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In This Updates: |
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LABOR - SALARY |
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LABOR – SALARY |
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Circular No. 35/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs providing guidance on implementation of employee policies in the context of transformation of public service establishments into Joint-Stock Companies under the Prime Minister’s Decision No. 22/2015/QD-TTg dated June 22, 2015 |
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* Employee policies in the context of transformation of public service establishments |
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INSURANCE |
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INSURANCE |
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Decree No. 166/2016/ND-CP dated December 24, 2016 of the Government regulating on electronic transactions in social, health and unemployment insurance |
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* Conditions on electronic transactions in social insurance |
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COMMERCE |
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COMMERCE |
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* From 15/2, company of prize-rewarding electronic gaming business must possess the charter capital of no less than VND 200 billion |
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TRANSPORTATION |
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TRANSPORTATION |
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Decree No. 170/2016/ND-CP dated December 27, 2016 of the Government regulating on announcement, receiving, processing and transmitting maritime security information |
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* Security equipment onboard ships, mobile drilling rigs must maintain 24/24 |
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ADMINISTRATIVE |
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ADMINISTRATIVE |
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Circular No. 53/2016/TT-BCA dated December 28, 2016 of the Ministry of Public Security on the declaration and acknowledgement of information on temporary residency of foreigners in Vietnam |
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* Hotels furnishing tourist accommodation must declare foreigners’ temporary residency on a website |
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SUMMARY:
Ü LABOR - SALARY
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On October 25, 2016, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 35/2016/TT-BLDTBXH providing guidance on implementation of employee policies in the context of transformation of public service establishments into Joint-Stock Companies under the Prime Minister’s Decision No. 22/2015/QD-TTg dated June 22, 2015. Employees that appear on the regular employee list of a transformed public service establishment as of the date of valuation of a transformed public service establishment (the date of closing of its accounting book, preparation of its financial statement for determination of value of that public service establishment) shall be entitled to distributions of the residual cash amount of the incentive, welfare fund (after offsetting payments in excess of benefits paid to employees), or revenue of the income stabilization fund |
(where available) in proportion to work term duration (number of years of employment or a full year) from the date of final recruitment into a transformed public service establishment to the date of valuation of the public service establishment for transformation into the joint-stock company. Distributing residual cash amounts of the incentive and welfare fund and revenue of the reserve fund for income stabilization in the fractional part of number of years of employment shall be subject to the transformed public service establishment’s decision. Employees appearing on the regular employee list as of the date of announcement of value of a transformed public service establishment shall be entitled to purchase shares at preferential prices in proportion to the time period for which they have actually worked in the public sector. This Circular takes effect on December 10, 2016. |
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Ü INSURANCE
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Takes effect on March 01, 2017, the Decree No. 166/2016/ND-CP dated December 12, 2016 of the Government regulating on electronic transactions in social, health and unemployment insurance. Any authorities, organizations and individuals that conduct electronic transactions in social insurance must hold a valid digital certificate granted by the provider of digital signature authentication services in accordance with regulations of laws. In case an individual conducts electronic transactions in social insurance when he/she does not have a digital certificate granted, he/she may use electronic transaction authentication number granted by the Vietnam Social Security (VSS); have ability to access to/ use the Internet network; have a stable email address which has been registered with the VSS. |
On criteria for selecting information technology organization to enter into contract of providing I-VAN services, the Decree prescribes that technical equipment and facilities must ensure the provision of services to participants in electronic transactions in social insurance, and the safe connection with the portal of SSVA during 24 hours a day and 7 days a week, except for maintenance period. The maintenance period shall not exceed 2% of total service hours per year; services may be provided through computers, tablets or smart phones of users…The electronic transaction log must be stored for the period of no less than 10 years from the time on which that transaction is completed. Data on the stored electronic transaction log must be assessable during the storage period. |
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Ü COMMERCE
