Legal Document Updates in English (26/2014)

CHANGE THE OPERATION CONDITIONS OF OCCUPATIONAL SAFETY’S
STRICT REQUIREMENTS
 

On March 06, 2014, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 06/2014/TT-BLDTBXH promulgating the occupational safety inspection of machinery, equipment, supplies with occupational safety’s strict requirements under the management of the Ministry of Labor, War Invalids and Social Affair. Within 01 year (instead of 02 years as the previous regulations) from the date of issue of the eligibility certificate, the organization shall establish and maintain a occupational safety inspection quality control system conformable with ISO 9001:2008 or ISO / IEC 17020:2001.

Accordingly, from May 01, 2014, organization issued with the Eligibility certificate must satisfy some conditions beside current regulations such as each object must be inspected by at least 02 (two) inspectors who are organization’s official members (civil servants or employees signing at least 12-month contracts or indefinite contracts); The chief technician must be an inspector, and must have at least 05 (five) year’s experience in technical fields related to inspected objects (including design, production, installation, repair, use, operation or maintenance) or have at least 03

ENTERPRISES WITH A CHARTER CAPITAL OF VND 15 BILLION ARE
ENTITLED TO CREATE SELF-PRINTED INVOICES
 

In accordance with the Circular No. 39/2014/TT-BTC guiding the implementation of the Government’s Decree No. 51/2010/ND-CP of May 14, 2010, and Decree No. 04/2014/ND-CP of January 17, 2014, on goods sale and service provision invoices. Accordingly, entities entitled to create self-printed invoices are enterprises and non-business units entitled to create self-printed invoices after obtaining a tax identification number include enterprises lawfully established in industrial parks, economic zones, export-processing zones and hi-tech parks; public non-business units engaged in production and business activities in accordance with law; enterprises and banks with a charter capital of VND 15 billion or more actually contributed by the time of notifying invoice issuance, including their branches and attached units in localities other than provinces or cities where their head offices are based that declare and pay VAT.

Enterprises established after 01/06/2014 having a charter capital of under VND 15 billion that are engaged in production or service provision and invest in procurement of fixed assets, machinery and equipment valued at VND 1 billion or more as written in purchase invoices at the time of notifying invoice issuance may themselves print invoices for use in goods sale or service provision.

Before creating invoices, above organization shall issue a decision on the use of self-printed invoices and take responsibility for its decision. A decision on the use of self-

MULTI-LEVEL MARKETING BUSINESS MUST HAVE MINIMUM CAPITAL OF
VND 10 BILLION
 

This is one of new contents prescribed at the Decree No. 42/2014/ND-CP dated May 14, 2014 of the Government on management of multi-level marketing activities.

Accordingly, multi-level marketing businesses are prohibited to commit the acts as requesting persons wishing to participate in multi-level marketing to deposit or pay a certain sum of money in any form in order to have the right to participate in a multi-level marketing network; requesting persons wishing to participate in multi-level marketing to buy a certain quantity of goods in any form in order to have the right to participate in a multi-level marketing network; requesting persons wishing to participate in multi-level marketing to pay an additional sum of money in any forms to have the right to maintain, develop or expand their multi-level marketing networks; unreasonably restricting in any forms multi-level marketing participants’ right to develop their networks and so on. Also from July 01, 2014, permitting multi-level marketing participants to receive commissions, bonuses or other economic benefits from luring other persons into participating in multi-level marketing; refusing to pay, without plausible reasons, commissions, bonuses or other economic benefits to be

GUIDING ON THE PRODUCTION TECHNOLOGY LEVEL’S EVALUATION
 

On April 08, 2014, the Ministry of Science and Technology issued the Circular No. 04/2014/TT-BKHCN guiding on the production technology level’s evaluation. Sectors in the application of contents and process of evaluation of technology level in manufacturing  industries includes processing, fabrication, assembly and supporting industries.

In accordance with the guidance of this Circular, production technology is divided into four groups of basic component: group of technological equipment represented in the machinery, tools and means abbreviated as T (Technoware); group of human resources represented in the capacity to absorb the engineering and technology for production abbreviated as H (Humanware); group of information represented in documents and information data abbreviated as I (Infoware); group of organization and management represented in the work of organization and management abbreviated as O (Orgaware). The evaluation

CONDITIONS FOR PRODUCING TOXIC CHEMICAL SCHEDULE 1
 

On May 06, 2014, the Government issued the Decree No. 38/2014/ND-CP on the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction.

Organizations and individuals are not allowed to produce Schedule 1 chemicals, unless they produce such chemicals in special cases to serve scientific research, maintenance of national defense and security or prevention and combat of epidemics and diseases. The production of Schedule 1 chemicals must satisfy the conditions as having an enterprise registration certificate or an investment certificate or a business registration certificate granted by a competent state agency, stating a chemical business line; having made a written commitment; having appropriate location, space, workshops, machinery, equipment, technological process and storehouses up to quality standards; having a laboratory for testing and analysis or having reached agreement with a designated or accredited testing unit which has registered for testing operation in accordance with law on product and goods quality for the purpose of