Legal Document Updates in English (40/2015)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

85/2015/ND-CP

Decree No. 85/2015/ND-CP dated October 01, 2015 of the Government detailing a number of articles the Labor Code in terms of policies for female employees

 

A pregnant employee may unilaterally terminate or suspend the labor contract

Page 2

2

84/2015/QH13

Law No. 84/2015/QH13 dated June 25, 2015 of the National Assembly on occupational safety and health

 

Support for victims of occupational accidents or diseases

Page 2

EDUCATION – TRAINING – VOCATION

 

EDUCATION – TRAINING - VOCATION

3

86/2015/ND-CP

Decree No. 86/2015/ND-CP dated October 2, 2015 of the Government on mechanism for collection and management of tuition fees applicable to educational institution in the national education system and policies on tuition fee exemption and reduction and financial support from academic year 2015-2016 to 2020 - 2021

 

Tuition fee for public preschool education with maximized level of VND 300.000 per month

Page 2

4

46/2015/QD-TTg

Decision No. 46/2015/QD-TTg dated September 28, 2015 of the Prime Minister on policies on support for basic training courses and short-term training courses

 

Policies on support for basic training courses and short-term training courses

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

85/2015/QH13

Law No. 85/2015/QH13 dated June 25, 2015 of the National Assembly on election of deputies to the National Assembly and deputies to People’s Councils

 

The Election Day must be a Sunday and shall be announced at least 115 days in advance

Page 3

 

SUMMARY:

 

Ü LABOR - SALARY


A PREGNANT EMPLOYEE MAY UNILATERALLY TERMINATE
OR SUSPEND THE LABOR CONTRACT
 

If a pregnant employee has a confirmation given by a competent medical facility that the continuation of working will impact negatively the embryo, she may unilaterally terminate or suspend the labor contract is the important contents prescribed at the Decree No. 85/2015/ND-CP dated October 01, 2015 of the Government detailing a number of articles the Labor Code in terms of policies for female employees.

However, provided a prior notice enclosed with the recommendation of the medical facility is submitted to the employer. Deadline for prior notice of unilateral termination/suspension of labor contract shall be according to prescription of the competent medical facility. If there is no prescription of a competent medical facility about the duration of suspension, the two parties shall negotiate the suspension duration themselves.

On female employee’s healthcare services, during the time of raising infants, female employees will have time-off as 60 minutes per day to breastfeed children, collect and store milk or to take rest and employees shall be fully paid for such time-off according to the labor contracts.

Employers are encouraged to enable female employees raising infants to collect and store breast-milk at working

 

places. Time off duration shall be agreed by the employees and the employers. Employers shall build rooms for collecting and storing breast-milk according to the actual conditions of working places and the need of the female employees and capacity of the employers. Besides, when having periodic check-up, female employees will receive maternity-related examination according to the list of maternity-related examination promulgated by the Ministry of Health.

Especially, the Decree shall encourage employers to prioritize females in recruitment and assignment if the job is suitable for both males and females and the applicant is qualified. Employers who hire 10 to 99 female employees where the number of female employees makes up at least 50% of total employees; from 101 to 999 female employees where the number of female employees makes up at least 30% of total employees and hire at least 1,000 female employees are eligible for reduction of enterprise income tax. Additional expenses for female employees will be deductible when determining revenues subject to paying enterprise income tax.

This Decree takes effect on November 15, 2015.


SUPPORT FOR VICTIMS OF OCCUPATIONAL ACCIDENTS OR DISEASES
 

This is one of the important contents prescribed at the Law No. 84/2015/QH13 on occupational safety and health passed by the National Assembly on June 25, 2015 and takes effect on July 01, 2016.

In particular, the Law prescribed that the employers shall be responsible for assigning with new works In case victims of occupational accidents or diseases are assigned and the new work requires training, they are entitled to financial support to cover the training expense. The financial support must not exceed 50% of the total training expense and 15 times the basic salary; this support may not be provided for more than twice per employee and shall be provided once a year only.

Also in accordance with this Law, every month, employers shall pay an amount equaling maximum 1% of the salary fund used as the basis for payment of social insurance

 

premiums for employees. Annually, the Occupational Accident and Disease Insurance Fund shall reserve maximum 10% of its revenue to support the prevention and sharing of risks of occupational accidents and diseases and the activities include health check-up and medical treatment of occupational diseases; working function rehabilitation; re-investigation of occupational accidents and diseases at the request of the social insurance agency and occupational safety and health training for participants in occupational accident and disease insurance and those.

Employers shall provide health check-up for employees at least once a year; employees performing heavy, hazardous and dangerous occupations or jobs or extremely heavy, hazardous and dangerous occupations or jobs, employees with disabilities, minor employees and elderly employees shall be provided with health check-up at least once every six months.

Ü EDUCATION – TRAINING - VOCATION


TUITION FEE FOR PUBLIC PRESCHOOL EDUCATION
WITH MAXIMIZED LEVEL OF VND 300.000 PER MONTH
 

Take effect on December 01, 2015, the Decree No. 86/2015/ND-CP dated October 2, 2015 of the Government on mechanism for collection and management of tuition fees applicable to educational institution in the national education system and policies on tuition fee exemption and reduction and financial support from academic year 2015-2016 to 2020 – 2021.

In accordance with the Decree, the tuition schedule of mass education programs in public preschool education and compulsory education institutions in the academic year 2015 – 2016 is from VND 60,000/month/student to VND 300 ,000/month/student  for urban area; from VND 30,000/month/student to VND 120,000/month/student for rural area; from VND 8,000/month/student to VND 60,000/month/student for mountainous area. From 2016 – 2017 onwards, the tuition fees shall be adjusted according to annual average growth of consumer price index announced by the Ministry of Planning and Investment.

