Legal Document Updates in English (23/2013)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

08/2013/TT-BLDTBXH

Circular No. 08/2013/TT-BLDTBXH dated June 10, 2013 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes

 

Dismissal of labor conciliators failing to finish tasks

Page 2

FINANCE – BANKING

 

FINANCE - BANKING

 

2

77/2013/TT-BTC

Circular No. 77/2013/TT-BTC dated June 04, 2013 of the Ministry of Finance on providing the interest rate of the investment credit, export credit of the state and the difference of the interest rate calculated for support after investment

 

Decrease the investment credit’s interest rate to 11,4% per annum

Page 2

COMMERCE

 

COMMERCE

 

3

75/2013/TT-BTC

Circular No. 75/2013/TT-BTC dated June 04, 2013 of the Ministry of Finance detailing lottery business operation

 

Time limit for receiving prizes of the winning lottery tickets is 30 days

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

 

4

15/2013/TT-BYT

Circular No. 15/2013/TT-BYT dated May 24, 2013 of the Ministry of Health on quality assurance and HIV testing technique

 

Employees in charge of HIV testing laboratory must hold bachelor’s degrees

Page 3

TRANSPORT

 

TRANSPORT

 

5

12/2013/TT-BCA

Circular No. 12/2013/TT-BCA dated March 01, 2013 of the Ministry of Public Security amending and supplementing clause 3, Article 20 of the Circular No. 36/2010/TT-BCA dated October 12, 2010 of the Ministry of Public Security on vehicle registration

 

Vehicle ownership transfer is allowed without trading documents

Page 3

 

SUMMARY:

 

Ü LABOR - SALARY


DISMISSAL OF LABOR CONCILIATORS FAILING TO FINISH TASKS
 

On June 10, 2013,  the Ministry of Labor, War Invalids and Social Affairs  issues the Circular No. 08/2013/TT-BLDTBXH guiding the implementation of the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes.

In accordance with this Circular, Labor conciliators are dismissed when fall in one of the following cases: Having application for stopping participation in labor conciliator; Having 2 continuous years of being assessed as failing to finish tasks; Conducting acts violating law, misusing their prestige, competence and duty to cause damages to benefits of parties or benefits of State in the course of reconciliation; Failing to implement reconciliation tasks

 

under decision on nominating labor conciliators of the President of the district-level People’s Committee in the set time limit for twice or more without legitimate reason.

Labor conciliators are considered as finishing task when meeting the provisions: to comply with provisions of law on labor dispute settlement; to comply with decision of the President of the district-level People’s Committee on nominating to participate in labor dispute settlement; number of successful reconciled cases is over 50% in comparison with number of cases in which labor conciliator participated in reconciliation.

This Circular takes effect on July 01, 2013 and replaces the Circular No. 22/2007/TT-BLDTBXH dated October 23, 2007.

Ü FINANCE - BANKING


DECREASE THE INVESTMENT CREDIT’S INTEREST RATE TO 11,4% PER ANNUM
 

This is the content of the Circular No. 77/2013/TT-BTC dated June 04, 2013 of the Ministry of Finance on providing the interest rate of the investment credit, export credit of the state and the difference of the interest rate calculated for support after investment.

Accordingly, from June 04, 2013, applying the investment credit’s interest rate of the State in Vietnam dong is 11,4% (decreased by 0,6% compared with regulations in the Circular No. 104/2012/TT-BTC). At the same time, the loan interest rate on the loan of export credit of the State in

 

Vietnam dong is 9.3 %/year (decreased by 0,9% compared with regulations in the Circular No. 09/2013/TT-BTC).

However, the difference of the interest rate calculated for post-investment support for the projects that borrow in Vietnam dong is 2.4%/year.

This Circular takes effect on the signing date and replaces the Circular No. 09/2013/TT-BTC dated January 17, 2013 and the Circular No. 104/2012/TT-BTC dated June 25, 2012.

Ü COMMERCE


TIME LIMIT FOR RECEIVING PRIZES OF THE WINNING LOTTERY TICKETS IS 30 DAYS
 

This is the content off the Circular No. 75/2013/TT-BTC of the Ministry of Finance detailing lottery business operation.

In particular, time limit for receiving prizes of the winning lottery tickets is 30 days, from date of defining result of winning prizes or expiry date of circulating lottery ticket. Pass this time limit, the winning lottery tickets are no longer valid for receiving prizes. Lottery companies pay prizes at head offices, branches, representative offices and the authorized lottery agents. Duration of payment for the winning lottery tickets of lottery companies to the lottery winner is not later than 05 working days, after receiving request for prizes of customers. In cases arising disputes, complaints, duration for payment may be prolonged until having official conclusion of competent state agencies.

