Legal Document Updates in English (08/2013)

SALARY INCREMENT EARLIER MUST NOT EXCEED 10% OF TOTAL STAFF
 

This is the content under the Decision No. 17/2013/ND-CP dated February 19, 2013 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 204/2004/ND-CP, of December 14, 2004 on salary regime for cadres, civil servants, public employees, and armed force personnel.

Accordingly, cadres, civil servants, public employees with excellent professional performances but yet enjoying the final salary grade within their salary schedule for their category or position shall be considered for one-step salary increment for a maximum of 12 months earlier than described.  For each year, the proportion of cadres, civil servants, public employees to be entitled to such accelerated salary increment must not exceed 10% of the total number of the staff members on their permanent salary payment list (under the previous regulation, the maximum level of 5%).

Besides, the new Decree also supplements subjects of application in Table 2 “Profession salary schedule applicable to cadres and civil servants in the State agencies” promulgated together with the Decree No. 204/2004/ND-CP. At the same time, it amends the name

“Categories of public employees” into “Professional titles of public employees” and supplement subjects of application in Table 3 “Profession salary schedules applicable to cadres and public employees in the State non-business units”.

Of which, it amends 05 subjects into the civil servants of type A3; 06 subjects into the civil servants of type A2.1; 08 subjects into the civil servants of type A1; 07 subjects in to the civil servants of type B and amends “Guardian of stockpile” into the civil servants of type C….

For the salary increment table “Salary increment schedule applicable to officers in the people’s army, and officers and non-commissioned officers in the people’s public security forces”, the Government decides to increase the salary increment coefficient of four army ranks (General, Senior lieutenant-general, Lieutenant general, Brigadier) to 11.00; 10.40; 9.80; 9.20 respectively (under the previous regulation, they are 10.40; 9.80; 9.20; 8.60 respectively). Time limit of salary increment for Brigadier, Lieutenant general, Senior lieutenant-general and general shall be 4 years.

HEALTH WARNINGS MUST BE COVERED AT LEAST 50% EACH MAIN FACE’S AREA
 

This is regulated under the Joint Circular No. 05/2013/TTLT-BYT-BCT dated February 08, 2013 of the Ministry of Health, the Ministry of Industry and Trade on guiding labeling, printing of health warnings on tobacco packages.

Accordingly, from May 01, 2013, tobacco produced, imported for consumption in Vietnam must be printed health warnings on packages in accordance with provisions as regulated. Health warnings must be printed on main face in front of and behind of tobacco packages and must assured not to be hidden or obscured by any materials, picture or other information and are printed with 4 basic colors or more, definition upon printing not allowed being lower than 300DPI. At the same time, area for printing Health warnings must be covered at least 50% area of each main face in

front of and behind of tobacco package (under the previous regulation, it must be covered at least 30%).

Under this Circular, the Ministries issued 06 forms for health warnings promulgated together with this Joint Circular and requested that kinds of tobacco product of a tobacco trademark of various tobacco trademarks of a producer must be printed with various forms for health warnings. If a tobacco trademark has more than 06 kinds of products, a producer had more than 06 tobacco trademarks, it is required to simultaneously print sufficient 06 forms for health warnings.

This Joint Circular takes effect on May 01, 2013 and annuls regulations on labeling, printing health warnings on tobacco packages at the Decision No. 02/2007/QD-BYT, of January 15, 2007

MEDICAL SERVICE’S PRICES TO SPECIAL-RANK HOSPITALS APPROVED
 

On January 21, 2013, the Ministry of Health issued the Circular No. 04/2013/TT-BYT guiding the approval and application of the prices of medical examination and treatment service to medical examination and treatment establishments managed by other ministries, branches.
Accordingly, the Minister of Health shall approve the prices of medical examination and treatment services to each facility for special-rank, rank- I hospitals directly managed by Ministries, branches. Ward Health station in local shall apply the prices of medical examination and treatment services as stipulated by People’s Committee….

For medical examination and treatment establishments of Ministries, branches not yet performed ranking, prices of medical examination and treatment service are applied as stipulated by relevant agencies until there is new price table for replacement

This Circular takes effect on March 15, 2013 and does not apply to state medical examination and treatment establishments managed by the Ministry of Health and state medical examination and treatment establishments managed by localities.

TOURIST’S TOTAL REVENUE REACHES 18 – 19 BILLION VND BY 2020
 

This is the objective stated under the Decision No. 321/QD-TTg dated February 18, 2013 of the Government on approving the National Action Program for tourism 2013 – 2020.

Accordingly, it is targeted that to develop tourism into a major, professional industry by 2020, with relatively comprehensive and modern facilities; The Prime Minister set the targets by 2015, it will attract 7 – 7.5 million of arrivals of international tourists; serve 36 – 37 million of domestic tourists, the total revenue from tourists reaches 10 – 11 billion USD by 2015; attract 10 – 10.5 arrivals of international tourists, serve 47 – 48 domestic tourists, the total revenue from tourists reaches 18 – 19 billion VND by 2020.

The Prime Minister also requests that by 2015, it must build and transfer the management and use of 20 high-quality, typical and distinctive tourism products to localities and by

2020, to build and transfer the management and use of 50 high-quality, typical and distinctive tourism products to localities.

Under the Program, the Government supports the development of tourism products; of which, supporting the development of tourism products that suit the target market of Vietnam’s tourism based on the advantages of tourism resources and the distinction of 7 tourism areas of Vietnam.

The Ministry of Culture, Sports and Tourism shall preside over the activities of the Program based on the cooperation with relevant Ministries, agencies, and local governments in the inter-sectorial activities, in order to improve the tourism service quality through some activities of supporting the formulation of the scheme on the reasonable use of tourism resources; of supporting the enhancement of the quality of tourism human resources.
This Decision takes effect on the signing date

REGULATING THE COMPETENCE TO DETERMINE AGENCY LIABLE FOR COMPENSATION
 

On January 31, 2013, the Ministry of Justice issued the Circular No. 03/2013/TT-BTP guiding the implementation of state management of compensation in administrative management operation.

Under this Circular, provincial-level People’s Committee shall identify the agency liable for compensation I case the damage sufferer requests or there is no agreement on compensation liability under its management in the following cases: between communal-level People’s Committee; between communal-level People’s Committee not in the same district; between professional agencies under provincial-level People’s Committee; between professional agencies under provincial-level People’s Committee and district – People’s Committee in the same province.

At the same time, the district-level People's Committees shall have to pay compensation in case of damage required or there is no agreement on liability between the commune-level People's Committees under their management.

Besides, the Ministry of Justice shall help the Government to determine the agencies that have to pay compensation in case of damage required or there is no agreement on liability between Ministries; between provincial-level People’s Committee; between Ministries and provincial-level People’s Committee…
The Circular also regulated that Ministry of Justice shall solve problems related to the legal implementation on the State compensation liability in administrative management activities.