Legal Document Updates in English (10/2014)

FEEDING-UP ALLOWANCE FOR WORKERS IN DANGEROUS ENVIRONMENTS
 

On October 18, 2013, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 25/2013/TT-BLDTBXH guiding the implementation of feeding-up allowance for workers in harmful or dangerous environments.

In accordance with regulations in this Circular, a worker is entitled to feeding-up allowances when doing the jobs in the list of arduous, harmful and dangerous jobs or the list of extremely arduous, harmful and dangerous jobs promulgated by the Ministry of Labor, War Invalids and Social Affairs; working in an environment with at least one dangerous or harmful factor below the hygiene standards established by the Ministry of Health, or in direct contact with infectious sources. Levels of feeding-

INCREASE THE ALLOCATION QUOTAS FOR AGRICULTURAL LAND
 

This is the new content prescribed at the Law on Land No. 45/2013/QH13 was passed on November 29, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 6th session.

In particular, from July 01, 2014, The term for lease of agricultural land to households or individuals must not exceed 50 years. For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years. The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. And the lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;

The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares and must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township. The land allocation quota for each household or individual does

INVESTIGATING OUTSOURCING PRODUCTION FACILITY FOR FOREIGN BUSINESSMEN
 

On January 24, 2014, the Ministry of Finance issued the Circular No. 13/2014/TT-BTC dated  January 24, 2014 of the Ministry of Finance promulgating the regulations on procedure of customs for goods outsourced for foreign businessmen.

Accordingly, After the trader has fully submitted the notifying documents of outsourcing contract, leader of Customs Sub-Department in charge of outsourcing contract has decided upon the inspection in the cases as follows: the trader has notified the performance of outsourcing contract for the first time to the customs authorities or the traders has notified the outsourcing contract at another Customs Sub-Department but it has not inspected the production facility yet; the trader has received the outsourcing but not performed and sub-outsourced to another trader for one part or entire outsourcing contract/contract annex; the trader rents the entire workshop, production ground, machinery or equipment from

A FINE OF VND 40 MILLION FOR PROVIDING FALSE INFORMATION ON
QUANTITY OF EXPORTED GOODS
 

On October 15, 2013, the Government issued the Decree No. 127/2013/ND-CP promulgating the penalties on administrative violations and enforcement of administrative decisions in customs.

A fine of from 20,000,000 VND to 60,000,000 VND shall be imposed for the violations such as  swapping goods that have undergone inspection with those that have not; forging the customs seal; submitting forged documents to the customs authority but not liable to criminal prosecution; using the another entity’s account or signature to complete electronic customs procedures and using illegal documents to complete the procedure for exporting or importing goods. And a fine of from 10,000,000 VND to 20,000,000 VND shall be imposed when the route, location, destination, time

FINE FOR VND 150 MILLION FOR NOT SUPPLYING FULL SECURITY INFORMATION
 

Fine from VND 100 million  to VND 150 million for securities companies which deliberately supply to customers and investors information, give out opinions, consultancy or recommendation that are insufficient, without base, hide the truth on price or elements affecting to price of one or many securities kinds resulted that customers and investors misunderstand about securities price and make incorrect decisions in their investment is the content prescribed at the Circular No. 217/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance guiding the administrative violations in securities and securities market.

Besides, any organization which shall be applied to acts of making, confirming of dossier of registration for listing securities or registration for securities transactions with information deliberately made in contrary to the truth, hiding the truth or seriously falsified or acts of making, confirming the forged dossiers to list, register securities transactions in case where the Stock Exchange (SE) has accepted the listing, registration of securities transactions for the