Legal Document Updates in English (40/2018)

BY 2022, FOREIGN EMPLOYEES MUST CONTRIBUTE 8% OF COMPULSORY SOCIAL INSURANCE

On October 15, 2018, the Government issues the Decree No. 143/2018/ND-CP on elaborating on Law on Social Insurance and Law on Occupational safety and Health regarding compulsory social insurance for employees who are foreign nationals working in Vietnam.

Employees who are foreign nationals working in Vietnam shall be entitled to the following compulsory social insurance benefits: Sickness, maternity, occupational accident, disease, retirement and death insurance benefits.

Accordingly, from January 01, 2022, the foreign employees shall on a monthly basis, make a social insurance contribution accounting for 8% of his/her monthly pay to the retirement and death benefit fund. The employee who neither works nor receives salaries or wages for a period of at least 14 working days in each month shall not be bound to pay the social insurance contribution in that month; this

FARMERS MAY BORROW A LOAN UP TO VND 200 MILLION WITHOUT COLLATERAL
 

The Decree No. 116/2018/ND-CP on amending a number of articles of the Decree No. 55/2015/ND-CP on credit policies for agricultural and rural development is issued on September 07, 2018 by the Government.

This Decree raises the amount of loan for individuals, households engaged in production and business activities in the field of agriculture. To be specific:

- Individuals and households residing in rural areas may borrow a loan without collateral from credit institutions, which must not exceed VND 200 million (VND 100 million as in the previous provision);

TO STUDY, IMPROVE THE LEGAL FRAMEWORK ON DEBT TRADING BY ENTERPRISES
 

On August 21, 2018, the Ministry of Industry and Trade issues the Circular No. 22/2018/TT-BCT on providing guidance on pilot auctions for sugar import quotas in 2018.

This Circular prescribes, the amount of imported sugar to be auctioned according to tariff quotas in 2018 shall be 94,000 tons.

The auction of sugar import quotas in 2018 shall be conducted under the control of the Board of pilot auction which is established by the Ministry of Industry and Trade.

BY 2020, TAN SON NHAT INTERNATIONAL AIRPORT SHALL RECEIVE 50 MILLION PASSENGERS/YEAR

The Ministry of Transport has approved adjustment to detailed planning on Tan Son Nhat International Airport by 2020, with orientation towards 2030 in the Decision No.  1942/QD-BGTVT dated August 31, 2018.

According to the detailed Planning, by 2020, Tan Son Nhat International Airport shall be upgraded to Level 4E Airport and level I military air base with 106 aircraft stands. Passenger capacity is expected to achieves 50 million passengers/year and cargo capacity up to 0.8 - 1 million ton/year.

Besides, Airport supporting works also be approved in the plan, such as:

- The emergency fire station with the land area of 03ha;

LIST OF POTENTIALLY UNSAFE COMMODITIES IN THE FIELD OF TRANSPORT

List of potentially unsafe commodities under the management of the Ministry of Transport is prescribed by the Ministry of Transport in the Circular 41/2018/TT-BGTVT.

Some of the potentially unsafe commodities are road vehicles, such as: Bus (for the transport of 10 or more persons, including the driver); Passenger cars; Ambulances; Motorcycles (including those with side-cars); Mopeds; Electric bicycles; Motored bicycles…

Potentially unsafe rail transport vehicles are: Diesel-electric locomotives; Diesel-electric locomotives; Passenger coaches, not self-propelled; power generation coaches;

HE KINDERGARTEN IN URBAN MUST HAVE AVERAGE AREA AT LEAST 08M²/ A CHILD
 

This is one of the highlight contents prescribed in the Decree No. 135/2018/ND-CP of the Government on amending and supplementing the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for educational investment and operation.

Accordingly, the kindergarten, preschool or nursery school must be located within the precincts of a residential zone in compliance with regulations on safety and environmental sanitation.

In term of acreage, the average area of project site must be at least 12m² per a child in lowland, delta and midland regions; 08m² per a child in municipal, urban, mountainous and island regions.

For independently-run nursery groups or preschool classes, there are some requirements such as: teachers satisfying

PROFESSOR MUST HAS AT LEAST 03 SCIENTIFIC PAPERS IN INTERNATIONAL JOURNAL

On August 31, 2018, the Prime Minister issues the Decision No. 37/2018/QD-TTg on standards and procedures for consideration of recognition of accreditation and appointment to professor or associate professor title; procedures for cancellation of recognition and removal of professor or associate professor title.

Accordingly, besides some general standards, professors must meet other requirements such as:

- Have been assigned the title of associate professor for full 03 years or more;

- Assume the prime responsibility for, or participate in, the formulation and development of programs of training and fostering from universities or higher levels or scientific and technological tasks in line with the branch or specialty of science;

- The applicant is the principal author who publishes at least 03 scientific papers or patents; utility solution in international

THERE ARE 2497 MAJOR ENERGY USERS IN 2017

On September 21, 2018, the Prime Minister issues the Decision No. 1221/QD-TTg on promulgating List of major energy users in 2017.

Accordingly, there are 2497 major energy users in 2017. Within that, there are 2003 facilities that produce industrial production; 09 facilities that produce agricultural production; 58 transport facilities; 427 buildings. In particular, provinces, cities that have the most major energy users conclude:

- Ho Chi Minh city: 302 facilities;

- Hanoi: 288 facilities;

06 ENTITIES RECEIVED 100% FINANCIAL SUPPORT FOR USE OF PUBLIC IRRIGATION SERVICES
 

This is one of the highlight contents prescribed in the Decree No. 96/2018/ND-CP dated June 30, 2018 on providing guidelines for prices of irrigation products and services and financial support for use of public irrigation products and services.

Accordingly, 06 entities received 100% financial support using public irrigation products and services are:

- Households and individuals using agricultural land for cereal production;

- Poor households and individuals leased out agricultural land by the State;

- Households and individuals using land for salt production;

- Households and individuals using agricultural land within a limit for growing vegetables and young rice; long-term industrial crops, short-term industrial crops including winter crops; fruit trees; flowers; medicinal plants; aquaculture, husbandry;

DISMISSED JUDGE IS NOT ENTITLED TO EXEMPTION FROM LAW TRAINING

The Decree No. 137/2018/ND-CP on amending and supplementing a number of articles of the Decree No. 123/2013/ND-CP of October 14, 2013 detailing a number of articles of, and measures to implement, the Law on Lawyers is issued on October 08, 2018 by the Government with many noticeable contents.

Firstly, this Decree supplements case that is not entitled to exemption from law training or exemption from or reduction of the law practice probation duration. Specifically, these are persons who have been criminally handled or disciplined and dismissed from the title of judge, procurator, investigator, inspector or verifier; deprived of the title of officer of the People's Public Security Force or deprived of the rank of the People's Army officer; deprived of the title of professor or associate professor of law…