Legal Document Updates in English (37/2013)

FINE UP TO VND 60 MILLION FOR VIOLATING REGULATIONS ON PRICE STABILIZATION

On September 24, 2013, the Government issued the Decree No. 109/2013/ND-CP prescribing on sanctioning administrative violations in the field of prices, charges and fees, and invoices. Of which, one of the most significant points is the increase of fine level regarding administrative violations in these field..

Specifically, fines of between VND 40 million and 60 million for acts of failing to set up the price stabilization fund (increasing by VND 10 million to 30 million as previously). Fine level for acts of selling goods and providing services inconsistent with specific price level or not falling in price bracket, higher than the maximum price level or lower than the minimum price level decided by the competent agencies also increase by 5 million for every act of violation.
 

FINES UP TO VND 100 MILLION ARE APPLIED TO VIETNAMESE WORKERS WHO ILLEGALLY LEAVING THE CONTRACTUAL WORKPLACE

This is one of the content stipulated in Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract..

According to the Decree, Vietnamese guest workers in other countries shall carry a fine from VND 80 million to VND 100 million once they commit one of the following acts: Illegally staying in the host country after the labor contract or visa expires, illegally leaving the contractual workplace, failing to go to the contractual workplace after being admitted by the host country; enticing, forcing, deceiving Vietnamese workers into staying in the host country illegally. Apart from carrying a fine, the workers committed violations shall be sent back to their home country and be suspended from working abroad for 02 or 05 years…

Besides, overseas manpower supplier shall be liable to a fine from VND 20 million to VND 40 million if they fail to submit the list of departing workers to the diplomatic mission or Vietnam’s consular office at other countries prescribed by law or fail to cooperate with the diplomatic mission or Vietnam’s consular office at other countries in the management and protection of lawful interests of workers during the period

of overseas work.

For the conclusion of labor contract, the employers shall be liable to a fine from VND 20 million to VND 25 million if they keep workers’ original copies of ID papers, qualifications and certificates or force workers to deposit money or other assets as collateral for the execution of labor contracts; they shall be liable to a fine from VND 2 million to VND 5 million if they commit one of the following acts:  To request workers to undergo more than 01 probation; to extend probation beyond the permissible time; to pay the workers under probation lower than 85% of the official salary…

Moreover, the Government also regulates the fine levels towards violations related to working hour, rest time; worker outsourcing, female workers… Specifically, a fine from VND 10 million to VND 20 million shall be applied if the employer fails to allow female workers having children under 12 months of age to rest 60 minutes daily during their periods, to laying off or unilaterally terminate labor contracts with female workers for reason marriage, pregnancy, maternity leave…

This Decree takes effect on October 10, 2013.

91 JOBS IN PROHIBITED LIST FOR MINOR PERSONS

On June 10, 2013, the Ministry of Labor, War Invalids and Social Affairs promulgates the Circular No. 10/2013/TT-BLĐTBXH to provide the lists of jobs and workplaces in which the employment of minor persons is prohibited..

The list consists of 91 probihited jobs applied to minor persons in hazardous environment in contact with harmful micro-organisms;  in a environment highly prone to infection and suffering mental and psychological tension… such as: Collecting or classifying garbage, wastes or scraps, working on scaffolds or beams which are over 3 m higher than the working floor and the like; working in prisons or mental hospitals; processing green coffee for export; contacting directly with toxic chemicals; operating and watching low-, medium- and high-voltage stations…
 

THE STATE BANK OF VIETNAM TO MAKE CONFIRMATION OF FOREIGN LOANS WITHIN 15 DAYS

On September 24, 2013, the State bank of Vietnam issued Circular No. 22/2013/TT-NHNN on guiding procedures for registration and change registration of foreign loan and international bond issuance guaranteed by the Government.

In this Circular, the State bank gives specific guidance on the procedures for registration and change registration of foreign loans and of international bond issuance guaranteed by the Government. In case there is any changes related to foreign loans, issuance of international bonds stated in the document of the State bank which confirms registration of foreign loans, issuance of international bonds, the borrower is responsible for registering the change of foreign loans, issuance of international bonds with the State bank .

Within thirty (30) days after signing agreements of change or the Ministry of Finance has issued a letter and before executing content of change, the borrower shall send directly or via post office one (01) set of
 

TO EXTEND THE DURATION OF PRIORITY REGIME FOR THE FIRST TIME TO ENTERPRISES

On September 24, 2013, the Ministry of Finance issued Circular 133/2013/TT-BTC on amending and supplementing Clause 1 Article 15 and promulgated forms enclosed with Circular No. 86/2013/TT-BTC dated June 27, 2013 on applying priority regime in State management of customs to eligible enterprises..

In this Circular, the duration of customs priority regime for the first time ascribed to an enterprise shall increase from 24 months to 36 months (03 years) after the General Director of Customs signs a decision on application of the priority regime to the enterprises (Increase by 12 months as compared with existing regulations). Upon the expiration of this duration, the General Department of Customs shall conduct revaluation and, if the enterprise still satisfies the specified conditions, the duration of application of the priority regime will be extended.
 

TO REMOVE “FULL NAME OF FATHER, MOTHER” IN THE BACK SIDE OF THE PEOPLE’S IDENTITY CARD

On September 17, 2013, the Government issued Decree No. 106/2013/ND-CP on amending and supplementing a number of articles in the Decree No. 05/1999/ND-CP dated February 3, 1999 of the Government on People’s identity card, which was already amended and supplemented in the Government’s Decree No. 170/2007/ND-CP dated November 19, 2007.

According to the Decree, the Government decided to remove “Full name of father, mother in the back side of the people’s identity card from November 2, 2013; simultaneously, "Independence - Freedom - Happiness” phrase is added  under the phrase “the Socialist Republic of Vietnam” in the front side of the people’s identity card. Moreover, the Government also shortens the granting duration of people’s identity card. Accordingly, the police office shall have to finish the granting process of people’s identity cards to