On 17/10/2018, the Ministry of Labour, War Invalids and Social Affairs issued Circular No. 17/2018 / TT-BLDTBXH guiding a number of regulations on self-inspection of the implementation of labor law by enterprises. This Circular shall take effect from 01/01/2019.
Accordingly, Circular 17/2018/TT-BLDTBXH regulates the obligation of enterprises to self-examine and report the results of self-inspection of labor legislation to the State Inspectorate for Labor as follows:
– Number of inspections in the year: At least once a year, enterprises must carry out self-inspection;
– Time of inspection: decided by the enterprise;
– Inspection Period: From the first day of January of the previous calendar year to the time of inspection;
– Contents of self-inspection: The implementation of periodical reports; Recruitment and training of labor; The signing and performance of labor contracts; Dialogue, negotiation, and conclusion of the collective labor agreement; Working hours and rest; Wage payment for labors; The organization and implementation of labor safety and hygiene; The implementation of regulations for female workers, elderly workers, junior workers, disabled workers, foreign laborsThe construction and registration of labor regulations; disciplined labor, compensation for material liability; The participation and deduction of compulsory social insurance, unemployment insurance and monthly health insurance for laborers who are subject to participation; Settlement of disputes and labor complaints;
– Self-examination dossier: Check; self-examination conclusion; Documents for the establishment of the self-inspection team and documents and records.
– Report on inspection results: Enterprises shall coordinate with labor collective representatives in making reports online at the request of the labor inspectorates..
It can be seen that the regulation on self-inspection of labor law in enterprises will contribute to raising the self-consciousness of enterprises in the course of operation and at the same time express the policies of Vietnamese law. Nam in enhancing the freedom and autonomy of enterprises within the framework of law.
On 15/10/2018, the Government issued Decree No 143/2018/NĐ-CP detailed regulations on social insurance and safety laws, labor sanitation on compulsory social insurance for foreign labors working in Vietnam. This Decree takes effect from the date of its promulgation.
Accordingly, Decree No 143/2018/NĐ-CP has notable new highlights as follows:
Labors are foreign nationals working in Vietnam who have a work permit or a practicing certificate or practicing certificate granted by a competent Vietnamese agency and have an indefinite-term contract, A labor contract with a term of one full year or more with employers in Vietnam will be subject to compulsory social insurance. Accordingly, foreign workers are required to comply with the following compulsory social insurance schemes: sick; maternity; insurance for occupational accidents and diseases; retirement and death.
In cases where the laborers being foreign citizens terminate the labor contracts or the validity of the work permits or practice certificates or practice licenses expire (whichever comes first) if the employee fails to continue working under a labor contract is not entitled to a license extension, the employee shall be entitled to one-time social insurance benefits..
It can be seen that, Decree No 143/2018/NĐ-CP has specific regulations, detailed guidelines on social insurance for specific objects are outsiders, thereby creating favorable conditions for their work as well as living in Vietnam, as well as strengthening the state management of these objects.
On 17th, October 2018, The Ministry of Planning and Investment issued Circular No.03/2018/TT-BKHDT guiding and promulgating form of document to carry out investment procedures to abroad. This Circular will take effect from 01st, December 2018.
Accordingly, the Circular No. 03/2018 / TT-BKHDT attach the forms of documents to carry out investment procedures to abroad, including:
– Form No. 1: Request for issuance of the certificate of investment registration abroad;
– Form No. 2: Proposal for offshore investment; Form No. 3: Request for amendment of the investment registration certificate;
– Form No. 4: Explanation on amendment of the certificate of investment registration abroad;
– Form No. 5: Commitment letter on self-arranging foreign currency;
– Form No. 6: The written commitment of the authorized credit institution to arrange foreign currencies;
– Form No. 7: The written certification of the investor’s fulfillment of the tax obligation with the State;
– Form No. 8a: The form of the offshore investment registration certificate (for the first registration);
– Form No. 8b: The form of the overseas investment registration certificate (adjusted for registration);
– Form No. 9: Notice on overseas investment activities;
– Form No.10: Quarterly reports on the situation of overseas project execution;
– Form No. 11: Report on the annual implementation of projects overseas;
– Form No. 12: Forms of annual reports on the situation of offshore investment activities after the tax settlement is made in foreign countries;
– Form No. 13: A written request for extension of the remittance of profits to the country;
– Form No. 14: Form for approval of the transfer of profit to the country;
– Form No. 15: Forms of notices of investors sent to the State Bank of Vietnam applicable to cases where investors transfer their entire overseas investment capital to foreign investors;
– Form No. 16: A written request for invalidation of the offshore investment registration certificate;
– Form No. 17: Forms of written notices invalidating the certificates of investment registration abroad.
