Legal Document Updates in English (22/2016)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

37/2016/ND-CP

Decree No. 37/2016/ND-CP dated May 15, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on occupational safety and health with regard to compulsory insurance for occupational accidents and occupational diseases

 

* Supports for career change for victims of occupational accident

Page 2

INSURANCE

 

INSURANCE

2

21/2016/ND-CP

Decree No. 21/2016/ND-CP dated March 31, 2016 of the Government on specialized inspection by social insurance agencies of contribution to social insurance, unemployment insurance and health insurance

 

* Social insurance inspectors must have at least 1 year of experience

Page 2

SCIENCE - TECHNOLOGY

 

SCIENCE - TECHNOLOGY

3

844/QD-TTg

Decision No. 844/QD-TTg dated May 18, 2016 of the Prime Minister approving the “assistance policies on national innovative startup ecosystem to 2025”

 

* To 2025, to assist 2,000 national innovative startup ecosystem

Page 3

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

4

20/2016/ND-CP

Decree No. 20/2016/ND-CP dated March 30, 2016 of the Government prescribing the national database on handling of administrative violations

 

* Post violator’s information on the national database

Page 3

POLICY

 

POLICY

5

142/2016/QH13

Resolution No. 142/2016/QH13 dated April 12, 2016 of the National Assembly of Vietnam on 5-year socio-economic development plan from 2016-2020

 

* In 2020, GDP per capita is approximately 3,200 – 3,500 USD

Page 4

 

 

SUMMARY:

 

Ü  LABOR - SALARY


SUPPORTS FOR CAREER CHANGE FOR VICTIMS
OF OCCUPATIONAL ACCIDENT
 

According to Decree No. 37/2016/ND-CP dated May 15, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on occupational safety and health with regard to compulsory insurance for occupational accidents and occupational diseases, employee shall receive tuition support for attending training courses for change in occupations after having occupational accidents or suffered from occupational diseases if the level of working capacity decrease upon occupational accidents or occupational diseases is at least 31% and he/she needs to attend training courses for holding new job positions which are appointed by employers in conformity with the health and expectations of employees. The specific support amount for each entity is decided by Departments of Labor Invalids and Social Affairs but shall not exceed 50% of tuition and 15 times the statutory pay rate.

Besides, employee whose level of working capacity decrease upon occupational accidents or occupational diseases is at least 31% shall be supported for occupational health rehabilitation. The maximum support rate is as 50% of the cost of occupational health rehabilitation which has been deducted from the amount paid by health insurance agency and shall not exceed two times the statutory pay

 

rate/person/one time of rehabilitation. Each employee may get support for cost of occupational health rehabilitation up to 02 times but in 02 different years.

Also accordance with this Decree, every month, an employer shall spend 1% of their salary fund which is the basis for paying social insurance premiums for officials; officers or professional soldiers in the people's army; professional and technical officers and non-commissioned officers in the people's public security; persons working under indefinite-term labor contracts and labor contracts with a term of full of 03 months and longer, and persons working under labor contracts with a term of between full of 01 month and under 03 months… on the insurance fund. With regard to employers being enterprises, cooperatives, business households or cooperative groups that engage in agriculture, forestry, fishery or salt industry and pay product-based or piecework-based salaries, the contribution specified in this point may be made on the periodical basis of every month, every 03 months or every 06 months. From January 01, 2018, the Government shall decide other premium rates which are lower than those prescribed above.

This Decree takes effect on July 01, 2016.

Ü INSURANCE


SOCIAL INSURANCE INSPECTORS MUST HAVE
AT LEAST 1 YEAR OF EXPERIENCE
 

This is an important content specified at Decree No. 21/2016/ND-CP dated March 31, 2016 of the Government on specialized inspection by social insurance agencies of contribution to social insurance, unemployment insurance and health insurance.

To conduct specialized inspection of contribution to social insurance, unemployment insurance and health insurance, inspector must have not only at least 01 year’s work experience (excluding the apprenticeship) in contribution to social insurance, unemployment insurance and health insurance but also have a bachelor or higher degree from a university, which is pertinent to specialized inspection assignments; have firm knowledge of professional

 

regulations and management principles in connection with the functions and missions of the agency where they work; have a certificate of inspection training from a competent government authority.

Uniform and inspection card shall be granted to individuals designated to conduct specialized inspection of contribution to social insurance, unemployment insurance and health insurance. Furthermore, inspector shall receive regulated benefits upon specialized inspections and undergo training on specialized inspection of contribution to social insurance, unemployment insurance and health insurance.

This Decree takes effect on June 01, 2016.

Ü SCIENCE - TECHNOLOGY


BY 2025, TO ASSIST 2,000 NATIONAL INNOVATIVE STARTUP ECOSYSTEM
 

With the objectives to create a favorable conditions for the development of enterprises that have potentials for rapid growth by utilization of propriety assets, technology and business initiatives, on May 18, 2016, the Prime Minister signed the Decision No. 844/QD-TTg approving the “assistance policies on national innovative startup ecosystem to 2025”.

