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| NUMBER | TITLE |
| In This Updates: | |
LABOR – SALARY |
| LABOR - SALARY | |||
1 | Circular No. 54/2015/TT-BLDTBXH dated December 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the working hours, rest hours applicable to employees on seasonal production work and processing of goods under orders |
| {C}{C}* Total of extra working hours of seasonal laborer shall not exceed 300 hours | Page 2 | |
INVESTMENT |
| INVESTMENT | |||
2 | Resolution No 100/2015/QH13 dated November 12, 2015 of the National Assembly on approving the investment policy for national target programs during 2016-2020 |
| {C}{C}* Invest over VND 190.000 billion on new countryside building | Page 2 | |
3 | Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government guiding a number of Articles of the Law on Investment |
| {C}{C}* The deposit for investment project is from 1% - 3% | Page 2 | |
INSURANCE |
| INSURANCE | |||
4 |
|
| {C}{C}* Maternity regime for female employees being surrogate mothers and intended mothers | Page 3 | |
JUSTICE |
| JUSTICE | |||
5 | Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government on detailing a number of articles of, and measures to implement, the Law on Civil Status |
| {C}{C}* From 2016, only qualified person allowed to perform civil status work | Page 3 | |
SUMMARY:
Ü LABOR - SALARY
| ||
Total of extra working hours in a year of each laborer shall not exceed 300 hours is the important content prescribed at the Circular No. 54/2015/TT-BLDTBXH dated December 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the working hours, rest hours applicable to employees on seasonal production work and processing of goods under orders, takes effect on February 10, 2016. Also in accordance with this Circular, the total maximum number of standard working hours and extra working hours in a week is 64; or 48, for laborers doing extremely hard, hazardous and dangerous jobs. The total maximum number of extra working hours in a month is 32; or 24, for laborers doing extremely hard, hazardous and dangerous jobs. The employer shall apply either maximum weekly standard working hours and extra working hours or maximum monthly extra working hours, and then record it into a plan for annual working hours and rest hours. If the employer decides to apply the maximum monthly extra working hours prescribed in Point b of this Clause, the total of weekly | standard working hours shall do not exceed 56 hours; or 42 hours, laborers doing extremely hard, hazardous and dangerous jobs. On rest hours, laborers are entitled to at least one day off (24 consecutive hours) a week. In seasonal-work months or when export goods must be urgently processed under orders, if weekly days off cannot be arranged, the employer shall arrange at least 4 days off every month for laborers. During-shift and between-shift breaks for laborers comply with the provisions of the Labor Code. For laborers working 10 or more hours a day, the employer shall allow them to have at least extra 30 minutes off included in working hours besides rest hours during normal working shifts. Enterprises shall allow laborers to take all official holidays, annual leave days and other paid days off or other days off in compensation as prescribed in the Labor Code. This Circular replaces the Circular No. 33/2011/TT-BLDTBXH dated November 18, 2011. | |
Ü INVESTMENT
| ||
On November 12, 2015, the National Assembly passed the Resolution No. 100/2015/QH13 approving the investment policy for national target programs during 2016-2020; including National target program on new countryside building and National target program on sustainable poverty reduction. Accordingly, the scope of implementation of the National target program on new countryside building is on communes nationwide with the duration of 2016 through 2020.For the national target program on sustainable poverty reduction, the scope of implementation: nationwide, focusing on poor districts; poor districts with a high rate of poor households eligible for infrastructure investment mechanisms and policies; extreme difficulty-hit communes in alluvial and coastal areas and on islands; extreme difficulty-hit communes in ethnic minority and mountainous regions, border communes, communes in former resistance bases and extreme difficulty-hit villages (Program 135). And the duration of implementation: from 2016 through 2020. National target program on new countryside building: The state budget shall allocate at least VND 193,155.6 billion, of | which, the central budget: VND 63,155.6 billion and the local budgets: VND 130 trillion. In the course of administration, the Government shall further balance the central budget in order to provide additional support for the program and rationally raise non-state budget funds for the program implementation. National target program on new countryside building have the specific objectives that by 2020, around 50% of communes will reach new countryside criteria; and there will be no commune reaching less than 5 new countryside criteria. The national target program on sustainable poverty reduction have the general objectives to implement sustainable poverty reduction and limit relapse into poverty; to contribute to economic growth, ensure social security, raise the poor’s material and spiritual lives and income during 2016-2020 and the specific objectives are to reduce the poverty rate by an average of 1%-1.5% per year nationwide; or by 4% per year according to the national poverty line during 2016-2020, particularly for poor districts and extreme difficulty-hit communes. | |
| ||
