Legal Document Updates in English (29/2013)

                                        

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

1221/QD-TTg

Decision No. 1221/QD-TTg dated July 25, 2013 of the Prime Minister approving the implementation plan on 2006 Maritime Labor Convention

 

 Issue the Decree on Maritime in 2015

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

 

2

77/2013/ND-CP

Decree No. 77/2013/ND-CP dated July 17, 2013 of the Government detailing the implementation of the Law on Tobacco Harm Prevention regarding to some measures for Tobacco Harm Prevention

 

 03 conditions for smoking cessation establishments

Page 2

ADMINISTRATIVE VIOLATIONS

 

ADMINISTRATIVE VIOLATIONS

 

3

79/2013/ND-CP

Decree No. 79/2013/ND-CP dated July 19, 2013 of the Government promulgating on penalties for administrative violations in statistics

 

 A fine to VND 30 million for revealing the statistical information

Page 2

INFORMATION – COMMUNICATIONS

 

INFORMATION - COMMUNICATIONS

 

4

72/2013/ND-CP

Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision and use of Internet services and online information

 

 Game shops must have minimum distance of 200m from schools

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

 

5

80/2013/ND-CP

Decree No. 80/2013/ND-CP dated July 19, 2013 of the Government promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods

 

 VND 20 million fine for administrative violation of goods label, code and barcode

Page 3

 

SUMMARY:

 

Ü LABOR - SALARY


ISSUE THE DECREE ON MARITIME IN 2015
 

In order to implement fully and completely provisions of the 2006 Maritime Labor Convention (2006MLC) of which Vietnam is a member, in order to assure legal rights and benefits of crewmembers, improve quality of contingent of crewmembers for effective development of Vietnam’s maritime ships team and  develop the human resource of maritime in accordance with the 2006 MLC in order to raise safety and quality of international maritime transport, the Prime Minister issues the Decision No.  1221/QD-TTg dated July 25, 2013 approving the implementation plan on 2006 Maritime Labor Convention.

In accordance with the road map in this Plan, the tasks are to complete system of domestic legal documents on maritime labor in order to carry out fully and completely provisions and standards of the 2006 MLC, in which

 

concentrate in formulating the Decree on maritime labor from 2013 to 2015; to carry out examination, assessment and grant of certificates for ships at the request of the MLC, including maritime labor certificate (MLC) and Declaration of Maritime Labor Compliance (DMLC) in In 2013.
In the time from 2013 to 2014 the task is to formulate system of examination and supervision aiming to implement obligation on seaport state inspection applicable to maritime ships bearing foreign nationality going out and in Vietnam’s seaports. To formulate system of measures ensuring execution of provisions in Convention, including examination, control in order to implement national responsibility for ships bearing Vietnamese flag, and responsibility of countries possessing seaports.

This Decision takes effect on the signing date.

Ü MEDICAL - HEALTH


03 CONDITIONS FOR SMOKING CESSATION ESTABLISHMENTS
 

On July 17, 2013, the Government issues the Decree No.  77/2013/ND-CP detailing the implementation of the Law on Tobacco Harm Prevention regarding to some measures for Tobacco Harm Prevention.

In accordance with this Decree, Conditions of smoking cessation establishments includes possessing decision on establishment of competent state agency for establishments owned by State or business registration certificate of competent state agency for establishments owned by individuals.; having sufficient material facilities ensuring for activities of smoking cessation and advising about smoking cessation; there are persons directly exercising activities of smoking cessation and there are persons directly exercising advisory activities of smoking cessation with knowledge, understanding of smoking harm for their health, diseases originated from reason of smoking and advisory content of smoking cessation.

Similarly, the Conditions of smoking cessation advisory establishments includes possessing decision on establishment of competent state agency for establishments owned by State or business registration

 

certificate of competent state agency for establishments owned by individuals; having sufficient material facilities ensuring for activities of advisory for smoking cessation such as having communication documents, information and data on advisory for smoking cessation are managed by computer and having rooms reserved for activities of directly advising on smoking cessation with area not less than 10m2, telephone, internet, and other means of information ensuring for activities of indirectly advising about smoking cessation, besides, the smoking cessation advisory establishments must include exercising advisory activities of smoking cessation.

The Ministry of Health shall assume the prime responsibility for, and coordinate with relevant Ministries, sectors and localities in monitoring execution and assessing implementation of provisions on indoor non-smoking locations with places reserved for smokers and proposing to the Government for regulation which changes such locations to the indoor complete non-smoking locations.

This Decree takes effect on September 15, 2013.

Ü ADMINISTRATIVE VIOLATIONS


A FINE TO VND 30 MILLION FOR REVEALING THE STATISTICAL INFORMATION
 

On July 19, 2013, the Government issues the Decree No. 79/2013/ND-CP promulgating on penalties for administrative violations in statistics.