 

Besides, strictly prohibiting the lottery companies, Vietnam computing lottery one-member limited liability company and relevant organizations and individuals to supply lottery promotions under forms such as reducing sale price of lottery tickets; giving lottery tickets without charge collection; giving gifts under form of kinds, money or goods purchase coupons or service use coupons which allow customers to enjoy one or several definite benefits; increasing the value of prizes in comparison with the rules for lottery prize participation and rate of prize payment as prescribed by State;  selling lottery tickets enclosed with participation in programs winning prizes and so on.

This Circular takes effect in October 01, 2013 and replaces the Circular No. 65/2007/TT-BTC dated 18/6/2007 detailing the Decree No. 30/2007/ND-CP; Article 12 of the Circular No. 131/2009/TT-BTC dated 29/6/2009.

Ü MEDICAL - HEALTH


EMPLOYEES IN CHARGE OF HIV TESTING LABORATORY
MUST HOLD BACHELOR’S DEGREES
 

This is one of requirements of the Ministry of Health at the Circular No. 15/2013/TT-BYT dated May 24, 2013 on quality assurance and HIV testing technique.

At this Circular, the Ministry of Health promulgates in details on personnel, infrastructure, equipment, requirements for testing quality control in laboratory providing screening serological tests, laboratory providing confirmatory serological tests, national serological reference laboratories (hereafter called HIV testing laboratory).

In particular, for the laboratory providing screening serological tests, personnel must have at least 02 laboratory technicians that hold intermediate qualifications in medicine, pharmacy, biology, or chemistry, or higher and hold certificates of training in HIV testing issued by the medical facilities appointed by the Minister of Health, or certificates of training in HIV testing issued by foreign authorities that are suitable for the testing techniques they use or have at least 01 counselor meets the requirements in Clause 3 Article 26 of the Law on HIV/AIDS Prevention if blood specimens are taken and results are given to the persons being tested.

 

For laboratory providing confirmatory serological tests, testing personnel of the confirmatory laboratory must have at least 01 year’s experience of HIV testing; have basic knowledge about HIV and HIV testing techniques, and able to analyze test results and be conversant with legislative documents relating to HIV testing.

For national serological reference laboratories, every National Laboratory for serological HIV testing shall have at least 08 employees, including two managers that hold bachelor’s degrees in medicine or biology and have at least 05 years’ experience of serological HIV testing. The employees in charge of testing quality control, formulating standards, and biosafety must hold bachelor’s degrees in medicine or biology and have at least 03 years’ experience of serological HIV testing. And other employees must have qualifications suitable for their tasks and have at least one year’s experience of such tasks. Besides, the Circular also provides documentation, procedure, and authority to accredit HIV testing laboratories.

This Circular takes effect on July 01, 2013 and replaces the Decision No. 3052/2000/QD-BYT dated August 29, 2000.

Ü TRANSPORT


VEHICLE OWNERSHIP TRANSFER IS ALLOWED WITHOUT TRADING DOCUMENTS
 

On March 01, 2013, the Ministry of Pubic Security issued the Circular No. 12/2013/TT-BCA amending and supplementing clause 3, Article 20 of the Circular No. 36/2010/TT-BCA dated October 12, 2010 of the Ministry of Public Security on vehicle registration.

According to this Circular, From April 15, 2013 to December 31, 2014, the settlements of vehicle registration for vehicle that have been registered and transferred by many persons are implemented in the easier way. In particular, Registration for vehicle ownership transfer in a same province, if the vehicle user has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller, dossier such as declaration of vehicle transfer or movement registration with commitment of vehicle user to take responsibility before law for performing the registration procedures, confirmed on permanent residence of vehicle user by the Public Security Offices of communes, wards and townships where the vehicle user resides; documents of vehicle registration fee payment; vehicle transfer documents of the person named in certificate of vehicle registration and transfer documents of the last seller; certificate of vehicle registration, vehicle number plate.

 

If the vehicle user has no document of vehicle transfer, the vehicle-registering agencies shall receive dossier of registering the vehicle ownership transfer, check fully the provided procedures, keep certificate of vehicle registration and vehicle number plate; write an appointment paper for the vehicle user. The appointment paper is signed by leaders of the vehicle-registering agencies, stamped and valid for using vehicle in 30 days to wait for results returned by the vehicle-registering agencies, the vehicle-registering agencies shall send notice to persons named in certificate of vehicle registration and publicly post at their head offices, search in stored record of stolen vehicle and the vehicle registration data and within 30 days after sending notice and publicly posting, the vehicle-registering agencies shall settle to issue number plate, certificate of vehicle registration to the vehicle user.
If dossier of  vehicle ownership transfer or movement has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller, they shall settle vehicle ownership transfer or movement in accordance with regulation. Within two working days as from fully receiving the valid dossiers, the vehicle-registering agencies must settle procedures for vehicle ownership transfer or movement to the vehicle user.

This Circular takes effect on April 15, 2013.

 

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