Legal Document Updates in English (25/2018)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

04/2018/TT-BLDTBXH

Circular No. 04/2018/TT-BLDTBXH dated June 22, 2018 on amending a number of Articles of the Circular No. 37/2016/ /TT-BLDTBXH…

 

To amend regulations on management of wages and bonuses in VAMC

Page 2

COMMERCE – ADVERTISING

 

COMMERCE - ADVERTISING

2

12/2018/TT-BCT

Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Ministry of Industry and Trade on detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP…

 

Address of agencies grant Certificates of free sale (CFS)

Page 2

EDUCATION – TRAINING – VOCATIONAL TRAINING

 

EDUCATION – TRAINING – VOCATIONAL TRAINING

3

13/2015/TT-BGDDT

Circular No. 13/2018/TT-BGDDT dated May 30, 2018 on amending the Article 14 of the Regulation on organization and operation of private preschools enclosed with the Circular No. 13/2015/TT-BGDDT

 

Maximum number of children in a private preschool education group is 70

Page 2

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

4

823/QD-BTTTT

Decision No. 823/QD-BTTTT dated May 31, 2018 of the Ministry of Information and Communications promulgation of list of legislative documents…

 

Circular No. 18 on repealing the grant of License to import radio transmitters and transceivers

Page 3

INSURANCE

 

INSURANCE

5

58/2018/ND-CP

Decree No. 58/2018/ND-CP dated April 18, 2018 of the Government on agricultural insurance

 

3 objects are supported for agricultural insurance

Page 3

POLICY  

 

POLICY

6

52/2018/ND-CP

Decree No. 52/2018/ND-CP dated April 12, 2018 of the Government on development of rural trades

 

7 groups of rural career are supported for development

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

7

50/2018/ND-CP

Decree No. 50/2018/ND-CP dated April 09, 2018 of the Government on defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam

 

The Government Inspectorate’s tasks in prevention and combat of corruption

Page 4

AGRICULTURE – FORESTRY

 

AGRICULTURE – FORESTRY

8

390/QD-TTg

Decision No. 390/QD-TTg dated April 11, 2018 promulgating the Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries

 

Implementation Plan of the Law on Forestry, Law on Fisheries

Page 4

ADMINISTRATIVE BORDER

 

ADMINISTRATIVE BORDER

9

54/2018/ND-CP

Decree No. 54/2018/ND-CP dated April 16, 2018 of the Government on guiding the collection of voters’ opinions on the establishment…

 

All voters may give opinions on the adjustment of boundaries

Page 4

SUMMARY:

Ü LABOR - SALARY


TO AMEND REGULATIONS ON MANAGEMENT
OF WAGES AND BONUSES IN VAMC

A number of Articles of the Circular No. 37/2016/TT-BLDTBXH providing guidelines for management of employees, wages, remunerations and bonuses paid to employees working in Vietnam Asset Management Company (hereafter called VAMC) are amended by the Ministry of Labor, War Invalids and Social Affair on June 22, 2018 at the Circular No. 04/2018/TT-BLDTBXH.

Accordingly, when determining the planned average wage amount and realized average wage amount for the purpose of identifying the planned wage fund, realized wage fund, VAMC shall determine the profit (planned or realized in the current year or previous year) is replaced by the difference between revenues and expenses (total revenue minus total expenses). As the previous provisions, VAMC determines

 

the profit is replaced with the collected debts bought with special bonds.

When determining planned and realized salary budgets for employees, besides factors that may cause impacts on labor productivity and new investments in business, VAMC may disregard: The State decides to make intervention that directly affects the purchase or sale of bad debts and collaterals; adjust the ratio calculated according to the amount collected from bad debts bought by VAMC with special bonds…

This Circular takes effect on August 15, 2018. To apply Regulations specified in this Circular from January 01, 2018.

Ü COMMERCE - ADVERTISING


ADDRESS OF AGENCIES GRANT CERTIFICATES OF FREE SALE (CFS)

This is one of the contents of the Circular No. 12/2018/TT-BCT of the Ministry of Industry and Trade on detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management.