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From February 15, a company shall only qualify for the certification of eligibility for prize-rewarding electronic gaming business after being licensed by competent authorities to establish and operate a tourist accommodation establishment and registering for conducting the prize-rewarding electronic gaming business pursuant to the law and have possession of the charter capital of no less than VND 200 billion. This is the important content prescribed at the Decree No. 175/2016/ND-CP dated December 30, 2016 of the Government on amending a number of articles of the Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners. Another content is the fine for prize-rewarding electronic gaming business. A fine of VND 90,000,000 to VND 100,000,000 shall be levied on an individual who runs a prize-rewarding electronic gaming business without a certificate of business eligibility. An organization committing the violation shall incur double such fine. A fine of VND 180,000,000 to VND 200,000,000 shall be levied on a company conducting the prize-rewarding electronic gaming |
business at a location different from that licensed by the competent state management agency pursuant to the laws. And a fine of VND 90,000,000 to VND 100,000,000 shall be levied on a company that deploys prize-rewarding electronic gaming machines in violation. Only the companies certified to possess business eligibility and the companies can advertise the activities of prize-rewarding electronic gaming business such as the companies in possession of a certificate of investment registration or certificate of company registration, which registers the prize-rewarding electronic gaming business, or a written permit of prize-rewarding electronic gaming business from the competent state management agency prior to the effective date of this Decree can continue their prize-rewarding electronic gaming business according to such certificate or written permit. The company can only place advertisements on panels and boards inside the tourist accommodation establishment licensed by the competent state management agency for prize-rewarding electronic gaming business; however, such advertisements shall be neither audible nor visible to the people outside the establishment. |
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Ü TRANSPORTATION
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On December 27, 2016, the Government issued the Decree No. 170/2016/ND-CP dated December 27, 2016 of the Government regulating on announcement, receiving, processing and transmitting maritime security information. Within that, the most important content is the responsibilities of owners of Vietnamese ships, port facilities and mobile drilling rigs. Every owner of Vietnamese ships and mobile drilling rigs shall cooperate with the Center and relevant authority in punctual verification of the maritime security information and the actual situation of security alerts transmitted from ships and mobile drilling rigs within the administration and extraction; ensure that security equipment onboard ships and mobile drilling rigs is maintained around the clock and take on legal responsibilities for false security alerts from ships and mobile drilling rigs within the administration and extraction, except for ships under repair on floating docks. Every owner of Vietnamese ships, port facilities and mobile drilling rigs shall punctually provide for the Center information on |
enterprises’ mailing address and a list of security officers of the port facility, ship owner and mobile drilling rigs, and a list of ships within the administration and extraction of the ship owner; punctually update the mailing address and the above-mentioned list in case of any adjustment; punctually, quickly and correctly provide maritime security information for the Center and relevant authorities; hold the rehearsal of transmitting maritime security information and test security alert systems as stipulated in regulations of laws… Also in accordance with this Decree, It shall ensure that receiving, processing and transmitting of maritime security information between the Center, Coast Guard Command, Ministry of Public Security, relevant authorities and port facilities’ owners and ship owners is conducted around the clock, smoothly, precisely and in accordance with law on security, via proper means such as by post, telephone, facsimile or email. This Decree takes effect on July 01, 2017. |
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Ü ADMINISTRATIVE
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This is the requirement of the Ministry of Public Security at the Circular No. 53/2016/TT-BCA on December 28, 2016 on the declaration and acknowledgement of information on temporary residency of foreigners in Vietnam. In particular, Hotels furnishing tourist accommodation shall declare foreigners’ temporary residency on a website intended thereof. Other accommodation establishments can declare foreigners’ temporary residency either on website, which is more encouraged, or via the temporary residency declaration form. Declarant of temporary residency shall access the website of the immigration office of the police department of the province or central-affiliated city where the relevant |
accommodation establishment is located (referred to as the website) and input the name, type, address, telephone number and email address of the accommodation establishment and the declarant’s name, date of birth, telephone number, ID card number or citizenship identity card number or passport number to obtain a declaration account. Changes to the information concerning the declaration account shall be updated promptly on the website. The immigration office of the provincial police department shall acknowledge the information on foreigners' temporary residency declared on the website on 24/7 basis and notify border guard stations in border areas where foreigners reside temporarily in local accommodation establishments |
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