In conclusion, promulgating the form of documents to carry out the investment procedures to abroad through Circular No. 03/2018 / TT-BKHDT is expected to create easier conditions for enterprises to carry out the investment procedures. Besides, the issuance of new document will support the implementation of the law and management of Authorities being more effectively.
On 16th, October 2018, The Government issued Decree No.144/2018/ND-CP amending and supplementing related to Decrees regulating multimodal transport. This Decree takes effect from the issued date.
Accordingly, this Decree contains new regulations, as follow:
Firstly, Vietnamese enterprises, cooperatives and foreign enterprises investing in Vietnam are only operated business when they obtained the international multimodal transport business license and ensure the following conditions:
– Maintaining a minimum asset equivalent to 80,000 SDR (Special Drawing Rights) or having an equivalent guarantee or alternative financial plan in accordance with the law;
– Having professional liability insurance for multimodal transport or equivalent guarantee.
In addition, this Decree also deregulated regulation related to the enterprise must register the international multimodal transport fields in the business registration certificate. This regulation, in order to avoid unnecessary repetition because the enterprise wants to business international multimodal transport, it is also necessary to have the “international multimodal transport business license”.
Secondly, enterprises of countries which are members of the ASEAN Framework Agreement on Multimodal Transport or are enterprises in other countries which have signed international conventions with Vietnam on multi-modal transportation can be operated business after receiving the international multimodal transport business license of Vietnam and ensure the following conditions:
– Having a certificate of international multimodal transport business registration or equivalent papers granted by the competent agency of that country;
– Having professional liability insurance for multimodal transport or equivalent guarantee.
In addition, Decree 144/2018/ND-CP also stipulates that the Ministry of Transport has the authority and responsibility to organize the management and issuance of international multimodal transportation business licenses.
Thus, Decree No. 144/2018/ND-CP with detailed and specific regulations is expected to bring about significant changes, especially those related to the reduction of some articles. related to the international multimodal transport business. By that, contributing to facilitating the removal of existing barriers, encouraging enterprises to accelerate their business activities in this field, aiming to develop enterprises in particular and the national economy in general.
On 12th, September 2018, the Ministry of Finance issued Circular No.25/2018/TT-BTC guiding the determination of electricity prices for rented house service business unit. This Circular takes effect from 26th, October 2018.
Accordingly, in determining the retail price of electricity for students, laborers when renting house has many changes, specifically as follows:
Abolishing the regulation that homeowner can be take charged of electricity renter house according to the electricity bill every month plus 10% for power losses, lighting costs, and general water pumping.
Instead, the homeowner will declare and notify the number of electricity user to the electricity seller in order to determine the retail price of electricity. The determination base on the principle that four people is calculated as a household using electricity, one person is a ¼ unit, two is ½ unit, three is ¾ unit, four is a household using electricity.
In case of changing in the number of electricity users, the lessor shall notify the electricity seller to adjust the electricity charge. If the homeowner cannot register the full number of users of electricity, the electricity price will be applied to the third level with 1450 VND/ kWh.
Besides, this circular regulate that electrical sellers have verifying rights and require proving the temporary register for the month to determine the number of persons to calculate the norm when calculating the electricity bill.
Thus, with the issuance of Circular No. 25/2018/TT-BTC, the determination of electricity prices for students and labors has been tighten, attached to the responsibility of the landlord and guaranteed through inspection activities for the unit selling electricity contribute limited restriction that the tenant must use electricity at a price higher than the regulations of the State.
On 15th, October 2018, People’s Committee of Hanoi issued Decision No.25/2018/QD-UBND regulating the dossiers, procedures for the implementation of individual and households takes Land use rights into enterprises. This Decision takes effect from 25th, October 2018.
Accordingly, households or individuals who are leased land or allocated land by the District People’s Committee for use in non-agricultural production or business, want to take their land use rights into business that it ensures procedure following the regulation of law. The enterprises received land use rights, that have to submit dossier to the authority, including:
– Changing on land registration form;
– Documents related to land use origin;
– Business registration dossier of the enterprise;
– Project dossier and land use planning.