This Circular prescribes agencies granting CFS for exported goods which are managed by the Ministry of Industry and Trade include:

- Import and Export Management Division of Hanoi region, Import and Export Department, Ministry of Industry and Trade, at 25 Ngo Quyen street, Hoan Kiem district, Hanoi city.
 

- Import and Export Management Division of Da Nang region, Import and Export Department, Ministry of Industry and Trade, at 7B Cach Mang Thang Tam street, Hai Chau district, Da Nang city.

- Import and Export Management Division of Ho Chi Minh City region, Import and Export Department, Ministry of Industry and Trade, at 8th Floor, 12 Nguyen Thi Minh Khai Building, District 1, Ho Chi Minh City.

Issued with this Circular is the List of used consumer goods, medical equipment and means banned from import; the List of goods suspended from temporary import for re-export or from border-gate…

This Circular is issued and takes effect on June 15, 2018.

Ü EDUCATION – TRAINING – VOCATIONAL TRAINING  


MAXIMUM NUMBER OF CHILDREN
IN A PRIVATE PRESCHOOL EDUCATION GROUP IS 70

Article 14 of the Regulation on Organization and Operation of private preschools enclosed with the Circular No. 13/2015/TT-BGDDT dated June 30, 2015 by Ministry of Education and Training is amended and supplemented on May 30, 2018 at the Circular No. 13/2018/TT-BGDDT.

Accordingly, private independent preschool education groups and classes are classified as other education institutions of the national education system. Organizational structure of a group or class: Head of the group or class; officer in charge of preschool education activities, teachers, employees and children.

The maximum number of children of a private preschool education group or class is 70 (seventy). Age and quantity of children of each group or class must adhere to provisions of the preschool charter. The officer in charge of preschool education activities must possess an intermediate professional education diploma in early childhood pedagogy or higher.

 

As for areas where the network of early childhood education schools has yet to match pre-schooling demands, individuals may organize child groups in order to meet parents' demands for child care, fostering and education activities and register such activities with the commune-level People's Committees as well as conform to eligibility requirements for registration of their operations.

The commune-level People’s Committee shall organize periodical and unscheduled inspections of activities of private independent preschool education groups/ classes and child groups in order to punctually discover and take actions against violations against applicable laws and regulations.

This Circular takes effect on July 15, 2018.

Ü  INFORMATION - COMMUNICATIONS


CIRCULAR NO. 18 ON REPEALING THE GRANT OF LICENSE
TO IMPORT RADIO TRANSMITTERS AND TRANSCEIVERS

To attach the list of legislative documents which are entirely repealed in sectors under the state management by the Ministry of Information and Communications with the Decision No. 823/QD-BTTTT dated May 31, 2018.

In particular, this List mention the Circular No. 18/2014/TT-BTTTT dated November 26, 2014 on detailing

 

the implementation of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on grant of license to import radio transmitters and transceivers shall be expired from May 15, 2018.

This Decision takes effect on the signing date.

Ü   INSURANCE


03 OBJECTS ARE SUPPORTED FOR AGRICULTURAL INSURANCE

This is the content of the Decree No. 58/2018/ND-CP dated April 18, 2018 of the Government on agricultural insurance, takes effect on June 05, 2018.

Specifically, there are 3 objects are supported for agricultural insurance, include:

- Crops: rice, rubber, pepper, cashew, coffee, fruit trees and vegetables;

- Livestock: buffaloes, cows, pigs and poultry;

- Aquatic animals: black tiger shrimps, white-leg shrimps and pangasius cat fish.

Individuals engaged in agricultural production who are from poor or near-poor households are entitled to support of up to 90% of agricultural insurance premiums; Individuals

 

engaged in agricultural production who are not from poor or near-poor households are entitled to support of up to 20% of agricultural insurance premiums.

Besides, organization engaged in agricultural production in the form of cooperative, associated, concentrated or large-scale production with the application of advanced science and technology and production processes to production toward a clean, hi-tech and environment-friendly agriculture are entitled to support of up to 20% of agricultural insurance premiums.

Insured risks eligible for support including: Natural disaster risks; Animal epidemics and plant pests.

Ü   POLICY


7 GROUPS OF RURAL CAREER ARE SUPPORTED FOR DEVELOPMENT

On April 12, 2018, the Government issues the Decree No. 52/2018/ND-CP on development of rural trades.

