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blue-check New regulations on declaration of assets and incomes of state employees

Decree No. 130/2020/ND-CP dated October 30th, 2020 of the Government on controlling asset and income of persons holding titles and powers in agencies, organizations and entities
VietlawOnline

This Decree regulates in details titles obliged to make annual declarations of assets, income and forms of asset, income declarations of persons holding titles and powers in agencies, organizations and entities. Read more

According to Article 10 of this Decree, the following titles are obliged to make annual declarations of assets, income:

- Enforcement officers;

- Investigators;

- Accountants;

- Rangers;

- Procurators;

- Banking procurators;

- Market controllers;

- Auditors;

- Customs examiners;

- Tax examiners;

- Inspectors;

- Judges;

- Persons holding managerial positions from deputies and equivalent to higher positions operating in fields defined under Annex III of this Decree

- Representatives of state capital in enterprises.

Regarding assets, income subject to declaration, they are carried out according to Article 35 of the Law on Anti-corruption

This Decree takes effect from December 20th, 2020 and abrogates Decree No. 78/2013/ND-CPstatus1 dated July 17th, 2013.

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blue-check Regarding subsidy on Covid-19 examination and treatment costs to members of overseas Vietnamese agencies

Resolution No. 98/NQ-CP dated June 23rd, 2020 of the Government on subsidy on Covid-19 examination and treatment costs to members of overseas Vietnamese agencies

According to this Resolution, the State budget shall cover the costs of COVID-19 examination and treatment beyond the scope of payment under the insurance policy signed between Bao Viet Insurance Corporation and members of overseas Vietnamese agencies, spouses and minor children accompanying. Read more

This Resolution takes effect from the date of its issuance.

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blue-check Rights and functions of honorary consuls of Vietnam

Circular No. 01/2020/TT-BNG dated February 6th, 2020 of the Ministry of Foreign Affairs on Honorary Consuls of the Socialist Republic of Vietnam

This Circular provides guidelines for assignment, operation, dismissal of operation, functions, tasks and powers of honorary consuls of the Socialist Republic of Vietnam. Read more

Accordingly, honorary consuls shall be assigned by Minister of Foreign Affairs with tenure of 3 years at the request of heads of Vietnamese diplomatic missions in host countries or at request of Director General of Consular Department.

Honorary consuls shall perform some or all consular functions regulated at Article 8 through Article 13 of this Circular (such as consular protection, protect, assists Vietnamese nationals in terms of inheritance, transfer documents on civil status, etc.)

Especially, a person may perform personal occupational or commercial activities when he/she is holding honorary consul title.

This Circular comes into effect from March 23rd, 2020 and replaces Regulation on Honorary Consuls of Socialist Republic of Vietnam attached to Decision No. 06 NG/QD dated January 8th, 1994.

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blue-check Amendments to the Regulation on management of overseas business trips of officials and public employees in the education domain

Circular No. 23/2019/TT-BGDDT dated December 25th, 2019 of the Ministry of Education and Training on amendments to certain provisions of Regulation on management of overseas business trips of officials and public employees issued together with Circular No. 17/2014/TT-BGDDT dated May 26, 2014 of the Minister of Education and Training

This Decision takes effect from February 10th, 2020.

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red-check New regulations on anti-corruption

Decree No. 59/2019/ND-CPstatus2 dated July 1st, 2019 of the Government on elaborating on a number of Articles and the measures for implementation of the Law on Anti-Corruption
VietlawOnline

This Decree regulates in details accountability; management of conflict of interest; positions subject to periodical reassignment and anti-corruption measures in enterprises. Read more

According to Article 23 of this Decree, duration in which office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning is 6 – 24 months, depending on their managerial domain.

The office holding agencies, organizations, units or individuals must not by all means receive the gifts from the agencies, organizations, units or individuals involved in their work or under their management.

This Decree takes effect from August 15th, 2019.

