Legal Document Updates in English (05/2014)

REGULATIONS ON LABOR RECRUITMENT

On January 16, 2014, the Government promulgated the Decree No. No. 03/ND-CP dated January 16, 2014 detailing the implementation of a number of Articles of the Labor Code regarding employment. Under this Decree, the employer is entitled to employ Vietnamese labor directly or via employment services or outsourcing service providers to work in industrial parks, exporting processing zones, high tech zones and economic zones.
Also, at least 5 days before receiving the dossiers of registration for recruitment examination from laborers, the employers, employment service organizations or outsourcing service providers must announce on demands for labor recruitment. The contents thereof must cover: professions, jobs, professional qualifications, number of laborers recruited; type of labor contract; wage levels; working

conditions for each position.
The employers, employment service organizations or outsourcing service providers must announce the results of labor recruitment within 5 working days since the day having the result of recruitment. In cases when the laborers fail or do not sit in the recruitment examination, the employers, employment service organizations or outsourcing service providers shall have to return the dossiers to such laborers within 5 working days since the day being required by the laborer.
This Decree takes effect on March 15, 2014 and supersedes Decree No. 39/2003/ND-CP dated April 18, 2003.

FINANCIAL OBLIGATIONS OF ORGANIZATIONS WITH NUCLEAR POWER PLANTS

According to the Decision No. 09/2014/QD-TTg dated January 23, 2014 of the Prime Minister on financial obligations of organizations with nuclear power plants, modes of financial management to ensure operation termination and dismantlement of nuclear power plants, annually within 30 days after ending the fiscal year, organizations with nuclear power plants must deduct the revenue from selling electricity to submit to the fund ensuring the financial obligations.
The deduction rate over the revenue from selling electricity annually of nuclear power plants is 1% in the first five years; 2% in the next five years. In the next operating period, every five years, the Ministry of Industry and Trade shall consider and present to the Prime Minister to decide on adjusting the deduction

NEW REGULATIONS ON PREFERENTIAL POLICIES UPON SELECTING TENDERERS

On November 26, 2013, the National Assembly approved Law on Bidding No. 43/2013/QH13, which shall take effect from July 1, 2014 and supersede Law on Bidding No. 61/2005/QH11. In this Law, the remarkable points focus on preferential policies in tenderer selection.
Accordingly, tenderers shall be enjoyed preferential treatment when participating in domestic or international bidding to supply goods of which costs for domestic production occupy 25% or more.
Domestic tenderers bidding with independent or partnership status or foreign tenderers in partnership with domestic tenderers in which the domestic tenderers take over from 25% or more of work value of bidding package shall also enjoy preferential treatment.
Similarly, entities entitled to preferential treatment in domestic bidding to supply the advisory services, non-advisory services, construction and installment include: Tenderers employing female laborers of 25 % or more of laborer quantity; tenderers employing laborers being invalids, disable people of 25 % or more of laborer quantity; tenderers being small-size enterprises.

TO EXTEND WORKING DURATION UP TO 10 YEARS FOR LECTURERS REACHING THE RETIREMENT AGE

A lecturer holding the title of associate professor or professor or a lecturer holding a doctoral degree working in a higher education institution may continue working beyond the retirement age to teach and conduct scientific research if he/she is physically fit and voluntarily continues working and the higher education institution needs and accepts him/her. This is one of the point regulated in Decree No. 141/2013/ND-CP of October 24, 2013, detailing and guiding a number of articles of the Law on Higher Education.
Accordingly, the extended working duration is 5 year at most for lecturers holding a doctoral degree; 7 years at most for lecturers holding the title of associate professor, or 10 years at most for lecturers holding the title of professor. The above-said persons whose working duration is extended may request to stop working to enjoy the retirement benefits according to regulations.

FINE UP TO VND 300,000 FOR TEASING AND INSULTING HONOR OF OTHERS

On November 12, 2013, the Government promulgated Decree No. 167/2013/ND-CP regulating sanction of administrative violation in social security, order and safety; prevention and fight against social evils, fire and domestic violence.
Accordingly, the sanction level applied for several violated behavior above has been increased as compared with previous regulation. Concretely, having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others; causing loud noise, making noise or boisterousness in residential area or public places during the time from 22 o’clock of the previous day to 6 o’clock of the following day; failing to comply with regulations on keeping quiet of hospitals, nursing homes, schools or other places with regulations on keeping general quiet… shall be imposed a fine from VND 100,000 to 300,000 (Instead of the old fine level of VND 100,000 to 200,000); failing to comply with regulations on sweeping garbage, urinating or defecating in the streets, on the common walkways in public areas and residential areas; leaving cattle, poultry or other animals defecate in public places... shall be imposed a fine from VND 100,000 to 300,000 (Instead of the old fine level of VND 60,000 to 100,000).

PRINCIPLES TO REVIEW THE TRANSFER OF LAND USE RIGHT WHICH HAS BEEN INVESTED IN INFRASTRUCTURE CONSTRUCTION FOR THE RESIDENTS

On November 21, 2013, the Ministry of Construction and the Ministry of Home Affairs promulgated Joint Circular No. 20/2013/TTLT-BXD-BNV on guiding several contents of the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment. Depending on need of urban development, ability of mobilizing resources, proposals of investors, the provincial People’s Committees shall provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people (households and individuals) to self build dwelling houses, after having unified opinion in writing of the Ministry of Construction.
Zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses may include: a zone with many projects; a project or a part in project. Zones permitted to transfer land use right must be invested in essential infrastructure

construction including: Service works and technical infrastructure constructions (Roads, electricity cable routes, lighting system, information and telecommunication, water supply and drainage) under the approved detailed planning; ensuring connection with the general infrastructure system of zone before transferring land use right for people to self build dwelling houses; ensuring supply of essential services to people when they arrive for accommodation…
Especially, land use right are not transferred land lots located in geographical areas in urban districts of the special urban areas, or areas with high requirement on architecture and landscape, central areas and areas surrounding the works which are architecture prominent spots in urban areas; laying at the front face of routes at zone level or higher level, and routes being main landscape in urban area.
This Circular takes effect on January 5, 2014.