Legal Document Updates in English (06/2018)

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NUMBER

TITLE

 

In This Updates:

LABOR –SALARY

 

LABOR – SALARY

1

28/2017/TT-BLDTBXH

Circular No. 28/2017/TT-BLDTBXH dated December 15, 2017 of the Ministry of Labor, War Invalids and Social Affairs on providing for educational quality assurance system for vocational schools

 

Vocational schools must have quality assessment every year

Page 2

INVESTMENT

 

INVESTMENT

2

08/2018/ND-CP

Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government on amending a number of the Articles of the Decrees related to business conditions under state management of the Ministry of Industry and Trade

 

Loosen provisions on establishing e-commerce website

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

3

01/2018/TT-BYT

Circular No. 01/2018/TT-BYT dated January 18, 2018 of the Ministry of Health on labeling and package inserts of drugs and medicinal ingredients

 

New provisions on labeling and package inserts of drugs

 

Page 2

4

49/2017/TT-BYT

Circular No. 49/2017/TT-BYT dated December 28, 2017 of the Ministry of Health on tele-medicine

 

Patients shall have telemedicine consultation

Page 3

5

48/2017/TT-BYT

Circular No. 48/2017/TT-BYT dated December 28, 2017 of the Ministry of Health on prescribing transfer of electronic data used in management and payment of covered health care costs

 

 Healthcare data shall be transferred immediately after ending a treatment

Page 3

CONSTRUCTION

 

CONSTRUCTION

6

01/2018/TT-BXD

Circular No. 01/2018/TT-BXD dated January 05, 2018 of the Ministry of Construction on urban green growth indicators

 

24 urban green growth indicators

Page 3

OTHERS

 

OTHERS

7

44/2017/TT-BTTTT

Circular No. 44/2017/TT-BTTTT dated December 29, 2017 of the Ministry of Information and Communications on accreditation of information technology certificates used in Vietnam issued by foreign organizations satisfying information technology skill standards for users

 

Criteria for accreditation of IT certificates issued by foreign organizations

Page 4

SUMMARY:

Ü   LABOR - SALARY      


VOCATIONAL SCHOOLS MUST HAVE
QUALITY ASSESSMENT EVERY YEAR

This is the requirements of the Ministry of Labor, War Invalids and Social Affairs on 28/2017/TT-BLDTBXH dated December 15, 2017 and takes effect on February 01, 2018.

In particular, Vocational colleges, vocational secondary schools and career centers are required to conduct the internal assessment of vocational training quality every year. Internal quality assessment of training programs in nationally, regionally and internationally key vocations, and training programs meeting standards for inspection of vocational training quality shall be also conducted every year.

 

All units and relevant individuals of the vocational school must participate in the assessment. The assessment shall be conducted according to current criteria and standards for quality inspection for vocational schools and relevant guidelines. It must ensure that all activities of the vocational school and all training programs organized at its campuses and branches shall be properly assessed.

Results of the internal quality assessment must be publicly announced within the vocational school, updated on the quality assurance database of the IT system of the vocational training authority, and properly retained with all relevant documents and evidences

Ü   INVESTMENT      


LOOSEN PROVISIONS ON ESTABLISHING E-COMMERCE WEBSITE

Many provisions on business conditions under state management of the Ministry of Industry and Trade are loosen. This is the main content of Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government.

In e-commerce field, this Decree defined that the trader, organization or individual that is issued with personal tax identification number are allowed to set up e-commerce websites, without having websites with valid domain names and complying with regulations on management of information on the Internet or having functions and tasks in compliance with law as before.

With regards to franchising field, the franchisor shall be entitled to franchise a business if it has been operating for

 

at least 1 year. So, many previous conditions such as: Has registered franchising with the competent agency; In-business goods and/or services covered by commercial rights do not violate the provisions of law… are eliminated.

With regards to petrol and oil field, eliminated provision “enterprise that are allowed to import, export petrol and oil must having registered for petrol and oil trading as specified in its enterprise registration certificate”. In conclusion, any enterprise that established lawfully, meets the requirement of relevant law is allowed to import, export petrol and oil without having registered for petrol and oil trading as specified in its enterprise registration certificate.

This Decree takes effect on the signing date.

Ü  MEDICAL - HEALTH 


NEW PROVISIONS ON LABELING AND PACKAGE INSERTS OF DRUGS

Beside requirement about labeling and package inserts of drugs and medicinal ingredients, Circular No. 01/2018/TT-BYT dated January 18, 2018 of the Ministry of Health also prescribed about changing expiry dates of labeled drugs because of national defense and security, epidemic control or disaster recovery need.

Accordingly, the package insert is an integral part of the drug label and contained in the secondary package. If a drug does not have the secondary package, the package insert must be printed or affixed on the primary package.

All information about the influence of drugs on pregnant women shall be provided. If such information is 

 

not available, the text “There is no controlled data in human pregnancy. The drug is only recommended for use during pregnancy when benefit outweighs risk” must be specified. Concurrently, all the reactions of the drug with other drugs and other reactions (e.g. with alcohol, foods, etc.) that may affect the effectiveness of the drug must be specified.

