Legal Document Updates in English (26/2013)

SUPPORTS FOR CITIZENS THAT HAVE MET DIFFICULTIES
IN FOREIGN COUNTRIES
 

On July 08, 2013, the Ministry of Finance issued the Circular No. 92/2013/TT-BTC dated July 8, 2013 of the Ministry of Finance defining the financial management regime of the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities.

Citizen Assistance Fund is the non-refundable expenses, accordingly, the fund shall be non-refundable for expenses for direct activities related to assisting overseas Vietnamese citizens and legal entities of overseas Vietnamese representative agencies. Expenses for officials of representative agencies to assist overseas Vietnamese citizens and legal entities or investigate cases in which overseas Vietnamese citizens are arrested, held in temporary detention of custody, brought to trial or sentenced to imprisonment; expenses for citizens that have met difficulties when they themselves and their family can’t afford to recover; for citizens who are suffered from the fatal diseases (mental disease, end-stage of cancer, dead, or having accident that may affect their life and they can’t afford to recover; or cases in serious circumstances that need assistance (war, natural disasters, epidemic diseases, terrorism); assist the expenses for taking women, children who are victims of human trafficking criminals to back to

03 TYPES OF ENTERPRISES RECEIVING PRIORITY REGIME IN CUSTOMS
 

This is the content prescribed at the Circular No. 86/2013/TT-BTC of June 27, 2013, providing the application of the priority regime in the state management of customs to eligible businesses, including Exemption from examination of customs dossiers and exemption from physical inspection of goods; in case customs offices’ data systems break down or suspends, a prioritized business may use a set of documents including commercial invoices, packing lists, goods delivery orders and tax returns affixed with the business’s seal and signed by its representative to carry out customs clearance procedures or eligible businesses are not required to register material consumption norms and submit liquidation reports with customs offices, provided that they have installed import and export management software meeting customs offices’ management and inspection requirements.

Accordingly, the Ministry of Finance shall point out clearly types of enterprises, including businesses eligible for priorities in the import and export of all goods items and in all forms of import and export., the import or export turnover must be at least USD 200 (two hundred) million/year; businesses eligible for priorities in the export of agricultural

05 CONDITIONS FOR TOBACCO RETAILING
 

On June 27, 2013, the Government issued the Decree No. 67/2013/ND-CP detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business.

At this Decree, the Government details 05 conditions for issuing the of the License for tobacco retailing such as:  the tobacco retailing is registered; the business location is fixed and clear, the technical requirements are satisfied; the area of tobacco sale is at least 03 m2 or larger; letters of introduction or sale contracts signed with tobacco wholesalers are presented; the Planning for tobacco trading network approved by competent authorities is complied with.

Similarly, the Government also details some conditions for the issuance of the License to distribute tobacco and the License for tobacco wholesaling. In particular, the application for the License to distribute tobacco must include the written request for the issuance of the License to distribute tobacco; a copy of the Certificate of Enterprise registration or Certificate of Business registration and the Certificate of Tax code;  copies of letters of introduction or sale contracts signed with tobacco suppliers, which specify the intended business location; documents about the

DEFINING JOB POSITIONS AND STRUCTURES OF CIVIL SERVANT RANKS
 

The Government has just issued the Decree No. 36/2013/ND-CP on job positions and structures of civil servant ranks.

Also in accordance with this Decree, job positions mean jobs associated with civil servant titles, posts, structures and ranks for determining payrolls and assigning tasks to civil servants in agencies, organizations and units. The structure of each job position in an agency, organization or unit consists of a job description and a framework of relevant capacities for a civil servant to fulfill his/her job. And job positions are classified as job position assumed by one person; job position assumed by more than one person and part-time job position. Bases for determining job positions and structures of civil servant ranks are not only documents issued by competent authorities, defining the functions, tasks, powers and organizational structures of agencies, organizations and units; work nature, characteristics and requirements of agencies, organizations and units but also the degree of complexity and scale of work; scope and subjects of service and management; process and procedures for management or performance of professional tasks in accordance with law; the degree of modernization of working offices, equipment and facilities and application of information technology and so on.

TO STRONGLY DEVELOP SIX PRIORITY INDUSTRIES WITHIN THE FRAMEWORK OF
VIETNAM-JAPAN COOPERATION
 

On July, 01, 2013, the Prime Minister signed the Decision No. 1043/QD-TTg approving Vietnam’s industrialization strategy within the framework of Vietnam-Japan cooperation through 2020 with a vision toward 2030.

This strategy has listed out to strongly develop six priority industries, including electronics, agricultural machinery, agricultural fishery product processing, shipbuilding, environment and energy saving; automobiles and auto parts manufacturing, into spearhead industries of the economy with high added value and international competitiveness. Industries prioritized for development in the industrialization strategy have a leading role in promoting the attraction of investment from domestic and foreign enterprises, first of all Japanese ones, and creating a spillover of technology and skills for the industry in particular and Vietnam’s economy in general.

Accordingly, by 2020, the sectors will be prioritized for the development, including sectors prioritized for development will take the lead in the application of high and clean technologies while ensuring the rationality in Vietnam’s economic conditions; production value of the priority sectors will increase at least 20% annually and contribute at least

TO ADD INSPECTORATE AGENCIES FOR LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
 

On April 04, 2013, the Government issued the Decree No. 39/2013/ND-CP on organization and operation of the Labor, War Invalids and Social Affairs inspectorate.

From June 15, 2013, beside the state inspection agencies such as the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs; inspectorates of provincial-level Labor, War Invalids and Social Affairs Departments, there are also agencies assigned to conduct specialized inspection such as the Vocational Training Directorate and the Department of Overseas Labor.

The Decree also points out 10 content groups for specialized inspection such as Implementation of the labor law: Implementation of regulations on regular reporting; recruitment and training of employees; implementation of the law on social insurance (compulsory and voluntary social insurance, unemployment insurance); implementation of the law on sending Vietnamese abroad for work under contracts; implementation of the law on vocational training and policies and regimes on vocational training and learning; implementation of policies and laws on preferential treatment for persons with meritorious services to the Revolution; implementation of policies and

MUST HAVE AT LEAST TWO YEARS WHEN REGISTERING IN A DISTRICT
OF A CENTRAL-AFFILIATED CITY
 

On June 20, 2013, the National Assembly has approved the Law No. 36/2013/QH13 on amending and supplementing some articles of the Law on Residence.

Having much differences from the Law No. 81/2008/QH11 on Residence on the Conditions for permanent residence registration in central-affiliated cities, this amended and supplemented Law is adjusted as follows:  the citizen must have a lawful residence for at least one year when registering in a district or town of a central-affiliated city, or for at least two years when registering in a district of a central-affiliated city; the citizen is accepted by a holder of the household registration book; a citizen who is sent to or employed by an organization which is paid by the State budget, or works under an indefinite contract, and has a lawful residence; a citizen who registered a permanent residence in a central-affiliated city and returns to his or her legal residence;

The people that register their legal residence that is rented or lent by another organization or individual must satisfy the