In accordance with the Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government guiding a number of Articles of the Law on Investment, takes effect on December 27, 2015, the investor must pay a deposit when receiving land, leasing land, or permitted to repurpose land by the State to execute the investment project… The deposit shall be paid under a written agreement between the investment registration authority and the investor after a decision on investment policies is issued and before the time of land transfer, land lease, or land repurposing. If the investment project is not required to have a decision on investment policies, the time for paying the deposit is the time of land transfer, land lease, or land repurposing. The deposit is a progressive percentage of the project capital written on the decision on investment policies or Investment Registration Certificate. If the capital does not exceed VND 300 billion, the deposit is 3%; the deposit on the amount of capital in surplus of VND 300 billion but not exceeding VND 1,000 billion is 2% and the deposit on the amount of capital in surplus of VND 1,000 billion is 1%. The investor shall receive a deposit reduction of 25% reduction of deposit for investment projects in business lines eligible for investment incentives; investment projects | in disadvantaged areas, investment projects in industrial parks and export-processing zones, including projects for construction and operation of infrastructure in industrial parks and export-processing zones; and of 50% reduction of deposit for investment projects in business lines eligible for special investment incentives; investment projects in extremely disadvantaged areas, investment projects in business lines eligible for investment incentives located in disadvantaged areas; investment projects in hi-tech zones and economic zones, including projects for construction and operation of infrastructure in hi-tech zones and economic zones. Each investment project has a single code which remains unchanged throughout the operation of the project and must not be given to another project. The code of an investment project expires when the investment project is shut down. A code of an investment project is a 10-digit number automatically generated by National Foreign Investment Information System and written on the Investment Registration Certificate. This Decree replaces the Decree No. 108/2015/ND-CP dated September 22, 2006. | |
Ü INSURANCE
| ||
On November 11, 2015, the Government issued the Decree No. 115/2015/ND-CP detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance. In particular, in her pregnancy, a female employee being surrogate mother currently paying compulsory social insurance premiums to the sickness and maternity fund is entitled to take leave for 5 prenatal check-ups, one day each leave. A pregnant employee who lives far from a health establishment or has a pathologic or abnormal pregnancy is entitled to take a two-day leave for each prenatal check-up. Maternity allowance levels for female employees being surrogate mothers must comply with Article 39 of the Law on Social Insurance and shall be calculated on the basis of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For female employees being surrogate mothers who have paid social insurance premiums for under 6 months, the maternity allowance level is the average of salaries of the months for which social insurance premiums have been paid. If the maternity leave period in a month is 14 working days or more, this month shall be regarded as a period of social insurance premium payment. During this period, female employees being surrogate mothers and employers are not required to pay social insurance premiums. A maternity leave from the time of receiving the child until the child reaches full 6 months. In case twins or more | infants are born, from the second child onward, the indented mother is entitled to an additional leave of 1 month for each child; If the intended mother does not take leave, in addition to her salary, she is entitled to the maternity regime under regulations. Besides, this Decree also details the suspension from payment of compulsory social insurance premiums. The cases of suspension from payment of premiums to the retirement and survivorship fund includes suspension of production and business activities for 1 month or more due to difficulties caused by restructuring, technology change, economic crisis or recession, or for implementation of state policies on economic restructuring or fulfillment of international commitments and difficulties caused by a natural disaster, fire, epidemic or crop failure. Employers falling in one of the cases may suspend payment of premiums to the retirement and survivorship fund when being unable to arrange jobs for employees, with employees covered by social insurance and having to cease working accounting for 50% or more of the total workforce before suspension of production and business activities; suffering a loss representing over 50% of the total value of assets (excluding land) as a result of a natural disaster, fire, epidemic or crop failure. This Decree takes effect on January 1, 2016; particularly, particularly, the regulations on persons working under labor contracts with a term of between full 1 month and under 3 months will take effect on January 1, 2018. | |
Ü JUSTICE
| ||
Takes effect on January 01, 2016, the Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles of, and measures to implement, the Law on Civil Status, emphasizes that competent persons may only arrange and recruit persons who are qualified to perform civil status work, based on the number of commune-level cadres and civil servants prescribed by the Government, People’s Committees of provinces and centrally run cities shall prioritize the arrangement of justice and civil status officers to perform civil status work on a full-time basis in communes, wards and townships that are class-1 and class-2 commune-level administrative units with a large population and huge civil status work. The change of family name, middle name and/or given name of a person aged under 18 years is subject to consent of his/her parents clearly expressed in the declaration; if such person is 9 years old or older, his/her | consent is also required. The Decree also allows the birth, marriage and death re-registration. A birth, marriage or death that has been registered with a competent Vietnamese agency before January 1, 2016, may be re-registered if the civil status book and original civil status papers are lost. A birth, marriage or death re-registrant shall submit all copies of papers and documents related to the re-registration. Dossiers of request for civil status registration which are received by the civil status registration agencies before January 1, 2016, and remain unsettled shall be further settled. For male and female partners living together like husband and wife before January 3, 1987, and having not yet registered their marriage shall be encouraged and provided with conditions to register their marriages. Their marital relationship shall be recognized from the date they established their co-living relationship like husband and wife. | |
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