The beneficiaries include individuals or groups having startup projects or startups that may be potential for rapid growth by utilizing propriety assets, technology and new business initiatives; or startups operating for not exceeding 05 years from date on which the first enterprise registration certificate is issued; organizations that supply services, facilities, technical infrastructure, telecommunications services and provide investment in startups and satisfy requirements such as the head of such organization works in the field of investment and finance consultation, and enterprise development facilitation for at least 01 year; the organization operates for at least 01 year and provides services for at least 10 startup groups and invests in or mobilizes the amount of capital of at least 01 billion dong for startups in Vietnam; the organization introduces a specific procedure for assistance in startups according to their functions and responsibilities and cooperation agreements on provision of training and consultation for Startups in Vietnam with domestic and overseas entities.

 

Besides, the Prime Minister emphasizes to construct centralized startup assistance service centers  in provinces that have potentials for development of startup activities, by funding part of repairing costs for working space (available space..) at favorable location such as near universities, financial institutions, etc. and applying concessional charges for the use of such infrastructures; funding for the installation of information technology infrastructures and providing complementary Internet services in such centers; to fund part of startups’ labor salaries and services charges such as: startup training, marketing, product and services promotion, technology and patient application, financial assessment, assessment of scientific research findings, technology innovation and propriety assets, legal consultation, investment in and establishment of science and technology enterprises, commercialization of scientific research finding, technology and propriety assets.

By 2025, it is expected to have 2,000 startup projects; 600 startups and 100 startups under the Scheme financed by venture investors with the estimated amount of 2,000 billion dong.

The Decision takes effect on the signing date.
 

Ü ADMINISTRATIVE VIOLATIONS


POST VIOLATOR’S INFORMATION ON THE NATIONAL DATABASE
 

On March, 2016, the Government issued the Decree No. 20/2016/ND-CP prescribing the national database on handling of administrative violations - a collection of data on handling of administrative violations that are created, updated, maintained, exploited and used via electronic equipment to serve the state management of handling of administrative violations and prevention and combat of law violations.

Information in the national database on handling of administrative violations include the information on decision to sanction administrative violations subject sanctioned for administrative violation such as for an individual violator: Full name; birthdate; personal identification number or people’s identity card number, police identity card number or military identity card number or passport number (if any); gender and for an institutional violator: Name of organization; address of head office; identification number (for enterprises) or investment registration certificate number/business registration certificate number; establishment license number/operation registration certificate number (for other organizations); full name of at-law representative or owner of enterprise or head of organization.

 

Also in accordance with this Decree, this Decree applies to agencies and persons competent to sanction administrative violations; agencies executing decisions to sanction administrative violations; agencies executing decisions to enforce decisions to sanction administrative violations; agencies and persons competent to decide on application of administrative handling measures; agencies executing decisions to apply administrative handling measures; state management agencies in charge of handling administrative violations… Sanctioned organizations and handled individuals may be provided with information on the handling of their administrative violations if they make a written request and pay a charge under regulations.

Exploitation and use of the national database on handling of administrative violations may be in forms such as connecting via computer system with the national database on handling of administrative violations; searching online information on the e-portal designated by the Ministry of Justice; written request.

This Decree takes effect on May 15, 2016.

Ü POLICY


IN 2020, GDP PER CAPITA IS APPROXIMATELY 3,200 – 3,500 USD
 

The Resolution No. 142/2016/QH13 on 5-year socio-economic development plan from 2016-2020 passed by the National Assembly on April 12, 2016, Stabilize the macro-economy and boost the growth of national economy; restructure the economy, improve productivity and competitiveness. Foster national cultures, democracy, social justice, social welfares and security…

The Resolution 5-year average GDP: 6.5 – 7%; GDP per capita in 2020: Approximately 3,200 – 3,500 USD; industry and service contribution to GDP in 2020: 85%; 5-year average social investment in GDP: 32-34%; State budget deficit in 2020: <4% of="" gdp;="" percentage="" of="" trained="" workers="" in="" 2020:="" approximately="" 65="" –="" 70%="" including="" 25%="" workers="" with="" qualifications;="" urban="" unemployment="" rate="" in="" 2020:=""><4%; poverty="" rate:="" averagely="" decrease="" by="" 1.0="" –="" 1.5%/="">

With above targets, the Resolution lists out the specific tasks and solutions such as Applying flexible monetary policies to stabilize Vietnam dong value; Strictly 

 

controlling the State budget, tax collection and allocation; Reallocating the State budget; Enhancing product quality and launching diversified products that meet the national standards. Introducing defense measures for protecting domestic production and consumers’ interests…

At the same time, constructing road networks, expressways and North-West railways, and upgrading existing railways, inland and coastal waterways. Prioritizing the investment in transport infrastructures in disadvantaged areas. Dealing with traffic congestion in Hanoi and Ho Chi Minh. Reasonably setting up tollbooths to reduce toll fees for residents and enterprises… in the education and training field, reforming curricula forms and methods of examination, tests and evaluation of student's performances, help students develop their critical-thinking, creativity and self-study…

 

 

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