Legal Document Updates in English (42/2018)

No. 42 (389) – NOVEMBER, 2018

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NUMBER

TITLE

 

In This Updates:

INSURANCE

 

INSURANCE

1

146/2018/ND-CP

Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government elaborating and providing guidance of the Law on Health Insurance

 

New Decree on Health Insurance: 05 cases entitled to 100% of medical cost

Page 2

INVESTMENT

 

INVESTMENT

2

136/2018/ND-CP

Decree No. 136/2018/ND-CP dated October 05, 2018 of the Government on amending certain Decrees providing for regulatory requirements for trade…

 

To change the requirements for trade and investment in the environment sector

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

3

107/2018/ND-CP

Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on rice export business

 

To simplify conditions of rice export business

Page 2

COMMERCE

 

COMMERCE

4

141/2018/ND-CP

Decree No. 141/2018/ND-CP dated October 08, 2018 of the Government on amending and supplementing Decrees prescribing penalties for violations…

 

To fine upto VND 200 million with illegal acts in multi-level marketing

Page 3

MEDICAL – HEALTH

 

MEDICAL – HEALTH

5

16/2018/TT-BYT

Circular No. 16/2018/TT-BYT dated July 20, 2018 of the Ministry of Health prescribing infection control in healthcare facilities

 

150-bed healthcare facilities must organize infection control systems

Page 3

SCIENCE – TECHNOLOGY

 

SCIENCE – TECHNOLOGY

6

12/2018/TT-BKHCN

Circular No. 12/2018/TT-BKHCN dated August 31, 2018 of the Ministry of Science and Technology on prescribing formulation, conclusion…

 

To manage the international cooperation programs of the NAFOSTED

Page 3

POLICIES

 

POLICIES

7

1437/QD-TTg

Decision No.1437/QD-TTg dated October 29, 2018 of the Prime Minister on approving the 2018- 2025 Scheme on care for the all-sided development…

 

To approve the Scheme on care for the all-sided development of children

Page 4

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

8

126/2018/ND-CP

Decree No. 126/2018/ND-CP dated September 20, 2018 of the Government on the establishment and operation…

 

Operations of foreign cultural institutions in Vietnam

Page 4

SUMMARY:

Ü  INSURANCE


NEW DECREE ON HEALTH INSURANCE:
05 CASES ENTITLED TO 100% OF MEDICAL COST

This is one of the highlight contents in the Decree No. 146/2018/ND-CP elaborating and providing guidance on measures to implement certain articles of the Law on Health Insurance.

In particular, this Decree decides the cases entitled to the health insurance fund’s coverage such as:

- Persons rendering meritorious revolutionary services; war veterans, members of poor households; ethnic minority people living in difficult/ extremely difficult socio-economic areas; relatives of persons rendering meritorious revolutionary services; persons aged 80 years or older…

- Revolutionaries performing their activities before January 01, 1945; Vietnamese heroic mothers; War invalids; Children under 06 years old;

 

- Persons received medical examination and treatment services at commune level;

- Patient participates in the health insurance for a consecutive period of at least 05 years and has made the co-payment of medical costs in a year which is greater than total base pay amount received during 06 months, except self-referrals to inappropriate-level healthcare establishments.

For other cases, the rate of medical cost coverage by health insurance is 80-95% only.

This Decree is issued on October 17, 2018 by the Government and takes effect on December 01, 2018.


 

Ü INVESTMENT


TO CHANGE THE REQUIREMENTS FOR
TRADE AND INVESTMENT IN THE ENVIRONMENT SECTOR

The Decree No. 136/2018/ND-CP on amending certain Decrees providing for regulatory requirements for trade and investment in the environment and natural resource sector is issued on October 05, 2018 by the Government.

To be specific:

- A public service provider or an enterprise need to employ only 02 individuals who meet the requirements to survey and assess land instead of 05 individuals as prescribed in the Decree No. 01/2017/ND-CP;

 

- To reduce the requirement time for individuals who work in the sector of land resource management or land survey and assessment in the Decree No. 01/2017/ND-CP from 36 months to at least 30 months;

- To annul the provision at the Decree No. 19/2015/ND-CP: Used seagoing ship-breaking establishments must have employees who possess environmental protection training certificates…

This Decree takes effect on the signing date.

Ü  EXPORT – IMPORT


TO SIMPLIFY CONDITIONS OF RICE EXPORT BUSINESS

On August 15, 2018, the Government issues the Decree No. 107/2018/ND-CP on rice export business which takes effect on October 01, 2018.

At this Decree, the conditions of rice export business are simplified. Accordingly, a trader that is being incorporated and registers for business under law shall be allowed to conduct rice export business if it satisfies the following conditions:

- Have at least 01 rice warehouse that satisfies the national technical standards and regulations;

- Have at least 01 rice mill or rice processor that satisfies the national technical standards.

 

The above rice warehouse, mill or processor must be owned by the trader or rent by the trader from other organizations or individuals under a lease agreement of at least 05 years.

The rice exporters shall maintain regularly a minimum circulation reserve equivalent to 5% of their rice exports of the previous 06 months, instead of 10% as in previous provisions.

From the effective date of this Decree, the Ministry of Agriculture and Rural Development and the Ministry of Health shall promulgate regulations on the criteria and methods for determining such rice categories before December 31, 2018.

Ü   COMMERCE


TO FINE UPTO VND 200 MILLION WITH
ILLEGAL ACTS IN MULTI-LEVEL MARKETING

 

This is the highlight contents of the Decree No. 141/2018/ND-CP dated October 08, 2018 of the Government on amending and supplementing a number of Articles of Decrees prescribing penalties for violations against regulations on multi-level marketing.