Pursuant to the purpose of land use of business, Hanoi environment and natural resources department will guide the business to carry out procedures for changing land use purposes, signing land lease contracts and declaring application for land use rights certificate. Especially, the rental price is determined by the price applying for individual, household before.
In summary, Decision No. 25/2018/QD-UBND show that the People’s Committee of Hanoi is gradually doing policies to support and promote the development of household economy in Hanoi.
On August 28, 1818, the Ministry of Defense issued Circular No. 138/2018/TT-BQP guiding the adjustment of monthly allowances for soldier and caliber workers who are paid salaries as for army personnel who have been demobilized or demobilized. This Circular takes effect on October 14, 2018.
Accordingly, Circular No. 138/2018/TT-BQP regulates on monthly allowances for soldier and caliber workers who are paid salaries as for army personnel who have been demobilized, demobilized or laid off, specifically:
Adjustment to increase the monthly allowance of June 2018 for:
– Military personnel who have been demobilized and demobilized are entitled to a monthly allowance under the provisions of Decision No. 142/2008/QD-TTg of October 27, 2008;
– Military personnel and cipher workers who are paid salaries as for those who have been demobilized or demobilized, who are receiving monthly allowances under the Decision No. 62/2011/QD-TTg on November 9, 2011.
Monthly benefit amount from 1/7/2018 = Monthly benefit rate in June 2018 x 1.0692
Thus, the monthly allowance level after the adjustment has increased, specifically as follows:
– From 15 to under 16 years: 1,764,000 VND/month;
– From 16 to under 17 years: 1,844,000 VND/month;
– From 17 to under 18 years: 1,925,000 VND/month;
– From 18 under 19 years: 2,005,000 VND/month;
– From 19 to under 20 years: 2,085,000 VND/month.
It can be seen that, through the Circular No. 138/2018 / TT-BQP, the Ministry of Defense has made appropriate and timely adjustments to military personnel. It shows the interest of the leaders of the State as well as contributes to improving the spiritual and material life of soldiers and soldiers as well as those who are working in the core business, ensuring the rights as well as contribution. They can be assured of their work and dedication to the country.
On 08/10/2018, the Government issued Resolution No. 125/NQ-CP promulgating the Government’s Action Program to implement Resolution No. 28-NQ/TW of May 23, The 7th Central Committee on reforming social insurance policy. This resolution takes effect from the date of its promulgation.
Accordingly, the Government has a series of adjustments related to the social insurance policy in the coming time requires implementation. Specifically:
– To amend the wage regulations so as to facilitate the determination of grounds for payment of social insurance premiums in enterprises by at least 70% of the total wage of other qualitative incomes of laborers;
– To adjust the calculation of pension according to the principle of enjoyment; To increase the entitlements if the social insurance premiums are reserved for the purpose of enjoying the retirement or reduction of the entitlement to one-time social insurance benefits;
– Pilots implement flexible short-term voluntary insurance so that employees have more choices to participate and enjoy;
– Determining the participation in compulsory social insurance for Vietnamese laborers going to work overseas and the enjoyment of social insurance regimes after the end of their working time abroad.
Thus, the promulgated action plan of the Government is expected to promote the implementation of policies on social insurance seriously implemented, ensuring the legitimate rights and interests of the workers and contribute to ensuring social justice.
On 14/09/2018, the Government issued Circular No. 26/2018/TT-BCT amend and supplementing Appendix IV issued with Circular No. 20/2014/TT-BCT dated June 25, 2014 Regulations on the implementation of rules of origin in the ASEAN Free Trade Area Agreement. This Circular will come into force on October 29, 2108.
Accordingly, Circular No. 26/2018/TT-BCT has the following remarkable contents:
– “Special goods” to be re-imported in the form of a product that does not undergo any simple processing or processing in the territory of the re-importing Member for export shall be deemed to originate from the territory of the re-importing country, provided that:
• The total value of non-originating materials not exceeding 40% (percent) of the FOB value of the finished product shall be deemed to have the origin;
• The value of originating materials exported from a member country must account for at least 60% (%) of the total value of the raw materials used in the production of the finished product.
– The C/O issuer of the exporting country must clearly state on the special goods C/O;
– Korea assists the customs authorities of the importing Member State to conduct an inspection of goods in accordance with the law.
It can be seen that Circular No. 26/2018 / TT-BCT has contributed to clarifying some contents of the implementation of rules of origin in the ASEAN-Korea Free Trade Area Agreement, thereby facilitating It also helps to promote diplomatic relations in economic aspects as well as between Vietnam and other countries in the region.