Headlines 23/07/2019 15:19 CH

Decrees and Circulars coming into force from the end of July, 2019

Kiều Nga

THƯ VIỆN PHÁP LUẬT would like to introduce Decrees and Circulars that are coming into force from the end of July, 2019 (July 21 - 31, 2019), including:

1. Seniority allowances for People’s Public Security Force

This notable content is introduced in the Decree No. 49/2019/ND-CP providing guidelines for implementation of the Law on People’s Public Security Force (which is coming into force from July 25, 2019).

According to this Decree, a public security worker who has served in the People’s Public Security Force for a full period of 5 years shall get the seniority allowance equal to 5% of his/her current salary plus leadership allowance and extra-seniority allowance (if any); 1% shall be added for every full working year from the sixth year onwards.

Seniority allowance shall be paid on the same day when his/her monthly salary is paid and used as the basis for calculation of contributions and benefits of social insurance, health insurance, unemployment insurance and insurance against occupational accidents and occupational diseases.

Duration counted for enjoyment of seniority allowance includes:

- Duration of service in the People’s Public Security Force; and

- Duration counted for enjoyment of seniority allowance in other sectors and aggregated with the duration of service in the People’s Public Security Force for enjoyment of seniority allowance.

2. Rank-based pay raise for officers from July 01, 2019

The Circular No. 79/2019/TT-BQP provides guidelines for statutory pay rate for entities who serve in agencies affiliated to the Ministry of National Defence and whose salaries or rank-based allowances are paid by state budget, and is coming into force from July 25, 2019.

The pay raise chart of officers and cipher officers from July 01, 2019 is enclosed with this Circular. The following are some cases of the first pay raise:

- General: VND 16,390,000;

- Senior Lieutenant General: VND 15,496,000;

- Lieutenant General: VND 14,602,000;

- Major General: VND 13,708,000…

3. State budget estimate for downsizing by Ministries

The Circular No. 31/2019/TT-BTC provides guidelines for determination of funding sources and estimation, management, use and statement of expenditures on implementation of downsizing policies. According to this Circular, Ministries and central-level agencies shall make estimates of expenditures on downsizing in the planning year using forms No. 1a, 1b, 1c, 1d and form No. 2.

They shall aggregate funding for downsizing derived from state budget as regulated in Point b Clause 2 Article 2 and Point b Clause 2 Article 3 hereof in their annual state budget expenditure estimates which then shall be sent to the finance authorities of same level for submission to competent authorities for approval.

Competent authorities shall consider allocating estimated funding for downsizing in annual expenditure estimates of Ministries and central-level agencies.

In 2019, Ministries and central-level agencies shall make and send estimates of expenditures on downsizing covered by state budget in 2019 to the Ministry of Finance for submission to a competent authority.

This Circular is coming into force from July 25, 2019 to December 31, 2021 inclusive and applies from the budget year 2019.

4. Operating license for specialized clinics in the army

According to the Decree No. 50/2019/ND-CP (which is coming into force from July 24, 2019), the operating license for specialized clinics in the army is provided for as follows:

Apart from the requirements specified in Article 16 of this Decree, a specialized clinic is required to meet the following licensing requirements:

- It must have a laboratory that must suit its specialty.

- It must have anti-shock kit and enough emergency drugs to serve its operation.

- Personnel:

+ The number, structure and job titles of its officials and employees must comply with the organizational structure or payroll decided by a competent authority;

+ Occupational disease clinic:

Its chief physician must be a doctor who is a specialist in occupational diseases and possesses a practicing certificate as regulated or a general practitioner who possesses both practicing certificate and certificate of completion of training course in occupational diseases.

+ HIV/AIDS clinic:

Its chief physician must be an infectious disease doctor or a general practitioner and have certificate of completion of training course in HIV/AIDS treatment.

5. The Circular No. 34/2019/TT-BTC stipulates amendments to the Circular No. 40/2018/TT-BTC providing guidelines for initial offering of shares and management and use of proceeds from equitization of state-owned enterprises and single-member limited liability companies wholly owned by state-owned enterprises.

The Circular No. 34/2019/TT-BTC is coming into force from July 29, 2019.

6. The Circular No. 08/2019/TT-BNV on reporting on performance of internal affair tasks is coming into force from July 25, 2019.

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