Headlines 14/03/2020 10:53 SA

All Decrees coming into force from the middle of March, 2020

Kim Huệ

THƯ VIỆN PHÁP LUẬT would like to bring to our dearest members all Decrees which are coming into force from March 11 – 20, 2020, including:

1. Reduced time limit for processing applications for benefits filed by teachers whose pensions do not include seniority allowances

The Government has promulgated the Decree No. 14/2020/ND-CP prescribing benefits paid to retired teachers whose pensions do not include seniority allowances.

According to this Decree, within 20 working days from the receipt of sufficient application for benefits from an applicant eligible to receive benefits, the receiving social insurance agency shall process the received application and pay benefits to the eligible applicant.

If an application is refused, a written notification, in which reasons for such refusal are specified, shall be given to the applicant.

(pursuant to current regulations, a sufficient application shall be processed within 30 working days from the date of receipt).

An application for benefits includes:

- For teachers who are receiving pensions: Application form for benefits (Form No. 01);

- For a teacher who is eligible for benefits but died on or after January 01, 2012 before his/her application for benefits is processed, the application for benefits includes:

+ Application form for a relative’s benefits (Form No. 02);

+ The copy of death certificate or death notice or extract of the court's declaration of death (the original must be also presented for verification);

+ The power of attorney (Form No. 03) made by relatives. If there is 01 relative only, this document is not required.

The Decree No.14/2020/ND-CP is coming into force from March 15, 2020.

2. Nationality-related prohibited acts

On February 03, 2020, the Government has promulgated the Decree No. 16/2020/ND-CP elaborating the Nationality Law of Vietnam.

According to this Decree, the following are prohibited acts related to nationality:

- Forging, altering or erasing documents or providing false information or performing fraudulent acts for the purpose of completing procedures for nationality-related matters;

- Proving Vietnamese nationality by presenting documentary evidences of Vietnamese nationality which are no longer valid;

- Taking advantage of the power vested to:

+ issue documents about Vietnamese nationality, proofs of Vietnamese nationality or other documents in which the Vietnamese nationality is specified against the law; or

+ make ungrounded or untrue certification of persons applying for naturalization or restoration of Vietnamese nationality;

- Taking advantage of naturalization, restoration or renunciation of Vietnamese nationality or holding of foreign nationality when being granted or having Vietnamese nationality restored for:

+ infringing upon the national security and interests, social order and safety of the Government of the Socialist Republic of Vietnam; or

+ causing harm to legitimate rights and interests of any Vietnamese authorities, organizations and citizens.

The Decree No.16/2020/ND-CP is coming into force from March 20, 2020.

3. Documents required when making payments to state budget

On January 20, 2020, the Government has promulgated the Decree No. 11/2020/ND-CP prescribing administrative procedures in state treasury sector.

According to this Decree, documents required when making payment to state budget include records of payments made to state budget or a written request for payment made to state budget issued by a competent authority.

Specific documents are as follows:

- If a payment is made to state budget directly: 01 original of the record of payment made to state budget;

If a cash payment is made at a bank that does not cooperate with financial authorities in receiving payments made to state budget, 02 originals of the record of payment made to state budget or 01 original or 01 duplicate (or photocopy) of the request for payment made to state budget shall be made.

- If a payment is made to state budget electronically: 01 record of payment made to state budget shall be made on:

+ applications on websites of tax authorities; or

+ the national public service portal; or

+ a bank’s electronic payment system; or

+ an intermediary payment service provider.

The Decree No.11/2020/ND-CP is coming into force from March 16, 2020.

>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE

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