With regards to drugs on the list of State secrets and family remedies that allowed to omit certain herbal ingredients and contents or weights thereof, the package inserts must have the text “The drug recipients is the State secret” or “The drug recipients is the traditional secret”.

This Circular takes effect on June 01, 2018.


PATIENTS SHALL HAVE TELEMEDICINE CONSULTATION

The Circular No. 49/2017/TT-BYT on telemedicine issued by the Ministry of Health on December 28, 2017 and takes effect on February 15, 2018.

Accordingly, telemedicine means exchange of information related to a patient’s health between such patient and a health care provider or among health care providers in distant areas through the use of information technology (IT) and telecommunication. Telemedicine shall be provided on the principle of voluntary between participants.

Consultants providing remote consultation on disease prevention shall only consult the contents in

 

compliance with their qualifications and take responsibility for their consultation contents. In the case of telemedicine consultation, consultants providing telemedicine consultation shall only consult the contents in compliance with their qualifications mentioned in their certificates of medicine examination and treatment according to regulations of law on medicine examination and treatment and take responsibility for their consultation contents.

The patients have the rights of decision and responsibilities on using the consultation, and at the same time, inform the performance to the consultants


HEALTHCARE DATA SHALL BE TRANSFERRED IMMEDIATELY
AFTER ENDING A TREATMENT

This content is prescribed in Circular No.  48/2017/TT-BYT dated December 28, 2017 of the Ministry of Health on prescribing transfer of electronic data used in management and payment of covered health care costs.

Electronic data used in management, assessment and payment of covered medical costs shall include input data and output data, be established based on and in strict compliance with regulations of the general nomenclature codes, and shall be required to ensure linkage and interconnectivity between electronic data for management, inspection and payment of covered medical costs. Health care establishments shall upload electronic data on the data receipt Portal of the Health Insurance Verification Information System administered by the Vietnam Social Security (hereinafter referred to as Health Insurance

 

 

Verification Portal) immediately after an outpatient medical check-up and treatment visit or an inpatient health care stay, unless some cases according to the law.

Within 7 working days from the date of end of a patient’s health care visit, healthcare establishments shall be obliged to: Carry out checking and comparison to adjust electronic data in the event of any deviation as compared with those existing in the reality and provide additional information in case of insufficient information or eliminate irrelevant information before sending out electronic data to request payment of covered medical costs; Authenticate the electronic data sent as a request for inspection and payment of covered medical costs before the responsible or authorized person sends his/her data…

This Circular takes effect on March 01, 2018.


24 URBAN GREEN GROWTH INDICATORS

In Circular No. 01/2018/TT-BXD dated January 05, 2018, the Ministry of Construction promulgated urban green growth indicators, includes 24 indicators that are divided into 4 groups.

4 groups of urban green growth indicators contain: 5 economic indicators for assessing economic growth in terms of consumption of energy and natural resources in urban construction and development; 10 environmental indicators for assessing environmental quality and urban landscape, application of solutions to use of cost-effective energy, use of renewable energy...; 4 social indicators for assessing improvement of living conditions of urban residents; 5 institution indicators for assessing management, direction and operation of local urban areas towards urban green growth.

Green urban area means an urban area that achieves economic growth through urban policies and activities in order to reduce adverse impacts on the environment and natural resources. 

 

Accordingly, there are some prioritized activities to build a green urban area, such as: Adjusting urban planning indicators, combining urban development models in compliance with orientation of urban green growth, including green urban area, economic-ecological urban area, smart urban area, low carbon urban area; Development of green urban transportation, public transportation and forms of low emission transport and limit to use of fossil fuels; Clean water saving; Waste treatment through reduction of waste discharge or emission, energy saving, reuse and recycling of waste; Smart urban development…

This Circular takes effect on February 20, 2018.

Ü  OTHERS   


CRITERIA FOR ACCREDITATION OF IT CERTIFICATES ISSUED
BY FOREIGN ORGANIZATIONS

On December 29, 2017, the Ministry of Information and Communications issued Circular No. 44/2017/TT-BTTTT on accreditation of information technology (hereinafter referred to IT) certificates used in Vietnam issued by foreign organizations satisfying IT skill standards for users.

Accordingly, IT certificates issued by foreign organizations that satisfying IT skill standards for users shall be issued by foreign organizations legally operating in the fields of providing training, setting examinations and issuing IT certificates in Vietnam or foreign organizations legally operating in the fields of providing training, setting examinations and issuing IT certificates in foreign countries

 

and having authorized representatives to provide training, set examination and issue IT certificates in Vietnam; be accredited in writing by at least 2 education quality accreditation organizations having headquarters located in developed countries; program framework and syllabuses satisfying IT skill standards for users… Within that, such written accreditations shall be still valid and issued not exceeding 5 years from the day on which the requests therefore are send to the Ministry of Information and Communications.

This Circular takes effect on February 15, 2018.

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