Legal Document Updates in English (18/2013)

ESTABLISHING RETAIL ESTABLISHMENTS FOR FOREIGN-INVESTED ENTERPRISES
 

On April 22, 2013, the Ministry of Industry and Trade issues the Circular No. 08/2013/TT-BCT detailing the goods trading and direct related-activities of foreign-invested enterprises in Vietnam. Establishing retail establishments is the important content.

The Circular states clearly that The establishment of retail establishments in addition to the first retail establishments are considered for each specific case based on the examination on economic demand of each locality where place retail establishment under the criteria: Quantity of retail establishments, stability of market, residential density and scale of district-level localities where are expected for the establishment of retail establishments. However, this provision is not applicable to the case of establishing a retail establishment with area of less than 500m2 in area planned for goods trading activities by central-affiliated

HIGH VOCATIONAL LABOR MUST HAVE AT LEAST 7% HIGHER THAN
THE REGION-BASED MINIMUM WAGE LEVELS
 

This is one principle of building wage scale, payroll in the Decree No.  49/2013/ND-CP dated May 14, 2013 on the implementation of some Articles of the Labor Code regarding labor disputes.

Accordingly, beside the provision that the lowest wage level of the simplest work or title in normal labor conditions shall be not lower than the region-based minimum wage level prescribed by the Government, this Decree also states clearly that the lowest wage level of the work or title requiring laborers to have to be received vocational training (including laborers trained by enterprises themselves) must be at least 7% higher than the region-based minimum wage levels prescribed by the Government; the wage level of work or title with the heavy, hazardous and dangerous labor conditions must be at least 5% higher; work or title with the special heavy, hazardous and dangerous labor conditions must be at least 7% higher than the wage level of work or title having the equivalent complexity but working in normal labor conditions.

LABOR CONCILIATORS APPOINTED BY THE CHAIRMAN OF PEOPLE’S COMMITTEE
 

This is the new regulations of the Decree No. 46/2013/ND-CP May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes.

Accordingly, labor conciliator’s standards must be Vietnamese citizens, having full capacity for civil acts, good health and ethics; not be the persons who are being examined for penal liability or serving sentence; be well-informed about labor law and related laws and have 03 years working in areas relating to labor relation, having skills in conciliation of labor disputes, especially, be appointed by the Chairmen of the provincial People’s Committee with 5-year term.

Besides, labor conciliators shall be entitled to allowance regime for the days on which they are assigned to conduct conciliation of labor disputes, contracts of vocational training in the manner same as jurors according to regulation on the allowance regime for persons participating in court sessions, sessions of meeting to solve civil cases; be entitled to be paid working-trip allowances for the days on which they conduct conciliation in accordance with the existing regime on working-trip allowances and be ensured necessary conditions on meeting room, documents, stationery servicing conciliation of labor disputes.

RESPONSIBILITIES IN INSURANCES WHEN LABORS SIGN MANY LABOR CONTRACTS
 

On May 05, 2013, the Government issues the Decree No. 44/2013/ND-CP dated May 10, 2013 of the Government detailing and guiding the implementation of some Articles in the Labor Code regarding labor contracts.

This Decree states clearly those responsibilities of participating in the compulsory social insurance, unemployment insurance of the employer and the employee. The employee concludes the labor contract with multiple employers and the employers and the employee are under the subject of participating in the compulsory social insurance, unemployment insurance, the employer and the employee in the first signed contract shall be responsible for participating in the compulsory social insurance, unemployment insurance as stipulated by the Law. Employers of the remaining labor contract shall have responsibility to pay an equivalent amount of money with the level of compulsory social insurance, unemployment insurance under the responsibilities of employers as stipulated by the Law at the same time with the time of paying salary.

Besides, also in this Decree, within the time since invalidating labor contracts

THE STATE BANK CONTINUES REDUCING BY 1% REFINANCING INTEREST RATE
 

On May 10, 2013, the Governor of the State Bank signs the Decision No. 1073/QD-NHNN dated May 10, 2013 of the State Bank of Vietnam on  refinancing interest rate, rediscount interest rate and interest rate applicable to overnight loan in the inter-bank electronic payment and applicable to loan for making up capital deficit in the clearing payment of State Bank of Vietnam.

Accordingly, in order to keep inflation indicator at low level, from May 13, 2013, the State Bank of Vietnam reduces

TEMPORARY IMPORT OR RE-EXPORT GOODS IN VIETNAM CANNOT EXCEED 45 DAYS
 

This is the new provisions at the Circular No. 59/2013/TT-BTC dated May 08, 2013 of the Ministry of Finance  guiding customs procedures, customs inspection and supervision applicable to some commodities of the business of temporary import for re-export, transfer through border-gates and putting into bonded warehouses.

In particular, the Ministry of Finance points out that  Commodities of the business of temporary import for re-export specified in this Circular may be stored in Vietnam not exceeding 45 days after finishing customs procedures for temporary import. If a trader wishes to prolong time limit for storing goods in Vietnam, the trader must send a written proposal to the Customs Sub-Department at border-gate where the procedures for temporary import of goods were did, the head of Customs Sub-Department shall consider, accept, sign and stamp the seal of Customs Sub-

OFFICERS OF MARKET MANAGEMENT MUST HAVE PROFESSIONAL TRAINING CERTIFICATE
 

This is the new requirement of the Ministry of Industry and Trade in accordance with the Circular No. 09/2013/TT-BCT dated May 02, 2013 on inspection and administrative violation sanction activities of market management offices.

Also at this Circular, the Ministry of Industry and Trade also regulates that an inspection group must have at least 02 officers of market management, of which an officer as a group chief; officers of market management of an inspection group are required to have certificate of training the market management professional operations, not being person, who is in time of being disciplined, considered for discipline or who is related to letters of complaints, denunciations that are considered, clarified by head of agencies managing him/her; to proactively report with the aim to be allowed not participating in the inspection group in case their spouses, children, parents, blood sisters and brothers or parents, blood sisters and brothers of their

SPEND 20-25% TOTAL STATE BUDGET FOR DEVELOPMENT INVESTMENT
 

This is the scheme of the overall economy restructure scheme attached to the growth model transfer towards the improvement of quality, effectiveness and competition capacity in the 2013 – 2020 period issued attached with the Decision No. 339/QD-TTg dated February 19, 2013.

In particular, focus is public investment for restructuring investment,  to maintain a rational proportion of state investment, of about 35% - 40% total social investment; annually gradually increase thrift from the State budget for investment, spend 20% - 25% of total budget expenditure on development investment. To renew basically mechanism of capital allocation and use management, to overcome investments which are spread, dispersed and wasteful, increase effectiveness of state investment. Besides, to mobilize rationally resources for development investment

03 TYPES OF LETHAL INJECTION FOR DEATH PENALTY EXECUTION
 

On May 13, 2013, the Government issues the Decree No. 47/2013/ND-CP of the Government amending and supplementing some Articles of the Decree No. 82/2011/ND-CP dated September 16, 2011 of the Government on execution by lethal injection.

Accordingly, the injections for death penalty execution include injections causing loss of consciousness; injections inducing paralysis of musculoskeletal system; injections causing operation stop of heart.

The Government also regulates clearly in inserting a needle already connected with an intravenous line into the identified vein by injecting the drugs to cause loss of consciousness. After injecting, the executioner must check