Prominent regulations in force in late June 2016

1. Criminal penalties against violations of legislation on plant protection products

Such prominent details are defined in the Decree No. 31/2016/ND-CP , which takes effect as of 25 June 2016 and regulates penalties against administrative violations concerning plant varieties, protection and quarantine.

Competent individuals, thereof, shall transfer case files that they are handling to criminal procedure authorities for criminal prosecution against these violations:

- Production of over 100 kilograms (or 100 liters) of finished plant protection products defined in Vietnam's prohibition list.

- Sale of over 50 kilograms (or 50 liters) of finished plant protection products defined in Vietnam's prohibition list.

If criminal procedure authorities decide not to lodge a criminal charge in such cases, the maximum pecuniary fine shall be 50 million Vietnam dongs.

2. Maximum grant of 200 million Vietnam dongs per case for purchasing information on smuggling or counterfeit goods

Decision No. 20/2016/QD-TTg , in force as of 26 June 2016, regulates financial supports to combat smuggling, commercial frauds and counterfeit goods frauds.

The level of grants for information purchases in a case shall be subject to the valuable degree of such case (i.e. the sum of administrative fines and earnings from the sale of seized property), as follows:

- For a case valued below 5 billion Vietnam dongs: the grant shall be at most equal to 10% of the value of the case but does not exceed 100 million Vietnam dongs.

- For a case valued 5 billion Vietnam dongs or higher: the grant shall be at most equal to 10% of the value of the case but does not exceed 200 million Vietnam dongs.

If the seized property is disposed or re-assigned, the grant for information purchase in one case shall be at most equal to 10% of the case's value but does not exceed 100 million Vietnam dongs.

Moreover, the Decision defines the maximum reward of 3 million Vietnam dongs per person and 15 million Vietnam dongs per team for each case, in which achievements against smuggling, commercial or counterfeit goods frauds have been made.
 
3. Authority to approve airfield plans

As of 26 June 2016, the Decree No. 32/2016/ND-CP shall regulate the obstacle clearance height and patterns for management and defense of Vietnam's airspace.

The Decree defines clearly the three persons empowered to approve plans for military, civil and specialized airfields:

+ Prime Minister

+ Minister of National Defense.

+ Minister of Transport

Furthermore, the Decree stipulates amendments to:

- The limit of the dimensions of obstacles and aviation obstruction warnings.

- The height of buildings.

Decree No. 32/2016/ND-CP replaces the Decree No. 20/2009/ND-CP .

4. New social insurance policy for servicemen as of 01 January 2016

Decree No. 33/2016/ND-CP , in effect as of 26 June 2016, shall provide guidelines for mandatory social insurance for servicemen, police officers and cryptography-related employees who receive pay benefits similar to those of servicemen.

- Các chế độ, chính sách quy định tại Nghị định này được thực hiện kể từ ngày 01/01/2016.

- These documents lost effect on 01 January 2016:

+ Decree No. 68/2007/ND-CP on details and guidelines for implementation of certain articles of the Social Insurance Law with regard to mandatory social insurance policy for servicemen, police officers and cryptography-related employees who receive pay benefits similar to those of serviceman and police offices.

+ Decree No. 153/2013/ND-CP on amendments to certain articles of the Decree No. 68/2007/ND-CP .