Legal Document Updates in English (16/2017)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR – SALARY

1

44/2017/ND-CP

Decree No. 44/2017/ND-CP dated April 14, 2017 of the Government on the rate of contribution to the occupational accident and disease insurance fund

 

* Employers must contribute 0.5% of the salary fund to the occupation accident and disease insurance fund

Page 2

INVESTMENT

 

INVESTMENT

2

42/2017/ND-CP

Decree No. 42/2017/ND-CP dated April 05, 2017 of the Government on amendments to the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction investment projects

 

* The investor is allowed to directly manage construction projects with less than VND 15 billion

Page 2

CONSTRUCTION

 

CONSTRUCTION

3

03/2017/TT-BXD

Circular No. 03/2017/TT-BXD dated March 16, 2017 of the Ministry of Construction guiding the determination of costs of maintenance of construction works

 

* Guiding the determination of costs of maintenance of construction works

Page 2

POLICY

 

POLICY

4

30/2017/ND-CP


Decree No. 30/2017/ND-CP dated March 21, 2017 of the Government on regulations on response to emergency, acts of god and search and rescue

 

* Preferential policies applicable to individuals engaging in emergency events and SAR

Page 3

INDUSTRY

 

INDUSTRY

5

04/2017/QD-TTg

Decision No. 04/2017/QD-TTg dated March 09, 2017 of the Prime Minister on the List of equipment and appliances to which the mandatory energy labeling and minimum energy efficiency standards are applied, and the roadmap to their implementation

 

* From 2020, motorcycles which the to mandatory energy labeling

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY  


EMPLOYERS MUST CONTRIBUTE 0.5% OF THE SALARY FUND TO THE OCCUPATION ACCIDENT
AND DISEASE INSURANCE FUND

 

Takes effect on June 01, 2017, the Decree No. 44/2017/ND-CP dated April 14, 2017 of the Government on the rate of contribution to the occupational accident and disease insurance fund.

In accordance with regulations in this Decree, employers shall monthly contribute to the occupation accident and disease insurance fund with the rates as 0.5% of the salary fund for the employees such as Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law; Persons working under labor contracts with a term of between full 1 month and under 3 months; Cadres, civil servants and public employees; Defense workers, public security workers and persons doing other jobs in cipher organizations; Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non-commissioned officers of the people's public security; and persons engaged in cipher work and

 

enjoying salaries like army men on which the social insurance premiums are based, except for domestic caretakers; 0.5% of the statutory pay rate applied to Non-commissioned officers and soldiers of the people’s army; non-commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost-of-living allowance…Employers who are enterprises, cooperatives, household businesses and cooperatives engaged in agriculture, forestry, fishery or salt-making that pay product-based or piecework-based salaries shall make monthly payments at the rates; the payment may be made every month, every 3 months or every 6 months.

Above payment is applicable from June 01, 2017 and based on the capacity for balancing the insurance fund for occupational accidents and occupational diseases, the Government shall adjust the insurance fund for occupational accidents and occupational diseases premium rates January 1, 2020. Employees having short-term contracts shall contribute to the occupational accident and disease insurance fund as of January 1, 2018.

Ü  INVESTMENT


THE INVESTOR IS ALLOWED TO DIRECTLY MANAGE CONSTRUCTION PROJECTS
WITH LESS THAN VND 15 BILLION

 

Takes effect on June 01, 2017, the Decree No. 42/2017/ND-CP dated April 05, 2017 of the Government on amendments to the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction investment projects, to allow that the investor shall use its legal status and qualified affiliated units to directly manage construction projects with less than VND 15 billion in total investment; in case of ineligibility.

Another important content is the regulations on certificate of eligibility for construction supervision. Accordingly, to get the class I, there are at least 10 people obtaining licenses for construction supervision practice class I that conform to their certificates; there are at least 15 employees in the

 

 

quality control system of the construction supervision organization who have professional competence that conform to the certificate and the organization carried out construction supervision of at least 1 Work class I or 2 Works class II that conforms to its certificate.