From academic year 2015-2016 to academic year 2017-2018, the maximum tuition fees applicable to mass training programs at public higher education institutions that exercise financial autonomy according to every discipline, in particular, for social science, economics, law; agriculture, forestry, and aquaculture is VND 1,750,000/month/student; for natural sciences; engineering and technology; physical education and sports, art; hotel and tourism is VND 2,050,000/month/student; for medicine and pharmacy is VND 4,400,000/month/student.

 

Another important content is on tuition fee exemption and reduction and financial support. Entities not liable to tuition fees in public educational institutions include: elementary students; pedagogy students; learners of particular disciplines satisfying requirements for socio-economic development, national defense and security. learners eligible for tuition fee exemption also includes the people with meritorious services to the Resolution and their family ; the children studying in preschools and students who are disabled and encounter financial difficulties; the children studying in preschools and students under 16 years of age; the students who are studying in preschools, compulsory schools and have parents living in poor households; the students who are studying in preschools, compulsory schools and have parents who are non-commissioned officers and soldiers serving in a given term in People’s armed forces….

Besides, the State shall grant financial support equivalent to VND 100,000/student per month to the students studying in preschools or compulsory schools who are orphaned or disabled and encounter financial difficulties and the students who are studying in preschools or compulsory schools and have parents living in poor households; duration of receiving financial support shall base on actual learning duration provided that it does not exceed 9 months per one academic year.


POLICIES ON SUPPORT FOR BASIC TRAINING COURSES
AND SHORT-TERM TRAINING COURSES
 

On September 28, 2015, the Prime Minister signed the Decision No. 46/2015/QD-TTg prescribed the policies for support for basic training courses and training courses shorter than 03 months (hereinafter referred to as short-term courses), including: subsidies on training costs; allowance for living costs, and organization of implementation of policies for support for basic training courses and short-term courses.

Subsidies on training costs for each subjects as for disabled people: up to VND 6 million/person/course; poor people from ethnic minorities in; members of poor households in extremely disadvantaged communes/villages: up to VND 4 million/person/course; people from ethnic minorities, beneficiaries of benefits for meritorious persons, members of poor households, members of households whose agriculture land or business land is withdrawn, laid off female workers , fishermen: up to VND 3 million/person/course; people or near-poverty households: up to VND 2.5 million/person/course; females, and rural workers: up to VND 2 million/person/course…. Beside the training costs, above subjects also receive the subsidies on living cost such as subsidy on meals: VND

 

30,000/person/learning day; on traveling cost: VND 200,000/person/course if their residences are at least 15 km from the training location. And for disabled people and learners residing in disadvantaged or extremely disadvantaged communes/villages prescribed by the Prime Minister: VND 300,000/person/course if their residences are at least 15 km from the training location.

Also in accordance with this Decision, learners who take basic training courses and short-term courses are allowed to select their vocations and training institutions. Support for learners shall be provided by the training institutions that run basic training courses and short-term courses. Each person only receives support one time. People who have received support for training under other policies of the State shall not receive the support. With regard to people who has received training support but lose their jobs because of objective causes, the People’s Committee of the communes shall consider providing training support for them to change their jobs under the policies of this Decision. Support shall not be provided more than 03 times.

This Decision takes effect on January 01, 2016.

Ü ORGANIZATIONAL STRUCTURE


THE ELECTION DAY MUST BE A SUNDAY AND SHALL BE ANNOUNCED
AT LEAST 115 DAYS IN ADVANCE
 

In accordance with the Law No. 85/2015/QH13 on election of deputies to the National Assembly and deputies to People’s Councils  passed by the National Assembly on June 25, 2015 and takes effect on September 01, 2015, the election day must be a Sunday and shall be announced at least 115 days in advance.

The voting must proceed continuously, the voting must run from seven a.m. to seven p.m. of the same day. Depending on the situation of each locality, the Election Teams may decide to start the voting earlier but not before five a.m. or end it later but not after nine p.m. of the same day. If it is disrupted by an unexpected incident, the Election Team shall immediately seal the ballot box and documents directly related to the election, promptly report it to the Election Board and at the same time take necessary measures to ensure the resumption of the voting.

All citizens having the voting right shall have their names included in voter lists and be provided with voter cards; a citizen may only have his/her name included in the voter list of the locality where he/she permanently or temporarily resides; voters who are temporary residents and have registered their temporary residence of less than 12 months and soldiers in people’s armed forces units shall have their names included in the voter lists for the election of deputies to the National Assembly or deputies to provincial- or

 

district-level People’s Councils of localities where they temporarily reside or are stationed. A voter who is currently held in custody or detained or serving the measure of consignment into a compulsory education or compulsory detoxification establishment may have his/her name included in the voter list for election of deputies to the National Assembly and deputies to provincial-level People’s Council of the locality where he/she is held in custody or detained or serving the measure of consignment into a compulsory education or compulsory detoxification establishment.

In particular, an overseas Vietnamese citizen who returns to Vietnam during the period from the time when a voter list is publicly displayed to the time of 24 hours before the polling commences may come to the commune-level People’s Committee to produce his/her passport stating his/her Vietnamese nationality in order to have his/her name included in the voter list and receive a voter card for election of deputies to the National Assembly and deputies to provincial-, district- and commune-level People’s Councils (if he/she produces his/her passport at the registered place of his/her permanent residence) or for election of deputies to the National Assembly and deputies to provincial- and district-level People’s Councils (if he/she produces his/her passport at the registered place of his/her temporary residence).

 

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