The New Policy Effective September 2024

The new regulations on salary scales, salary structures, and allowances for employees in state-owned enterprises, along with the revised rules on foreign currency transactions between official foreign exchange reserves and the state budget, represent a significant shift in policies that will come into effect from September 2024.

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New policies take effect from September 2024.

From September 1st, 2024, new regulations on the number of deputy positions in agencies and units will be applied

On July 10th, 2024, the Government issued Decree No. 83/2024/ND-CP, amending a series of provisions on the number of deputy positions in agencies and units. Decree No. 83/2024/ND-CP took effect on September 1st, 2024.

Regarding the number of deputies of the heads of departments, bureaus, inspectorates, and offices under the General Departments under the Ministries, Decree No. 83/2024/ND-CP amends Points a and b, Clause 5, Article 22 of Decree No. 123/2016/ND-CP, which was previously modified and supplemented in Clause 12, Article 1 of Decree No. 101/2020/ND-CP, as follows:

a) A department under the General Department with a staff of 15 to 20 civil servants, a bureau (except for a bureau located in localities), an inspectorate, and an office under the General Department with fewer than 04 organizations shall be assigned no more than 02 deputies;

b) A department under the General Department with a staff of more than 20 civil servants; a bureau (except for bureaus located in localities), an inspectorate, and an office under the General Department with 04 or more organizations shall have the number of deputies of each unit decided by the Minister or head of the ministerial-level agency, ensuring an average of no more than 03 deputies per unit.

Regulations on the transformation of state-owned enterprises into one-member limited liability companies

The Government issued Decree No. 89/2024/ND-CP on July 16th, 2024, on the transformation of state-owned enterprises established and operating under the Enterprise Law into limited liability companies with 100% state-owned capital, organized and operating under the Enterprise Law.

The Decree states that the state capital representative agency shall decide to transform the state-owned enterprise that it decides to establish or is assigned to manage into a one-member limited liability company with 100% state-owned capital.

The limited liability company inherits all the legitimate rights and interests of the state-owned enterprise or untransformed subsidiary; is entitled to use all the assets, labor, and land area managed by the transformed enterprise to organize production and business activities in accordance with the law.

The limited liability company is responsible for the obligations of the untransformed state-owned enterprise or subsidiary, including unpaid debts, labor contracts, obligations in the management and use of land in accordance with the law on land, and other obligations and responsibilities.

This Decree takes effect on September 1st, 2024.

Amendment to regulations on the freezing and handling of money and assets related to terrorism

Taking effect from September 1st, 2024, Decree No. 93/2024/ND-CP, dated July 19th, 2024, amends and supplements a number of articles of Decree No. 122/2013/ND-CP, providing for the temporary suspension of circulation, freezing, sealing, temporary confiscation, and handling of money and assets related to terrorism, terrorist financing, and the establishment of a list of organizations and individuals related to terrorism and terrorist financing.

Amendment to regulations on the exercise of rights and responsibilities of the state capital representative

On July 25th, 2024, the Government issued Decree No. 97/2024/ND-CP, amending and supplementing a number of articles of Decree No. 10/2019/ND-CP, dated January 30th, 2019, on the exercise of rights and responsibilities of the state capital representative.

Decree No. 97/2024/ND-CP takes effect on September 10th, 2024, clarifying that the state capital representative agency shall exercise the rights and responsibilities of the state capital representative in accordance with the provisions of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises and relevant laws for:

1- Enterprises established by the state capital representative agency;

2- Enterprises that the state capital representative agency is assigned to manage or is assigned to directly act as the state capital representative, including enterprises decided to be established by the Prime Minister before the Law on Management and Use of State Capital Invested in Production and Business at Enterprises takes effect and are not named in Appendix I attached to this Decree;

3- State capital in joint-stock companies, limited liability companies with two members or more.

