Legal Document Updates in English (41/2018)

DECREE NO. 148/2018/ND-CP: NEW PROVISIONS
ON THE WAGE PAID FOR HOLIDAYS
 

On October 24, 2018, the Government issues the Decree No. 148/2018/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 05/2015/ND-CP of January 12, 2015 detailing and guiding a number of provisions of the Labor Code.

One of the highlight contents of this Decree is the provision on wage used as a basis for wage payment to employees on annual leave, additional days of annual leave for seniority, public and New Year holidays and paid leaves for personal reasons.

PRIORITY FIELDS FOR ODA LOAN USE
 

This content is prescribed at the Decree No. 132/2018/ND-CP on amending Decree No. 16/2016/ND-CP dated March 16, 2016  on management and use of official development assistance (ODA) and concessional loans of foreign donors.

In particular, priority fields for ODA loan use include:

- Traffic infrastructure and social infrastructure (healthcare, education, vocational training), smart city development, irrigation;

- Study and implementation of institutional and administrative reform;

- Development of human resources, technology transfer and development;

TO AMEND THE DECREE 116: SHALL NOT INSPECT IMPORTED CARS
BY EACH SHIPMENT
 

On September 26, 2018, the Prime Minister issues the Decision No. 1254/QD-TTg on approving plan of action for promotion of National single-window system, ASEAN single-window system, reform of specialized inspections over imports and exports and trade facilitation for the period of 2018 - 2020.

According to this Plan, the Prime Minister requests the Ministry of Transport to amend and supplement the inspection procedures of imported car to ensure that only vehicles typical for each vehicle type in all shipments instead of each one must be inspected according to the provisions of the Decree No. 116/2017/ND-CP.

With regards to the condition of importing alcohol at the Decree No. 105/2017/ND-CP, the Prime Minister

FROM OCTOBER 01, NOT ALLOW TO IMPORT SCRAP THROUGH CHECKPOINTS
BY ROADS
 

On September 17, 2018, the Prime Minister issues the Directive No. 27/CT-TTg on a number of urgent solutions for enhancement of management of scrap import and use of imported scrap for production purpose.

All solutions in this Directive including:

- From October 01, 2018, scrap importers are not allowed to import scrap into Vietnam through checkpoints by roads or railroads; this information shall be notified through mass media;

- Shall revise the List of scrap permitted for import with the aim of not approving import of scrap that may cause environmental pollution and available scrap;

TO ANNUL THE REGULATION ON MULTIMODAL TRANSPORT
AT THE DECREE NO. 87/2009/ND-CP
 

On October 16, 2018, the Government issues the Decree No. 144/2018/ND-CP on amending and supplementing the Decrees on multimodal transport.

Accordingly, this Decree supplements the scope of adjustment of the Decree No. 87/2009/ND-CP so it includes transport businesses that are engaged in multimodal transport must meet the business conditions in the accordance with the law applicable to each mode of transport.

Moreover, this Decree eliminates the criteria that the enterprise must have a certificate of registration for international multimodal transport business as prescribed in the Decree No. 87/2009/ND-CP.

EACH INSPECTOR SHALL TAKES CHARGE
OF NO MORE THAN 20 VEHICLES/DAY
 

From January 01, 2019, requirements for motor vehicle inspection service business shall follow the Decree No. 139/2018/ND-CP of the Government.

According to the Decree, the number of motor vehicles to be eligible for issue of inspection certificates in a day (within eight working hours) should meet simultaneously following requirements:

- No more than 20 vehicles/day if each inspector takes charge of one vehicle; no more than 20 times the number of inspectors/day (number of inspector multiplying by 20) if more than one inspector takes charge of one vehicle;

- No more than 90 vehicles for one type I inspection line and no more than 70 vehicles for one type II inspection line. If the type II inspection line is only used to inspect a motor

TO SUPPLEMENT THE PROCEDURES FOR ISSUANCE, REISSUANCE
AND INVALIDATION OF LICENSE FOR AIRPORT BUSINESS
 

The Ministry of Transport issues the Circular No. 51/2018/TT-BGTVT on amending a number of Articles of the Circular No. 17/2016/TT-BGTVT dated June 30, 2016 on the management and operation of airports and aerodromes.

This Circular supplements the procedures for license for airport operation. The applicant shall submit an application to the Civil Aviation Authority of Vietnam, whether directly or by post or another appropriate manner and take responsibility for the accuracy and truthfulness of the application. An application includes:

TO ANNUL THE PROVISIONS ON SUBJECTS
TO MAKE NOTIFICATION OF E-COMMERCE WEBSITES
 

On August 20, 2018, the Ministry of Industry and Trade issues the Circular No. 21/2018/TT-BCT on amending a number of Articles of the Circular No. 47/2014/TT-BCT and the Circular No. 59/2015/TT-BCT on the management of e-commerce activities via applications on mobile equipment.

To be specific:

- To annul the provisions on subjects to make notification of e-commerce websites for goods sale at Article 8 of the Circular No. 47/2014/TT-BCT.

- To amend registration subjects of websites for e-commerce service at Article 13 of the Circular No. 47/2014/TT-BCT.

TO ISSUE 03 NATIONAL TECHNICAL REGULATIONS
FOR IMPORTED GLASS SCRAP
 

The Ministry of Natural Resources and Environment issues the Circular No. 09/2018/TT-BTNMT on promulgation of National technical Regulations on environment on September 14, 2018.

This Circular is promulgated with 03 National technical Regulations on environment together, including:

- QCVN 65:2018/BTNMT - National technical Regulation on environment for imported glass scrap for production;

- QCVN 66:2018/BTNMT - National technical Regulation on environment for imported non-ferrous metal scraps for production;

ESTABLISH A “SUPER COMMISSION” MANAGES THE CAPITAL
AT 19 STATE ENTERPRISES
 

On September 29, 2018, the Government issues the Decree No. 131/2018/ND-CP on defining functions, tasks, powers and organizational structure of the Commission for the Management of State Capital at enterprises (CMSC).

This CMSC is a government agency and exercises rights and take on duties as the owner’s representative to wholly State-owned enterprises and State capital invested in joint-stock companies and multi-member limited liability companies.

There are 19 enterprises of which CMSC acts as the owner’s representative, such as the Vietnam Electricity; the Vietnam Oil and Gas Group; the Vietnam National Petroleum Group; the Vietnam Mobile Telecom Services One Member Limited Liability Company, the Vietnam Posts and the Telecommunications Group; the Vietnam National Shipping Lines; the Vietnam National Coffee Corporation…

THE PEOPLE HAVING CRIMINAL CONVICTIONS CAN’T BECOME
AN ELECTRICAL INSPECTOR
 

On October 05, 2018, the Ministry of Industry and Trade issues the Circular No. 31/2018/TT-BCT on amending and supplementing a number of Articles of the Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements.

Accordingly, to supplement requirements for electrical inspectors: Individuals do not have any criminal convictions or have all criminal convictions expunged; do not face any penalties for administrative violations against regulations on electricity.