Legal Document Updates in English (16/2012)

INCREASE THE COMMON MINIMUM WAGE LEVELS TO VND 1.05 MILLION FROM MAY 1
 

The common minimum wage will officially increase to VND 1.05 million from VND 830,000 (applied one year ago) since May 1st, 2012 according to the Decree No. 31/2012/ND-CP dated April 12, 2012 of the Government. The new decree solidifies the content of the National Assembly’s Resolution on the State Budget in 2012.

The common minimum wage applies to officials and public servants, the members of the armed forces and employees working in state agencies, armed forces, political organizations and socio-political Organizations, and business units of the state or state-owned enterprises.

This common minimum wage is used as a basis for calculating the wage in wage

scale, payroll and allowance; performing the other modes in accordance with regulations for cadres, civil servants, public employees of the armed force, and employees working for the organizations mentioned above.

The state budget shall assure funds for applying the general minimum wage from saving of 10% of the regular expenditure; Use of 50% of increased revenues of local budgets and the state budget funds for the wage reform that remain unused by the end of 2011.

This decree takes effect from June 1, 2012 while the provisions mentioned in this decree are entitled from May 1, 2012 and annuls the Decree No. 22/2011/ND-CP dated April 4, 2011.

PROVIDING MORE AUTHENTICATION COMPETENCE FOR DISTRICT-LEVEL JUSTICE SECTIONS
 

On January 01, 2012, the Government issued the Decree No. 04/2012/ND-CP amending and supplementing article 5 of the Government’s Decree No. 79/2007/ND-CP dated May 18, 2007 on the issue of copies from master registers, authentication copies from originals, authentication of signatures.

To authenticate signatures of translators in documents and papers which are translated from foreign languages into Vietnamese or vice versa; authenticate signatures in documents and papers in foreign languages and bilingual documents and papers.

District-level Justice Sections also have the competence and responsibility to authenticate papers and documents in Vietnamese under the competence of People's Committees of communes, wards or townships including: to authenticate copies from originals of papers and documents in Vietnamese; to authenticate signatures in papers and documents in Vietnamese

LIST OF NINE GOODS AND SERVICES FOR WHICH
CONTRACT FORMS MUST BE REGISTERED

On January 13, 2012, the Prime Minister issued the Decision No. 02/2012/QD-TTg promulgating the list of essential goods and services for which contract forms and general transaction conditions must be registered.

Specifically, 9 groups of goods and services in the list include: Supply of electricity for residential consumption; Supply of clean water for residential consumption; Pay television; Fixed telephone subscription; Postpaid mobile phone subscription; internet connection; air transport of passengers; rail transport of passengers;

purchase and sale of apartments, daily life services provided by apartment managing units.

Pursuant to the demand of protection of consumer interests in each period, the Ministry of Industry and Trade shall examine and submit to the Prime Minister to amend and supplement the list of essential goods and services for which contract forms and general transaction conditions must be registered.

 
BY 2020, FOOD SAFETY MUST BE BASICALLY CONTROLLED
 

The Prime Minister approved the National Strategy for food safety in the period of 2011 - 2020 and a vision toward 2030 in the Decision No. 20/QD-TTg dated January 04, 2012. The objective of Strategy is that by 2020, basically, the control of food safety throughout the food supply chain is set up and promoted efficiently, actively in the protection of health and interests of consumers, to meet requirements on development and integration of international economy of the country.

Specifically, 95% of producers, processors and traders of food, 100% of managers, 80% of consumers have the knowledge and proper practice on food safety; The provinces with population of 1 million people or more have testing laboratories obtained ISO 17025 standard; 80% of the facilities of producing, trading catering services, 100% of collective kitchens are issued qualification certificates for hygiene

and food safety; 80% of markets is planned and controlled food safety.

Besides, one of the important targets is to improve status of ensuring food safety of the facilities of producing, processing food. Accordingly, 100% of the facilities of producing, processing food of industrial scale, concentrated are issued qualification certificates for hygiene and food safety; percentage of the facilities of producing, processing food of industrial scale, concentrated applying quality assurance system for hygiene and food safety, such as GMP, HACCP, ISO 9001, ISO 22000 ... is 80%; 60% of the production areas of vegetables, tea is applied VietGAP (Regulations of Vietnam on Good Agriculture Practice).

This decision takes effect from the date of signing.

 
11 COMPULSORY CONTENTS MUST BE LABELED ON CHEMICALS
 

responsibility before law for the accuracy and honesty of the additionally written content.
Besides, the Circular also guides the classification of chemicals according to the material hazard and classification of chemicals by the degree of hazard affecting human health and environment such as acute toxicity; skin corrosion; eye damage; the agents causing respiratory sensitization or skin sensitization; eproductive toxicity; water environment; affecting the ozone....

The Chemicals are temporarily imported for re-exported or for participation in fairs and exhibitions and then re-exported; Chemicals transited and transshipped from border gate to border gate; the non-trade imported Chemicals; the Chemicals are in the process of research at facilities of research and manufacture; the Chemicals manufactured and imported to serve the security and national defense, response to natural disasters, urgent epidemic diseases or other special cases are not in scope of adjustment of this Circular.

This Circular shall take effect for execution since March 30, 2012.

THE DEPOSIT INTEREST RATES CUT BY 1 PER CENT SINCE APRIL 11, 2012
 

On April 10, 2012, the State Bank of Vietnam issued the Circular No. 08/2012/TT-NHNN amending and supplementing some articles of the Circular No. 30/2011/TT-NHNN dated September 28, 2011 of the State Bank of Vietnam prescribing the ceiling interest rate for Vietnam-dong capital mobilizations of institutions, individuals at some credit institutions, foreign banks’ branches.

Specifically, the ceiling interest rate is applied at the rate of 4% per year for non term deposits and term deposit under one year, that decreases by 1% compared with the previous regulations (5% per year); applying the ceiling interest rate of 12% per year for term deposits from one month and above, particularly, the Credit

People's Fund could offer a 12.5 per cent rate per year (instead of 13.5 %/year as previous).

Any interest rate for Vietnam-dong deposits of institutions and individuals at credit institutions, foreign bank’s branches arising before April 11, 2012 will be applied to the maturity date; In the case of overdue agreed time and institutions and individuals do not receive deposits, credit institutions and foreign bank’s branches will fix interest rate for deposits in accordance with regulations in this Circular.

This Circular replaces the Circular No. 05/2012/TT-NHNN dated March 12, 2012 and takes effect on April 11, 2012.