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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. 07/2015/TT-BLDTBXH dated February 25, 2015 of the Ministry of Labor, War Invalids and Social Affairs stipulating a number of Articles of the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center and the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities |
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Must supervise employment status of employees after recommending jobs |
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Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents |
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Late salary payment for 15 days or more shall be paid interest |
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FINANCE – BANKING |
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FINANCE - BANKING |
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Decision No. 4907/QD-BGTVT dated December 24, 2014 of the Ministry of Transport approving the Project “Mobilizing the private sector investment in railway infrastructure” |
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Seeking private sector involvement in investment in railway infrastructure |
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ORGANIZATIONAL STRUCTURE |
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ORGANIZATIONAL STRUCTURE |
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Law No. 57/2014/QH13 dated November 20, 2014 of the National Assembly on Organization of the National Assembly |
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From 2016, total number of National Assembly deputies must not exceed 500 |
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AGRICULTURE |
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AGRICULTURE |
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Circular No. 54/2014/TT-BNNPTNT dated December 30, 2014 of the Ministry of Agriculture and Rural Development recognizing other good agricultural practices eligible for incentives for agriculture, forestry and aquaculture |
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Criteria to get other GAP recognition in aquaculture
SUMMARY:
Ü LABOR – SALARY
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The Ministry of Labor, War Invalids and Social Affairs promulgated the Circular No. 07/2015/TT-BLDTBXH dated February 25, 2015 of the Ministry of Labor, War Invalids and Social Affairs stipulating a number of Articles of the Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government defining on establishment and operation of the Career Services Center and the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government defining conditions, procedures for grant of permits for employment service activities of enterprises engaged in employment service activities. Under this Circular, employment service contract of employment service center signed as specified under Clause 1 Article 7 of the Decree No. 196/2013/ND-CP and under Clause 1, Article 4 of the Decree No. 52/2014/ND-CP must contain some basic contents. Specifically, it must include: name, address of parties, value of contract |
payment method, specific contents of employment services provided (quantity, quality…); methods of conducting contracts; rights and obligations of parties on performing services; responsibilities due to contract violation; settlement of disputes and other contents (if any). For the employment service contract to recommend or provide labor, besides satisfying contents as mentioned under Clause 1 of this Article, it should have regulations on responsibilities of employment service centers or enterprises conducting employment services to recommend or provide labor on supervising the employment status of employees during the time that employees perform seasonal contracts or take a job under 12 months, for employment contract from 12 months or more, supervision of employment status will be in 12 months. This Circular takes effect on April 10, 2015. |
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Under the Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents, an employee enjoying monthly salary shall be paid on monthly or semi-monthly basis. In case natural disaster, conflagration or other force majeure events take place, and employers have sought all remedial measures but cannot make payment on time as agreed in the labor contract, the payment shall be made within 01 month. Besides, if the late payment is made for 15 days or more, an extra amount shall be at least equal to the arrears of salary multiplied by the ceiling of interest rate for 1-month deposits announced by the State bank of Vietnam at the time when the payment is made. If the State Bank of Vietnam does not specify the ceiling interest rate, 1-month deposit interest rate of commercial banks, where businesses and agencies open trading accounts at the time of payment, shall be applied. Another important content is regulation on overtime and nightshift salary. Accordingly, employees paid product-based salary shall be paid for their overtime work if they |
work overtime to increase the product quantity, volume and their overtime work helps to increase product quantity and volume, work according to requirements as agreed. Of which, overtime salary on weekdays, minimum payment equals 150%; on the weekly days-off minimum payment equals 200%; on public holidays, paid days-off, minimum payment equals 300% which is not included in public holiday pays, paid leave pays under the provisions of the Labor Code with respect to employees paid daily salary. Under this Decree, the employee shall have the right to unilaterally terminate the labor contract to take care of their spouse, father, mother, father-in-law, mother-in-law, natural children and adopted children who are sick or involved in accidents. Especially, participants in strikes that do not follow the prescribed procedures shall not be paid salary and other benefits under the provisions of the law in the time of participating in the strike. Employees who do not participate in the strike but have to stop working because of the strike shall be paid salary for such stop and other benefits under the provisions of legislation on labor. This Decree takes effect on March 1, 2015. |