Accordingly, a fine ranging from VND 80 million to VND 100 million shall be imposed for one of the following violations:

- Requesting a prospective participant to deposit or pay a certain amount of money in any way to be eligible to enter into a multi-level marketing contract;

- Requesting a prospective participant to buy a certain quantity of products in any way to be eligible to enter into a multi-level marketing contract;

- Paying money or other economic benefits to a participant in compensation for his/her recruitment of new distributors

 

without consideration of his/her sale of products to recruited distributors…

A fine twice as much as the fine for the above administrative violations shall be imposed if such violation is found to involve two provinces or central-affiliated cities or more.

This Decree also raises the penalties from VND 500,000 to VND 05 million with the participant in the multi-level marketing for one of the following violations:

- Carrying out marketing, sale and recruitment of downline distributors before obtaining a membership card;

- Failing to present the membership card before introducing or selling products.

This Decree takes effect on November 25, 2018.

Ü   MEDICAL – HEALTH


150-BED HEALTHCARE FACILITIES MUST
ORGANIZE INFECTION CONTROL SYSTEMS

This is the requirement of the Ministry of Health in the Circular No. 16/2018/TT-BYT dated July 20, 2018 on prescribing infection control in healthcare facilities.

In particular, healthcare facilities with at least 150 medical beds must organize infection control systems, which includes: Infection control board, Infection control department or division, Infection control network.

Healthcare facilities with less than 150 medical beds must organize infection control divisions subordinate to general

 

planning departments, infection control networks and personnel in charge of infection control who work full time, have graduated in healthcare majors, obtained diplomas, certificates or other equivalents in infection control.

Healthcare facilities without inpatient beds must assign an employee to undertake infection control tasks.

This Circular takes effect on October 01, 2018.

Ü SCIENCE – TECHNOLOGY


TO MANAGE THE INTERNATIONAL
COOPERATION PROGRAMS OF THE NAFOSTED

 

On August 31, 2018, the Ministry of Science and Technology issues the Circular No. 12/2018/TT-BKHCN on prescribing formulation, conclusion and management of international cooperation programs of the National Foundation for Science and Technology Development (the NAFOSTED) in funding fulfillment of science and technology tasks and supporting improvement of national science and technology capacity.

To build the Program is built with the following objectives:

- Promote the international cooperation in doing scientific research, supporting the academic exchange between Vietnamese scientists and foreign scientists;

- Mobilize foreign resources for the career of scientific research of Vietnam;

 

- Intensify the connection and development of the international cooperation network with the aims of enhancing the efficiency of management and funding of scientific research of Vietnam.

Accordingly, there are a number of principles for cooperation and selection of NAFOSTED’s partners such as:

- Participants in a cooperation program shall have equal obligations and responsibilities for performing relevant works…

- NAFOSTED’s partners undertake to make financial contributions for implementing cooperation programs;

- Large-scale organizations that have great capacity to fund and support science and technology activities in developing countries shall be prioritized.

This Circular takes effect on October 15, 2018.

Ü POLICIES


TO APPROVE THE SCHEME ON CARE FOR
THE ALL-SIDED DEVELOPMENT OF CHILDREN

The Scheme on care for the all-sided development of children in the early years of their family and community life on the 2018 – 2025 has been approved by the Prime Minister in the Decision No. 1437/QD-TTg

Scheme’s general objectives are to ensure that children up to 8 years old will be all-sided developed physically, intellectually and mentally; be equal in access to the services in support of the care for all-sided development according to age-groups in order to realize the children’s rights, contributing to the development of national human resources.

In particular, toward 2020, the Scheme shall:

- Strive for the target that 70% of the up-to-8-year-old children have access to services in support of all-sided development according to demands and suitable to age- groups for health care, education, nutrition, nurture care, child protection, social welfare;

 

- Strive for the target that 70% of the cadres involved in child-related activities at medical examination and treatment establishments, educational institutions, child-nurturing establishments, child protection service-providing establishments… are provided with the knowledge and skills to support and take care of child all-sided development;

- Strive for the target that 50% of the provinces and centrally run cities build the networks for connection and transfer of service level of care for all-sided development of children; monitor and assess demands of the up-to-8-year-old children and experiment the model of care for child all-sided development at families and communities…

This Decision is issued and takes effect on October 29, 2018.

Ü ORGANIZATIONAL STRUCTURE

OPERATIONS OF FOREIGN CULTURAL INSTITUTIONS IN VIETNAM

On September 20, 2018, the Government issues the Decree No. 126/2018/ND-CP on the establishment and operation of foreign cultural institutions in Vietnam.

This Decree prescribes that foreign cultural institutions in Vietnam are allowed to organize cultural and art activities include: Exhibition; performing arts; film projection; creative arts competition; creative arts camp; parties, festivals; events during holidays and anniversaries, meetings; seminars, consultation, debates, speeches; clubs; cultural and arts training.

Foreign cultural institutions in Vietnam have the rights such as: Rent a parcel of land or a building for establishing the head office and maintaining assets and equipment to serve

 

the operation and daily activities; Recruit employees from Vietnam or from a third country; Open VND and foreign currency accounts at a commercial bank…

Obligations of the foreign cultural institutions include: Not become guarantee for those who do not engage in the activities of the institution to apply for their visas; Send a notification of the authorization contents and period to the Ministry of Culture, Sport and Tourism and the People’s Committees of provinces and central affiliated cities where the branches are located and expected activities are carried out…

This Decree takes effect on November 05, 2018.

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