Legal Document Updates in English (30/2020)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

88/2020/ND-CP

Decree No. 88/2020/ND-CP dated July 28, 2020 of the Government on detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance

 

Support for job change training expenses for victims of occupational accidents

Page 2

INVESTMENT

 

INVESTMENT

2

02/2020/TT-BXD

Circular No. 02/2020/TT-BXD dated July 20, 2020 of the Ministry of Construction amending and supplementing a number of articles of 4 Circulars concerning management of construction investment costs

 

Project owner may be authorized to appraise construction survey cost estimates

Page 2

SECURITIES

 

SECURITIES

3

70/2020/TT-BTC

Circular No. 70/2020/TT-BTC dated July 17, 2020 of the Ministry of Finance on extending the implementation validity period of the Circular No. 14/2020/TT-BTC dated March 18, 2020 on amending and supplementing a number of Articles of the Circular No. 127/2018/TT-BTC dated December 27, 2018 of the Minister of Finance on prescribing prices of services in the field of securities applicable to the Stock Exchanges and Vietnam Securities Depository to support relevant organizations and individuals affected by the Covid-19 epidemic

 

To extend the period of exemption from securities service prices until June 30, 2021

Page 2

POLICY

 

POLICY

4

105/NQ-CP

Resolution No. 105/NQ-CP dated July 17, 2020 of the Government on the teleconference between the Government and localities and the Government’s regular meeting on June 2020

 

To settle temporary cessation of contribution to the retirement fund for 12 months maximum

Page 3

ADMINISTRATIVE

 

ADMINISTRATIVE

5

 

30/2020/ND-CP

 

Decree No. 30/2020/ND-CP dated March 05, 2020 of the Government on clerical work

 

Latest guidance on administrative document presentation techniques

Page 3

JUSTICE

 

JUSTICE

6

32/2020/ND-CP

Decree No. 32/2020/ND-CP dated March 05, 2020 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 59/2012/ND-CP of July 23, 2012, on law implementation monitoring

 

To notify the conclusion of law implementation inspection within 15 days

Page 4

 

SUMMARY:

 

Ü  LABOR - SALARY

SUPPORT FOR JOB CHANGE TRAINING EXPENSES FOR VICTIMS OF OCCUPATIONAL ACCIDENTS

On July 28, 2020, the Government issues the Decree No. 88/2020/ND-CP on detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance.

Accordingly, an employer may receive support for expenses of job change training for employees if the employee fully meets the following conditions: suffering a working capacity decrease of at least 31% due to the occupational accident, disease; having been assigned by the employer with a new job under the employer’s management suitable to his/her health; participating in occupational accident, disease insurance in accordance with law provisions.

Besides, an employee shall be supported in taking an occupational disease examination if he/she fully meets the following conditions: have paid occupational accident and

 

disease insurance premiums for full 12 months or more; have been detected of an occupational disease at occupational disease examination and treatment establishments. The level of support equals 50% of the expenses of occupational disease examination which is determined on the basis of the list of prices of occupational disease examination services.

In addition, an employer shall be entitled to a maximum of one-time support in 24 months with 70% of the actual costs spending for training for each subject eligible for training support, specifically: not exceed VND 150,000 per a person, for safety and hygiene officers; not exceed VND 300,000 per a person, for managers in charge of occupational safety and hygiene and persons in charge of health; etc.

This Decree takes effect on September 15, 2020.

Ü  INVESTMENT

PROJECT OWNER MAY BE AUTHORIZED TO APPRAISE CONSTRUCTION SURVEY COST ESTIMATES

This is a new contents in the Circular No. 02/2020/TT-BXD dated July 20, 2020 of the Ministry of Construction amending and supplementing a number of articles of 4 Circulars concerning management of construction investment costs.

According to regulations on the competence to appraise and approve construction cost estimates: For turnkey bidding packages and mixed bidding packages, cost estimates shall be appraised and approved by investment deciders before selecting contractors. When necessary, the investment decider may authorize the project owner to appraise and approve construction survey cost estimates together with survey tasks.

Cost estimates for preparation for formulation of technical designs and construction drawing designs which are determined in percentage (%) or by estimation method and included in the appraised and approved total construction

 
 

investment are not required to be appraised and approved again.

The Circular also supplements other costs that may also include in the total construction investment: cost of transportation of special-use construction machinery and equipment to and from the construction site; cost of assurance of traffic safety for construction activities; cost of restoration of technical infrastructure facilities affected by construction activities; cost of material warehousing, etc.

For the use of contingency amounts, in the course of performance of a construction contract, the project owner shall decide on the use of contingency amounts which must not exceed the contingency amounts approved by the investment decider when determining and updating the price of the bidding package.

This Circular takes effect on September 05, 2020.