To replace Decree No. 107/2006/ND-CPstatus1 dated September22nd, 2006, Decree No. 47/2007/ND-CP dated March 27th, 2007, Decree No. 102/2007/ND-CPstatus1 dated June 14th, 2007, Decree No. 158/2007/ND-CPstatus1 dated October 27th, 2007, Decree No. 59/2013/ND-CPstatus1 dated June 17th, 2013, Decree No. 90/2013/ND-CPstatus1 dated August 8th, 2013, Decree No. 211/2013/ND-CPstatus1 dated December 19th, 2013, Decree No. 150/2013/ND-CP dated November 1st, 2013, Decision No. 64/2007/QD-TTgstatus1 dated May 10th, 2007.

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blue-check Statistical reporting and management of dossiers on public employees

Circular No. 07/2019/TT-BNV dated June 1st, 2019 of the Ministry of Home Affairs on statistical reporting and management of dossiers on public employees

This Circular takes effect from July 15th, 2019.

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blue-check From July 1st, 2019: Salaries of officials, public employees shall be increased

Circular No. 04/2019/TT-BNV dated May 24th, 2019 of the Ministry of Home Affairs on statutory pay rate for salary and allowance earners in organizations and public service providers of the Communist Party and the Government, and socio-political organizations and associations
VietlawOnline

Under this Circular, from July 1st, 2019, salaries, allowances and operation funding of officials, public employees shall be increased according to the new statutory pay rate (VND 1,490,000 ) regulated at Decree No. 38/2019/ND-CP. Read more

However, it should note that only allowances calculated according to % of the statutory pay are increased from July 1st, 2019. Any allowance set as a fixed amount shall remain unchanged.

This Circular comes into force from July 15th, 2019 and replaces Circular No. 06/2018/TT-BNVstatus1 dated May 31st, 2018.

Deductions and benefits calculated according to the statutory pay rate shall be re-calculated from July 1st, 2019.

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red-check Amendments to regulations on paygrade advancement for officials

Decree No. 161/2018/ND-CPstatus2 dated November 29th, 2018 of the Government on providing amendments to regulations on recruitment of officials and public employees, paygrade advancement for officials, rank promotion for public employees, and conclusion of contracts for performance of tasks of administrative agencies and public service units

This Decree amends, supplements to the following Decrees: Read more

1. Decree No. 24/2010/ND-CPstatus1 dated March 15th, 2010

2. Decree No. 29/2012/ND-CPstatus1 dated April 12th, 2012

3. Decree No. 68/2000/ND-CPstatus2 dated November 17th, 2000

This Decree takes effect from January 15th, 2019.

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red-check 2019 Law on Anti-corruption

Law No. 36/2018/QH14status2 dated November 20th, 2018 of the National Assembly on Anti-corruption Law
VietlawOnline

One of the new points of this Law is to regulate acts of embezzlement; taking bribes; bribing or brokering bribery for taking advantage of one’s influence over the operation of an enterprise or organization, or for personal gain shall be also considered corruption. Read more

In addition, Article 10 of this Law also requests every state organization to disclose policies relevant to the lawful rights and interests of officials, public employees, other employees; the use of public funds, public assets; human resources management; code of conduct for office holders.

Office holders whose positions are relevant to personnel management, management of public funds, public assets, public investment; office holders who are directly involved and have influence over the operation of the organization shall be periodically reassigned every 2 – 5 years depending on their fields (Article 25).

Especially, payment for salaries, bonuses, regular expenditures and high-value revenues and expenditures shall not be made in cash (Article 29).

This Law takes effect from July 1st, 2019 and replaces the Law on Anti-corruption No. 55/2005/QH11status1 dated November 29th, 2005.

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blue-check 2019 Law on People’s Public Security Force

Law No. 37/2018/QH14 dated November 20th, 2018 of the National Assembly on People’s Public Security Force

This Law shall enter into force on July 1st, 2019. The provisions of this Law on highest ranks such as general ranks; grant, promotion, demotion and deprivation of general ranks; appointment, discharge, dismissal and demotion of titles with highest ranks which are general ones shall be in effect from January 11th, 2019. Read more

This Law replaces the Law People’s Public Security Force No. 73/2014/QH13status1 dated November 27th, 2014.

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