Accordingly, there are 7 groups of rural trade activities are supported for development, include:

1. Processing and preserving agricultural, forest and aquatic products.

2. Producing fine-art handicrafts.

3. Processing materials serving rural trade production.

4. Producing timber, rattan and bamboo, ceramic and porcelain, glass, textile and garment, fiber, embroidery, knitwear, and small mechanical engineering products.

5. Producing and trading in ornamental creatures.

6. Making salt.

 

7. Providing services for production and life of rural inhabitants.

These rural trade activities are supported on production areas; trade promotion; priority in taking loans from credit institutions; science and technology; human resources training…

Also in accordance with this Decree, s craft shall be recognized as a traditional one when it fully satisfies the following 3 criteria: Having existed in the locality for over 50 years and still developed by the time of request for recognition; Creating products bearing the nation’s cultural identity; Being associated with the name(s) of one or more than one artisan or with the name of a certain craft village.

This Decree takes effect on June 01, 2018.

Ü  ORGANIZATIONAL STRUCTURE


THE GOVERNMENT INSPECTORATE’S TASKS IN PREVENTION
AND COMBAT OF CORRUPTION

On April 09, 2018, the Government issues the Decree No. 50/2018/ND-CP on defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam.

Accordingly, the Government Inspectorate of Vietnam is a ministerial-level agency of the Government and functions to perform the state management of inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of corruption nationwide; and inspect, settle complaints and denunciations and prevent and combat corruption.

Regarding the prevention and combat of corruption field, the Government Inspectorate of Vietnam shall perform some tasks such as:

- To inspect the implementation of the law against corruption by ministries, ministerial-level agencies,

 

government-attached agencies and provincial-level People’s Committees; to take the initiative in coordinating with agencies and organizations in detecting acts of corruption; to inspect cases showing signs of corruption; to urge the handling of persons committing acts of corruption;

- To assume the prime responsibility for, and coordinate with competent state agencies in, building a common database on corruption prevention and combat;

- To coordinate with the related units in providing and exchanging information, documents and experience related to anti-corruption work; to summarize, assess and forecast the corruption situation and propose policies and solutions against corruption…

This Decree takes effect on May 29, 2018.

Ü  AGRICULTURE – FORESTRY


IMPLEMENTATION PLAN OF THE LAW ON FORESTRY,
LAW ON FISHERIES

The Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries is promulgated by the Prime Minister at the Decision No. 390/QD-TTg dated April 11, 2018.

According to the Plan, by September 2018, the Ministry of Agriculture and Rural Development shall submit to the Government 3 Decree including: Decree detailing a number of articles of the Law on Forestry; Decree on management of endangered, specious and rare forest fauna and flora species and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Decree on forest management and specialized forest protection forces.

 

For Decree on sanctioning of administrative violations in the field of forest management and Decree on sanctioning of administrative violations in the field of fisheries, the time for submission to the Government is in December 2018.

Concurrently, finish 07 Circulars on guiding the Law on Forestry and submit to the Government 02 important documents (Decree detailing a number of articles of the Law on Fisheries and Decision on major reared aquatic animals) in October 2018.

This Decision takes effect on the signing date.

Ü  ADMINISTRATIVE BORDER


ALL VOTERS MAY GIVE OPINIONS ON THE ADJUSTMENT OF BOUNDARIES

On April 16, 2018, the Government issues the Decree No. 54/2018/ND-CP on guiding the collection of voters’ opinions on the establishment, dissolution, merger, separation and adjustment of boundaries, of administrative units.

According to this Decree, all voters in a commune-level administrative unit who are directly affected by the establishment, dissolution, merger, separation or adjustment of boundaries, of such administrative unit may be named in the list of voters and distributed voter opinion polls.

 

 

Each voter may write his/her name on the list of voters in the locality where he/she registers his/her permanent residence; the list of voters shall be posted up for 30 days until the date of organizing the distribution of voter opinion polls.

Every voter has the right to express his/her agreement or disagreement in the poll; voter shall write and sign in the poll himself/herself and may not ask another to do so for him/her, except for the case a voter is illiterate or does not speak Vietnamese or is disabled.

This Decree takes effect on the signing date.

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