In accordance with this Decree, A fine of from 300,000 VND to 1,000,000 VND for one of the violations such as the submission of statistical survey forms, which are filled by the subjects of survey under the instructions of the surveyor (hereinafter referred to as indirect survey method), is 01 - 04 days behind schedule according to the statistical survey plan; failing to submit sufficient indirect statistical survey forms according to the statistical survey plan; failing to provide sufficient information in the survey forms according to the statistical survey plan. Or a fine of from over 1,000,000 VND to 3,000,000 VND for submitting statistical survey forms, which are filled by the subjects of survey under the instructions of the surveyor (hereinafter referred

 

to as indirect survey method) 05  - 09 days behind schedule according to the statistical survey plan…And a fine of from 20,000,000 VND to 30,000,000 VND for revealing the statistical information associated with names and addresses of providers without their permission.

Beside above fine, the other remedial measures shall be applicable such as to invalidate the statistical reports; to suspend the statistical survey, revoke survey forms; invalidate the decision on survey and the survey plan; invalidate the voting, survey forms, and statistical survey results; to restore the restorable survey forms and survey reports and to edit the sources of the statistical information that is cited, propagated, or posted.

This Decree takes effect on September 05, 2013 and supersedes the Government's Decree No. 14/2005/ND-CP dated February 04, 2005.

Ü INFORMATION - COMMUNICATIONS


GAME SHOPS MUST HAVE MINIMUM DISTANCE OF 200M FROM SCHOOLS
 

On July 15, 2013, the Government issues the Decree No. 72/2013/ND-CP on management, provision and use of Internet services and online information.

In accordance with this Decree, conditions for opening public game centers as follows: organizations and individuals may only open public game centers after obtaining the Certificate of eligibility to open public game centers; the Certificate of eligibility to open public game centers shall be issued after the conditions below are satisfied as the opening of the game center is registered, the game center is located at least 200 m away from gates of primary schools, middle schools, and high schools,  a sign saying “Game center” is put up, which specifies the name, address, phone number, and business registration number, the total area of computer rooms of the game center is at least 50 m2 for urban areas in class I, class II, class III, at least 40 m2 for urban areas in class IV, class V, and at least 30 m2 for other areas…The Ministry of Information and Communications shall specify the procedure for issuing, adjusting, extending, revoking, and reissuing the Certificate of eligibility to open public game centers.

 

Every organization or enterprise shall be issued with the license to establish news websites or license to establish social networks when the organization or enterprise is established within Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information provided;  the management personnel meet the requirements of the Ministry of Information and Communications; domain names are registered to establish the news website of social network; the financial and technical capacity, organizational structure, and personnel are suitable for the scale; measures are taken for ensuring information safety and information security.

This Decree takes effect on September 01, 2013 and replaces the Government's Decree No. 97/2008/ND-CP dated August 28, 2008; the Joint Circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT dated July 14, 2005  and the Joint Circular No. 60/2006/TTLT-BVHTT-BBCVT-BCA dated June 01, 2006.

Ü ADMINISTRATIVE


VND 20 MILLION FINE FOR ADMINISTRATIVE VIOLATION OF
GOODS LABEL, CODE AND BARCODE
 

On July 19, 2013, the Government issues the Decree No. 80/2013/ND-CP promulgating the administrative violation sanction in the field of standards, measure and quality of products and goods.

In accordance with this Decree, the maximum fine level in the field of measure for individuals is 100,000,000 dong and 200,000,000 dong shall be imposed for organizations, the maximum fine level in the field of standards, quality of products and goods for the individuals is 150,000,000 dong and 300,000,000 dong shall be imposed for organizations.

For sanctioning violation of conformance in the wholesale and retail of goods circulating in the market, the fine level for the violation of provisions on conformance announcement, conformance mark or products and goods having their quality not in accordance with the standards published in the wholesaling and retail as a caution or a fine of between 50,000 dong and 200,000 dong shall be imposed if the violating batch of goods is valued up to 10,000,000 dong; a fine of between 200,000 dong and 500,000 dong shall be imposed if the violating batch of goods is valued from over 10,000,000 dong to 20,000,000 dong; a fine of between 500,000 dong and 2,000,000 dong

 

shall be imposed if the violating batch of goods is valued from over 20,000,000 dong to 40,000,000 dong; a fine of between 3,000,000 dong and 9,000,000 dong shall be imposed if the violating batch of goods is valued from over 40,000,000 dong to 80,000,000 dong and so on.

Besides, A caution or fine of between 400,000 dong and 1,000,000 dong shall be imposed for selling goods without announcement of applicable standards; or a fine of 01 times to 02 times of the total value of products and goods at the time of violation for the act of selling products and goods whose quality is not suitable with the applicable published standards. Besides, there are some additional form of sanction such as depriving the use right of certificate of eligibility for business issued by the competent authority from 01 to 06 months for violations and confiscating to destroy the product and goods which are not safe to use for people, domestic animal, plants and affect the ecology and environment.

This Decree takes effect on September 15, 2013 and replaces the Decree No. 54/2009/ND-CP dated June 05, 2009.

 

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