Legal Document Updates in English (16/2015)

INDUSTRIAL PARK’S MANAGING BOARD ALLOWED TO ISSUE
THE WORK PERMIT FOR FOREIGNERS
 

The Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 32/2014/TT-BLDTBXH guiding the authorization for performing a number of tasks of state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks.

Accordingly, district-level People’s Committees shall authorize industrial park management boards to receive wage scales, wage tables and labor norms of enterprises in industrial parks. Provincial-level People’s Committees shall authorize industrial park management boards to perform the tasks to receive notifications of group layoffs from enterprises in industrial parks; to receive reports on labor outsourcing from enterprises providing labor outsourcing services in industrial parks (the number of outsourced workers, labor outsourcing service users, and labor outsourcing service charge rates); to receive annual reports on training and retraining to improve workers’ qualifications and skills from enterprises in industrial parks; to receive collective labor accords from enterprises in industrial parks; to register internal labor regulations of enterprises in industrial parks; to receive enterprises’ explanatory reports on their demand to employ foreign workers to positions for which Vietnamese workers are underqualified for summarization and reporting to chairpersons of provincial-level People’s Committees for decision. The authorization

CHANGE THE CONDITIONS FOR ENJOYING THE PRIORITY REGIME
ON CUSTOMS
 

On January 21, 2015, the Government issued the Decree No. 08/2015/ND-CP detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control and takes effect on March 15, 2015; within that one of the important content is the relaxation on conditions for the enterprises to enjoy the priority regime.

From March 15, enterprises need to satisfy only 4 conditions on internal control system; observance of the accounting and audit laws; observance of the customs and tax laws and import or export values. In particular, an enterprise shall implement and maintain a system and process for managing, monitoring and controlling actual operations in its entire import or export supply chain. Within 2 consecutive years up to the time an enterprise submits a written request for being recognized as a prioritized enterprise, the enterprise has not committed any of the following violations of the tax and customs laws to an extent for tax evasion; tax fraud; smuggling and illegal cross-border transportation of goods and administrative violations committed in a form and subject to a fine level beyond the competence of Customs Branch heads and holders of equivalent titles.

INCENTIVES OF 5% IN SELECTION OF INVESTORS IN PPP PROJECTS
 

On March 17, 2015, the Government issued the Decree No.  30/2015/ND-CP dated March 17, 2015 of the Government guiding the implementation of a number of Articles on investor selection of the Law on Bidding, within that, the important contents mention on incentives in selection of investors in PPP projects If the investor has a feasibility study report or project proposal (for projects of group c) that is approved, such investor shall have incentives during the financial – commercial evaluation.

In particular, if the service-price-based method is applied, the investor that is not eligible for incentives must add an amount of 5% of the service price to the initial service price of such investor for comparison and ranking. If the state contribution method is applied, the investor that is not eligible for incentives must add an amount of 5% of the proposed state contribution to the initial state contribution proposed by the investor for comparison and ranking.

Similarly, if the public-interest-based method is applied, the investor that is eligible for incentives may add an amount of 5% of the amount payable to state budget to the initial

DECENTRALIZED WASTEWATER TREATMENT TECHNOLOGIES
 

On April 03, 2015, the Ministry of Construction issued the Circular No. 04/2015/TT-BXD dated April 03, 2015 of the Ministry of Construction guiding the implementation of a number of articles of the Decree No. 80/2014/ND-CP dated August 06, 2014 of the Government on the waste water drainage and treatment.

Within that, decentralized wastewater treatment technologies is one of the most important contents. Particularly, Criteria for choice of decentralized wastewater treatment technology including capacity of wastewater treatment plants; components and properties of wastewater, level of pollution, capacity of receiving waters, positions of discharging processed wastewater; level of energy consumption of necessary for collection of wastewater; requirements of technical regulations and standards on quality of processed wastewater; technical and financial conditions, capability of management and operation of wastewater treatment plants; conditions of climate, topography, site geology, and hydrogeology; capability of expanding or increasing capacity and capability

RESPONSIBILITY TO ASSESS, AND CLAIM COMPENSATION
FOR ENVIRONMENTAL DAMAGE
 

On January 06, 2015, the Government issued the Decree No. 03/2015/ND-CP providing the assessment of environmental damage and replaces the Government’s Decree No. 113/2010/ND-CP of December 3, 2010, providing the assessment of environmental damage and takes effect on March 01, 2015.

Accordingly, organizations or individuals that pollute or degrade the environment shall be identified on the principles such as environmental pollution or degradation in a natural geographical area is caused by sources of waste or acts of infringement inside such area or outside such area which, however, have adverse impacts on such area; there is a scientific ground evidencing the existence of the relationship between pollutants possibly stemming from sources of waste or acts of infringement and the decline of environmental functions or utilities; organizations or individuals that pollute or degrade the environment shall be identified in a timely and fair manner.

Organizations or individuals that pollute or degrade the environment shall compensate for the environmental