit trademark goods for the purpose of distribution;

-  Criminal Procedure Code 2015 (amended in 2017);

-  Insurance Business Law 2000 (amended in 2010);

-  Food Safety Law 2010;

-  Anti-corruption Law 2018.

Resolution No.72/2018/QH14 comes into force from December 27, 2018.

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