From September 20th, livestock farms will be supported up to VND 1 billion for the treatment of livestock waste

The Government issued Decree 106/2024/ND-CP on August 1st, 2024, specifying policies to support and encourage the improvement of livestock efficiency, including supporting artificial insemination for buffaloes, cows, and pigs; supporting the purchase of male buffalo, cow, goat, sheep, pig, and deer breeding; supporting the purchase of chicken, duck, and goose breeding parents, and encouraging the treatment of livestock waste.

According to this Decree, organizations and individuals are supported up to 50% of the value of livestock waste treatment products to encourage the application of livestock waste treatment. The maximum support level is as follows: VND 5 million/household (livestock farming household); VND 50 million/facility (small and medium-sized livestock farms); VND 100 million/facility (large-scale livestock farms).

At the same time, support up to 50% of the value of biogas works to encourage the treatment of livestock waste. The maximum support level is as follows: VND 7 million/work (livestock farming household); VND 300 million/work (small and medium-sized livestock farms); VND 1 billion/work (large-scale livestock farms).

This Decree takes effect on September 20th, 2024.

Reduction of 50% registration fee for domestically produced and assembled cars

The Government issued Decree No. 109/2024/ND-CP on August 29th, 2024, stipulating the registration fee rate for domestically produced and assembled cars, trailers or semi-trailers, and similar vehicles.

Accordingly, from September 1st, 2024, to November 30th, 2024: The registration fee rate is 50% of the rate prescribed in Decree No. 10/2022/ND-CP dated January 15th, 2022, of the Government stipulating registration fees, and current resolutions of the People’s Councils or decisions of the People’s Committees of provinces and centrally-run cities on registration fee rates in localities and documents amending, supplementing, and replacing them (if any).

From December 1st, 2024, onwards: The registration fee rate continues to be implemented according to the provisions of Decree No. 10/2022/ND-CP; current resolutions of the People’s Councils or decisions of the People’s Committees of provinces and centrally-run cities on registration fee rates in localities and documents amending, supplementing, and replacing them (if any).

Credit policy for clean water supply and rural sanitation

The Prime Minister has issued Decision No. 10/2024/QD-TTg dated July 15th, 2024, on credit for clean water supply and rural sanitation. This Decision stipulates the credit policy for clean water supply and rural sanitation to implement the National Strategy for Rural Water Supply and Sanitation to 2030, with a vision to 2045, according to Decision No. 1978/QD-TTg dated November 24th, 2021, of the Prime Minister. It provides loans for the construction, upgrading, renovation, and repair of two types of works, including: Household-scale water supply works; household-scale sanitation works. This Decision takes effect on September 2nd, 2024.

New regulations on salary scales, salary tables, and allowances for employees in state-owned enterprises

Circular No. 06/2024/TT-BLDTBXH, issued on July 30th, 2024, and taking effect on September 15th, 2024, amends and supplements Circular No. 26/2016/TT-BLDTBXH, guiding the implementation of labor management, salaries, and bonuses for employees in one-member limited liability companies with 100% state-owned capital.

Circular 06/2024/TT-BLDTBXH supplements Article 9a on salary scales, salary tables, and allowances for employees in one-member limited liability companies with 100% state-owned capital (state-owned enterprises) as follows:

– Based on the production and labor organization, the company shall review and decide to continue to maintain or amend, supplement, or build and promulgate new salary scales, salary tables, and allowances (accompanied by applicable standards), ensuring the provisions of Clause 2, Article 9a of Circular No. 26/2016 /TT-BLDTBXH (amended and supplemented by Circular No. 06/2024/TT-BLDTBXH) as a basis for ranking, paying salaries, and implementing regimes for employees in accordance with the provisions of labor law.

– The salary levels in the salary scales, salary tables, and allowances are decided by the company, ensuring that the salary fund is determined on the basis of the total salary in a year of all employees calculated according to the salary levels in the salary scales, salary tables, and allowances of the company, not exceeding the planned salary fund of employees according to the provisions of Circular No. 26/2016/TT- BLDTBXH (amended and supplemented by Circular No. 06/2024/TT-BLDTBXH).

