Headlines 01/07/2019 17:22 CH

Decrees coming into effect from the beginning of July, 2019

Quý Tân

THƯ VIỆN PHÁP LUẬT would like to introduce notable contents of the following 05 Decrees, which will come into force from the beginning of July, 2019 (1st– 10th of July, 2019). To be specific:

1. Statutory pay rate to increase to VND 1,490,000/month on July 1, 2019

According to Decree No. 38/2019/NĐ-CP on the statutory pay rate of officials, public employees and armed forces that will come into force from July 1, 2019, the new statutory pay rate will be VND 1,490,000/month.

Compared to the statutory pay rate of VND 1,390,000/month specified in Decree No. 72/2018/NĐ-CP the new statutory pay rate will be increased by VND 100,000/month.

The statutory pay rate is the basis for:

- Calculation of salaries, allowances and other benefits as per law with regard to individuals as defined in Article 2 of Decree No. 38;

- Calculation of allowances as per the law;

- Calculation of contributions and benefits concerning the statutory pay rate.

2. Pension, social insurance benefit and monthly benefit increased

From July 01, 2019, an increase of 7.19% will be applied on the pension, social insurance benefit and monthly benefit of June, 2019 onward for 08 groups of recipients specified in Decree No. 44/2019/NĐ-CP dated May 20, 2019. Some prime examples are:

- Commune-level, district-level, provincial officials specified in Decree No. 92/2009/NĐ-CP Decree No. 121/2003/NĐ-CP and Decree No. 09/1998/NĐ-CP who are receiving monthly pension and benefit.

- Commune-level, district-level, provincial officials who are receiving monthly benefit as prescribed in Decision 130/CP dated June 20, 1975 and Decision 111-HĐBT dated October 13, 1981.

- Individuals who are receiving monthly benefit for occupational accidents or diseases.

Decree No. 44/2019/NĐ-CP will come into force from July 01, 2019.

3. Effected period of hazardous waste treatment license increased

On May 13, 2019, the Government promulgates Decree No. 40/2019/NĐ-CP on amendments to Decree No. 38/2015/NĐ-CP on management of waste and discarded materials.

According to the Decree, the period of hazardous waste treatment license is 05 years from the date of issue (increased by 02 years compared to the current regulations).

In addition to that, the requirements for the license for hazardous waste treatment are also amended as follows:

- The environmental impact assessment report approved by the Ministry of Natural Resources and Environment must be produced in every application for the licence and cannot be substituted by any other documents.

- Mandatory personnel of the hazardous waste treatment facilities are no longer specified.

- The hazardous waste treatment license applicants must have hazardous waste treatment projects or facilities with finished environmental protection works under the environmental impact assessment.

Decree No. 40/2019/NĐ-CP will come into force from July 01, 2019.

4. The organizational managing structure of the Small and Medium Enterprise Development Fund (SMEDF)

This content is mentioned in Decree No. 39/2019/NĐ-CP on the organization and operation of the medium and small enterprise development fund (hereinafter referred to as “Fund”).

According to which, the Fund is a wholly state-owned single-member limited liability company, has its own juridical person status, seal, and accounts in the State Treasury and other commercial banks prescribed in the regulations.

The headquarters of the Fund is situated in Hanoi and its organizational managing structure is as follows:

- The Board of Members;

- The controllers;

- The Director and its assisting apparatus.

The Fund will lend the small and medium start-up enterprises capital directly or indirectly while support the capital and provide manpower assistance.

Decree No. 39/2019/NĐ-CP will come into force from July 01, 2019.

5. Fines for electro-fishing increased

According to Decree No. 42/2019/NĐ-CP on administrative penalties for fishery violations, the fines for electro-fishing will observe a dramatic increase as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the use of electrofishing equipments without fishing boats (previously from VND 1,000,000 to VND 2,000,000).

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for storage, transport or trading in electrofishing equipments (previously from VND 3,000,000 to VND 5,000,000).

Decree No. 42/2019/NĐ-CP will come into force from July 01, 2019.

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