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Ü FINANCE - BANKING
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With the target to gradually reduce the burden on the state budget, and meet the target of socio-economic development, industrialization - modernization of the country; to restructure the railway sector investment, enhance private sector involvement investment ratio in the railway infrastructure commensuration with other transport fields; the Minister of Transport issued the Decision No. 4907/QD-BGTVT dated December 24, 2014 approving the Project “Mobilizing the private sector investment in railway infrastructure”. Seek private sector involvement in investment in railway infrastructure shall be under the following principles: The state shall focus on the investment in construction of railway infrastructure items which directly serve the train operation; other items like: stations, station depots, station platforms, freight yards and other supportive services will be invested, operated and developed in association with the |
private sector. Investors shall be attracted in construction, renovation, upgrade, and expansion of terminals in order to operate them in cooperation. Besides, the State shall have the mechanism and supportive policies in the construction of a part or the whole project in the form of public-private partnerships (PPP), built - owned - operate - transfer (BOOT). For railway route operation, the Minister also stressed, they shall select railway routes or segments suitable for pilot franchise for railway operation, which is the basis for improvement of franchise for other railway routes. Depend on the extent of the franchise, investors shall be entitled to operate and develop the railway infrastructure for a certain period of time and be responsible for the infrastructure maintenance; ensure safety for train operation and social security on the routes. This Decision takes effect on the signing date. |
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Ü ORGANIZATIONAL STRUCTURE
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The total number of National Assembly deputies must not exceed 500, including full-time and part-time National Assembly deputies, of which the number of full-time National Assembly deputies must account for at least 35% of the total number of National Assembly deputies is one of the most significant points under the Law on organization of the National Assembly No. 57/2014/QH13 dated November 20, 2014 and takes effect from January 01, 2016. For activity time of National Assembly deputies, full-time National Assembly deputies shall spend all their working time performing their tasks and exercising their powers at agencies of the National Assembly or National Assembly deputies’ delegations in localities. Part-time National Assembly deputies shall spend at least one-third of their working time in a year performing the tasks and exercising the powers of a deputy. Heads of agencies, organizations or units where the National Assembly deputies work shall arrange time and work and create necessary conditions for the deputies to perform their tasks and exercise their powers. |
Under this Law, the National Assembly shall cast votes of confidence on holders of positions elected or approved by the National Assembly at the proposal of at least twenty percent of the total number of National Assembly deputies or at the proposal of the Ethnic Council or a Committee of the National Assembly… A person subject to casting of votes of confidence who receives no-confidence votes from more than half of the total number of National Assembly deputies may apply for resignation. Another significant point is that the Secretary General of the National Assembly shall be elected, relieved of duty and removed from office by the National Assembly from January 01, 2016. The Secretary General shall advise the Chairperson of the National Assembly and the Standing Committee of the National Assembly on tentative working programs of the National Assembly and the Standing Committee of the National Assembly; and on the order and procedures for carrying out activities of the National Assembly and its Standing Committee… |
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Ü AGRICULTURE
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The Minister of Agriculture and Rural development issues the Circular No. 54/2014/TT-BNNPTNT dated December 30, 2014 of the Ministry of Agriculture and Rural Development recognizing other good agricultural practices eligible for incentives for agriculture, forestry and aquaculture. Of which, one of the most significant point is regulation on guiding 07 criteria for GAP recognition in aquaculture. Accordingly, to get other GAP recognition, location must be in areas for aquaculture of localities; and it must be areas |
that are rarely affected by pollution; water for aquaculture must be suitable for each subject. For livestock production, under this Circular, to get other GAP recognition, livestock production establishments must achieve some criteria such as: breeding facilities must be separated and clean; breeding must have originals; food must satisfy criteria for food security and hygiene; it must have dossiers, notebooks to take notes as stipulated by the laws …. This Circular takes effect on February 12, 2015. |
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