– When amending, supplementing, or building and promulgating new salary scales, salary tables, and allowances, the company must consult the opinion of the representative organization of employees at the grassroots level, organize dialogues at the workplace in accordance with the provisions of the Labor Code and guiding documents, report to the state capital representative agency for opinions, and publicize them in the company before implementation.

Guidance on the method of setting the average electricity selling price

The Ministry of Industry and Trade has issued Circular No. 09/2024/TT-BCT dated July 30th, 2024, providing for the calculation of the average electricity selling price. The Circular takes effect officially from September 14th, 2024.

Circular 09/2024/TT- BCT guides the Vietnam Electricity Group (EVN) to calculate the average electricity selling price according to the provisions of Article 4 of Decision No. 05/2024/QD-TTg dated March 26th, 2024, of the Prime Minister on the mechanism for adjusting the average electricity selling price.

The Circular guides in detail the method of setting the average electricity selling price annually and within the year, as well as the calculation formula to obtain the final electricity price.

Accordingly, the average electricity selling price annually and within the year is calculated based on the costs of the power generation stage, the cost of system auxiliary services, the cost of buying electricity trading services, transmission, distribution – retail electricity, power system dispatch and electricity market transaction management, and the cost of industry management in the average electricity selling price annually/within the year.

Guidance on the management of environmental restoration deposit in mineral exploitation

The Ministry of Finance has issued Circular No. 57/2024/TT-BTC dated August 1st, 2024, guiding the management and use of the environmental restoration deposit in mineral exploitation and waste burial activities at the Vietnam Environment Protection Fund. This Circular takes effect from September 14th, 2024.

According to the Circular, the depositor is an organization or individual engaged in mineral exploitation and waste burial activities in accordance with the Law on Environmental Protection and relevant guiding documents. The deposit-receiving party is the Vietnam Environment Protection Fund.

The deposit is an amount of money that the depositor sends to the deposit-receiving party to ensure the responsibility for carrying out the environmental restoration items and handling the risks and environmental pollution arising from mineral exploitation and waste burial activities in accordance with the law and this Circular.

The deposit-receiving party must deposit the entire deposit into a separate deposit account opened at a commercial bank. The deposit account is independent of the other accounts of the deposit-receiving party at the commercial bank and keeps a detailed record of the deposit and interest arising from the deposit of each project, organization, and individual…

Amendment to regulations on the purchase and sale of foreign currencies between official foreign exchange reserves and the state budget

The State Bank of Vietnam (SBV) has issued Circular No. 43/2024/TT-NHNN dated August 9th, 2024, amending and supplementing a number of articles of Circular No. 01/2014/TT-NHNN dated December 10th, 2014, guiding the implementation of the management of official foreign exchange reserves. This Circular takes effect from September 23rd, 2024.

Circular 43/2024/TT-NHNN amends and supplements Article 9 of Circular No. 01/2014/TT-NHNN on the purchase and sale of foreign currencies between official foreign exchange reserves and the state budget as follows:

– Purchase of foreign currencies from the state budget: Based on the annual foreign currency sales plan of the state budget and the written request for foreign currency sales of the Ministry of Finance and/or the directives of the Prime Minister, the State Foreign Exchange Reserve Management Department shall purchase foreign currencies to supplement the official foreign exchange reserves from the state budget at the prescribed exchange rate.

– Sale of foreign currencies to the state budget: Based on the written request for foreign currency purchases of the Ministry of Finance to meet the foreign currency needs of the state budget, the State Foreign Exchange Reserve Management Department shall coordinate with the Monetary Policy Department to build a plan to balance the sale of foreign currencies to the state budget, submit it to the Governor of the State Bank for approval, and notify the Ministry of Finance. Based on the approved foreign currency balance plan, the State Foreign Exchange Reserve Management Department shall sell foreign currencies to the state budget at the prescribed exchange rate.