Ü  SECURITIES

TO EXTEND THE PERIOD OF EXEMPTION FROM SECURITIES SERVICE PRICES UNTIL JUNE 30, 2021

On July 17, 2020, the Ministry of Finance issues the Circular No. 70/2020/TT-BTC on extending the implementation validity period of the Circular No. 14/2020/TT-BTC dated March 18, 2020 on amending and supplementing a number of Articles of the Circular No. 127/2018/TT-BTC dated December 27, 2018 of the Minister of Finance on prescribing prices of services in the field of securities applicable to the Stock Exchanges and Vietnam Securities Depository to support relevant organizations and individuals affected by the Covid-19 epidemic.

Accordingly, the implementation validity period of Clause 1, Article 2 of the Circular No. 14/2020/TT-BTC dated March 18, 2020 on amending and supplementing a number of Articles of the Circular No. 127/2018/TT-BTC dated December 27, 2018

 

of the Minister of Finance on prescribing prices of services in the field of securities applicable to the Stock Exchanges and Vietnam Securities Depository to support relevant organizations and individuals affected by the Covid-19 epidemic shall be extended until the end of June 30, 2021.

After June 30, 2021, the price of services in the field of securities applicable to the Stock Exchanges and Vietnam Securities Depository shall comply with the Circular No. 127/2018/TT-BTC dated December 27, 2018 of the Minister of Finance.

This Circular takes effect on August 31, 2020.

Ü  POLICY

TO SETTLE TEMPORARY CESSATION OF CONTRIBUTION TO THE RETIREMENT FUND
FOR 12 MONTHS MAXIMUM

On July 14, 2020, the Government promulgates the Resolution No. 105/NQ-CP on the teleconference between the Government and localities and the Government’s regular meeting on June 2020.

Accordingly, the Government requests agencies, ministries, sectors and localities to focus on performing the following contents:

Firstly, the Ministry of Planning and Investment shall assume the prime responsibility for and coordinate with the concerned ministries and agencies in formulating the growth scenarios for the third and fourth quarters of 2020 by sectors, domains and of the whole country; promptly adjust the plan of public investment in the central budget in 2020 among ministries, central agencies and provinces; etc.

 

Secondly, the Vietnam Social Security shall study and report to the competent authorities for consideration and settlement of temporary cessation of contribution to the retirement and survivorship fund for a maximum period of 12 months for units and employees facing difficulties due to the COVID-19 pandemic. Such suspension shall temporarily remain until December 2020.

Thirdly, the Ministry of Education and Training shall properly prepare conditions for the 2020-2021 academic school year, applying textbooks for the new general education program, ensuring the long-term, economical, and effective use of textbooks.

Fourthly, the Ministry of Finance shall promptly handle and provide funding for provinces to implement policies to support people in difficulties due to the COVID-19 pandemic as prescribed; etc.

Ü  ADMINISTRATIVE

LATEST GUIDANCE ON ADMINISTRATIVE DOCUMENT PRESENTATION TECHNIQUES

This content is promulgated by the Government in the Decree No. 30/2020/ND-CP dated March 05, 2020 on clerical work.

Accordingly, an administrative document shall be presented in an A4 paper size (210 mm x 297mm), using times New Roman font, Unicode code according to the Vietnamese National Standard TCVN 6909:2001 with black color. The page number starts from 1, in Arabic, size 13 - 14, with regular font style and center alignment on the top edge of a document, and page number shall not be presented on the first page.

Besides, the issuing date of such document shall be fully stated; number indicating date, month and year must be in Arabic; for date of 01 – 9 and January and February, there must be “0” before such number.

 

Noticeably, when citing relevant documents for the first time, must include documents’ type, number, symbol, issuing date, issuing agencies or organizations and documents’ subject (for Laws and Ordinances, only type and name are required); in the following citation, only type, number and symbol of such documents are required, etc.

In addition, academic titles, academic distinctions and other honor titles shall not be allowed to state before the signature’s full name. The stating of military rank, academic title and academic distinction before the signature’s full name in documents of people's armed forces units, educational, health and scientific career organizations shall be decided by heads of agencies in charge of such branches and sectors.

This Decree takes effect on the signing date.

Ü  JUSTICE

TO NOTIFY THE CONCLUSION OF LAW IMPLEMENTATION INSPECTION WITHIN 15 DAYS

On March 05, 2020, the Government issues the Decree No. 32/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 59/2012/ND-CP of July 23, 2012, on law implementation monitoring.

Accordingly, within 15 days after finishing the inspection, the head of the interdisciplinary inspection team shall send a notice of inspection conclusions to the agencies, organizations and individuals subject to inspection. Inspection conclusions must have the following principal contents: remarks on and assessments of achievements; shortcomings and limitations of law implementation and their causes; proposal of measures to raise the effectiveness of

 

law implementation and improve the legal system; handling violations, etc.

Besides, the Decree also supplements regulations on law implementation monitoring collaborators. To be specific: Law implementation monitoring collaborators shall work under contracts on a case-by-case basis, except those who are cadres, civil servants or public employees salaried from the state budget. Law implementation monitoring collaborators shall collect and summarize information; carry out surveys; and give opinions on the processing of law implementation monitoring results.

This Decree takes effect on May 15, 2020.

 

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