Legal Document Updates in English (08/2016)

FOREIGN EXPERTS WORKING UNDER 90 DAYS PER YEAR IN VIETNAM
ARE EXEMPTED FROM WORK PERMITS

In accordance with the Decree No. 11/2016/ND-CP dated February 03, 2016 of the Government detailing the Regulations on the implementation of a number of Articles of the Labor Code regarding foreign workers in Vietnam, the workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year are not exempted from work permits.

Beside foreign experts and managers…as above regulations, the cases are exempted from the work permits such as the workers are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation; the workers enter Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law; and workers are holders of Official Passports for working in state agencies, political organizations or sociopolitical organizations…

The employer shall request the Service of Labor, War Invalids and Social Affairs of the province where the planned working place of foreign workers is located to certify that such foreign workers are eligible for exemption

CONDITIONS ON ISSUANCE OF LICENSE FOR ESTABLISHMENT
OF REPRESENTATIVE OFFICES IN VIETNAM

The Decree No. 07/2016/ND-CP detailing the Trade Law on representative offices, branches of foreign businesses in Vietnam issued by the Government on January 25, 2016; within that, the most important content is that a foreign business can not establish more than one representative office or branch that has the same name in a province, city under the central management.

To issue the License for establishment of representative offices, foreign businesses must meet the conditions such as having business registered according to the law and commitments in international agreements that the country in a member or being recognized by the law of these countries or territories; having operated for no less than 01 year since legal establishment or valid business registration; If business registration certificate or equal documents of foreign businesses states the expiration date, the valid time should remain at least one year since the submission of the

HYDRO-METEOROLOGICAL FORECAST AND WARNING IS
THE CONDITIONAL BUSINESS INVESTMENT SECTORS AND TRADES
 

From July 01, 2016, to supplement the hydro-meteorological forecast and warning to the conditional business investment sectors and trades is the important content prescribed at the Law No. 90/2015/QH13 on Hydro-meteorology, passed by the National Assembly on November 23, 2015.

Also in accordance with this Law, hydro-meteorological forecast and warning must comply with technical regulations on and professional processes of hydro-meteorological forecast and warning. Organizations and individuals performing hydro-meteorological forecast and warning work shall take responsibility for hydro-meteorological forecast and warning bulletins they have issued. And hydro-meteorological forecast and warning information shall be regularly and promptly updated on developments of hydro-meteorological phenomena, be easy to understand and use and presented in Vietnamese.

FROM MARCH 16, 2017, ADD MORE IODINE TO SALT

On January 28, 2016, the Government issue the Decree No. 09/2016/ND-CP providing for food fortification with micronutrients, from March 16, 2017, to add more iodine to salt referred to in paragraph 1 (a) Article 6 hereof to prevent and control goitre, mental retardation and other iodine deficiency disorders.

Wheat flour used for processing of food must be supplemented with iron and zinc; and vegetable oil containing one of components, such as soya oil, palm oil, rapeseed oil and peanut oil, must be supplemented with vitamin A, except for the vegetable oil used for processing

ELECTRONIC DATA MESSAGES ARE CONSIDERED
THE IDENTIFICATION OF EVIDENCES

In accordance with the Law on Administrative Procedures No. 93/2015/QH13 passed by the National Assembly on November 25, 2015, beside original exhibits, Notarized or authenticated documents,  testimonies of involved parties or witnesses…From July 01, 2016, electronic data messages expressed in the form of exchange of e-data, e-documents, emails, telegrams, facsimiles and other similar forms prescribed by the law on e-transactions or documents certifying legal events or acts made on the spot by responsible persons shall be regarded as evidences if they have been made according to procedures are considered the identification of evidences.

Involved parties may collect evidences by themselves by collecting readable, audible or visible materials, or electronic data messages; collecting exhibits; identifying witnesses and taking certifications by witnesses; requesting agencies, organizations or individuals to permit copying of or provide documents related to the settlement of the case which are currently kept or managed by the latter; requesting commune-level People’s Committees to authenticate signatures of witnesses; requesting the court to collect documents and evidences if they are unable to do so; requesting the court to issue decisions to solicit expert examination or valuation of assets; requesting agencies, organizations or individuals to perform other jobs