For class II, there are at least 10 people obtaining licenses for construction supervision practice class II that conform to their certificates, there are at least 15 employees in the quality control system of the construction supervision organization who have professional competence that conform to the certificate; and the organization carried out construction supervision of at least 1 Work class II or 2 Works class III that conforms to its certificate….

Ü  CONSTRUCTION


GUIDING THE DETERMINATION OF COSTS OF MAINTENANCE OF CONSTRUCTION WORKS
 

On March 16, 2017, the Ministry of Construction issued the Circular No. 03/2017/TT-BXD guiding the determination of costs of maintenance of construction works; applicable to owners or manager, users of construction works and relevant entities engaging in determination of costs of maintenance of construction works funded by the State budget and extra-budgetary funds.

The owner or manager of a construction works shall prepare, assess and approve the maintenance cost estimate or hire qualified cost management consultants to

 

prepare and assess the maintenance cost estimate as the basis for approval for that estimate.

After the construction works comes into operation, the owner or manager shall prepare a construction maintenance plan according to the approved maintenance process, and determine the annual maintenance cost, including periodic maintenance costs.

This Circular takes effect on May 01, 2017 and replaces the Circular No.11/2012/TT-BXD dated December 25, 2012

Ü  POLICY


PREFERENTIAL POLICIES APPLICABLE TO INDIVIDUALS ENGAGING
IN EMERGENCY EVENTS AND SAR

 

In accordance with the Decree No. 30/2017/ND-CP dated March 21, 2017 of the Government on regulations on response to emergency, acts of god and search and rescue. The preferential policies shall apply to participants in emergency response and SAR who is sick and injured (from the time of participation in emergency response and SAR until completion and back to the residence) when (s) he is sick and injured when (s) he is on duty in the workplace in or after the working time under the competent authority’s decision.

In particular, for those without compulsory social insurances, in case of illness, any individual without the health insurance is sick when (s)he on duty shall have his/her medical expenses covered as applied to the one who has the health insurance.

In case of accidents, (s) he shall have his/her medical expenses for first-aid administration, emergency

 

and treatment covered; (s) he will be recommended to take a work capacity assessment at Medical Examination Council as stipulated by laws; where 5% of the work capacity is lost, a compensation of 05 times of the basic salary shall be granted. 5% of the basic salary shall be added to every 1% of additional loss if the work capacity. In case of death, including persons who die in their first treatment, if the dead has yet to buy the social insurance, the person responsible for the funeral and the dead person’s family shall receive a compensation of ten times and 36 times of the basic salary, respectively.

In accordance with this Decree, In case an individual participating in emergency response and SAR is injured or dead, preferential policies stipulated by laws may be applied.

This Decree takes effect on May 05, 2017

Ü  INDUSTRY


FROM 2020, MOTORCYCLES WHICH THE TO MANDATORY ENERGY LABELING
 

This is the important content prescribed at the Decision No. 04/2017/QD-TTg dated March 09, 2017 of the Prime Minister on the List of equipment and appliances to which the mandatory energy labeling and minimum energy efficiency standards are applied, and the roadmap to their implementation.

In particular, the Prime Minister requires that energy labels are mandatory for home and industrial equipment and appliances that follow: straight fluorescent tubes, compact fluorescent bulbs, magnetic and electronic ballasts for fluorescent lights, air conditioners, electric cookers, refrigerators, electric fans, horizontal-axis and vertical-axis washing machines, video cameras, three-phase distribution transformers, and electric engines. Energy labels are mandatory for automobiles for the transport of 8-9 persons

 

from January 1, 2018; for motorcycles and mopeds from January 1, 2020. From January 1, 2020, energy labels are mandatory for: LED light bulbs, electric kettles…

On roadmap to application of the minimum energy efficiency standards, the Prime Minister requires import and manufacturing of any equipment and appliances whose energy efficiency does not satisfy the minimum energy efficiency standards are banned by law. Import and manufacturing of any equipment and appliances whose energy efficiency does not satisfy the minimum energy efficiency standards are banned by law. Import, manufacturing and trading of the light globes with the power rating of more than 60 W are banned by law…

This Decision takes effect on April 25, 2017

 

 

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