Legal Document Updates in English (42/2020)

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NUMBER

TITLE

 

In This Updates:

ENTERPRISE

 

ENTERPRISE

1

122/2020/ND-CP

Decree No. 122/2020/ND-CP dated October 15, 2020 of the Government prescribing inter-agency coordination in settlement of procedures for registration of establishment of enterprises, branches and representative offices, declaration of labor use, grant of identification numbers of units participating in social insurance, and registration for use of invoices of enterprises

 

Inter-agency coordination among business registration agencies and other state management agencies

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

2

117/2020/ND-CP

Decree No. 117/2020/ND-CP dated September 28, 2020 of the Government on sanctioning of administrative violations in health sector

 

To fine up to VND 20 million for the act of concealing the COVID-19 infected cases

Page 2

CULTURE – SPORT – TOURISM

 

CULTURE – SPORT – TOURISM

3

2774/QD-BVHTTDL

Decision No. 2774/QD-BVHTTDL dated October 02, 2020 of the Ministry of Culture, Sports and Tourism on organization of propaganda, dissemination and promotion of the intangible cultural heritage of ethnic minority traditional costumes in association with tourism development

 

To propagandize ethnic minority traditional costumes in Quarter IV, 2020

Page 2

POLICY

 

POLICY

4

32/2020/QD-TTg

Decision No. 32/2020/QD-TTg dated October 19, 2020 of the Prime Minister on amending and supplementing a number of articles of the Prime Minister’s Decision No. 15/2020/QD-TTg dated April 24, 2020 providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic

 

To support teachers of people-founded and private education institutions affected by COVID-19

Page 3

5

 

57/2020/QH14

 

Law No. 57/2020/QH14 dated June 16, 2020 of the National Assembly on Youth

 

To hold dialogues with youth at least once a year

Page 3

JUSTICE

 

JUSTICE

6

 

58/2020/QH14

 

Law No. 58/2020/QH14 dated June 16, 2020 of the National Assembly on Mediation and Dialogue at Court

 

5 cases for refusal of mediation or dialogue, replacement of mediators

Page 3

7

56/2020/QH14

Law No. 56/2020/QH14 dated June 10, 2020 of the National Assembly Amending and Supplementing a Number of Articles of the Law on Judicial Assessment

 

To loosen conditions for establishment of judicial expertise offices

Page 4

 

SUMMARY:

 

Ü  ENTERPRISE

INTER-AGENCY COORDINATION AMONG BUSINESS REGISTRATION AGENCIES
AND OTHER STATE MANAGEMENT AGENCIES

On October 15, 2020, the Government promulgates the Decree No. 122/2020/ND-CP prescribing inter-agency coordination in settlement of procedures for registration of establishment of enterprises, branches and representative offices, declaration of labor use, grant of identification numbers of units participating in social insurance, and registration for use of invoices of enterprises.

After granting establishment registration certificates, or when there is a change in the contents of registration, of enterprises, branches or representative offices, business registration agencies shall share with social insurance agencies the information on enterprise registration certificates, operation registration certificates of branches or representative offices. For cases of establishment registration certificate grant, sharing expected total number of employees, business lines, methods of payment of social insurance premiums of the enterprises, branches or representative offices with social insurance agencies is also required.

When enterprises pay social insurance premiums, social insurance agencies shall share information on the number of employees who pay social insurance premiums with

 

business registration agencies for performing the state management of enterprises after establishment registration.

Also, business registration agencies shall share information on the name, identification number, address and at-law representative of an enterprise, the head of a branch or representative office, main business lines and expected total number of employees of the enterprise, branch or representative office established in the locality with the Labor, War Invalids and Social Affairs Division or Labor, War Invalids and Social Affairs Department where the enterprise, branch or representative office is located and with the Ministry of Labor, Invalids and Social Affairs to serve the state management of labor.

In terms of tax, tax offices shall share with business registration agencies the information on identification numbers of enterprises, branches or representative offices, and decentralization of powers to managing tax offices which is automatically generated by the tax registration information system.

This Decree takes effect on October 15, 2020.

Ü  MEDICAL – HEALTH

TO FINE UP TO VND 20 MILLION
FOR THE ACT OF CONCEALING THE COVID-19 INFECTED CASES

The Government issues the Decree No. 117/2020/ND-CP on sanctioning of administrative violations in health sector on September 28, 2020.

Accordingly, a person who provides inaccurate information on the infectious disease according to the content provided by a competent health agency shall be fined from VND 10 million to VND 15 million, and forced to correct untruthful information on mass media in the area previously reported for 03 consecutive days as prescribed by law.

Noticeably, a person who conceals, fails to report or fails to report in time the current state; deliberately gives false information or deliberately spreads agents of group A infectious diseases of himself/herself or of other people shall be fined from VND 10 million to VND 20 million.

 

Besides, a person suffering from group-A infectious diseases who refuses or avoids to take medical isolation and enforcement of medical isolation decided by competent state agencies shall also be fined up to VND 20 million.

In addition, a fine of up to VND 20 million and VND 5 million shall be imposed for the act of threatening to transmit HIV to another person, and displaying more than one pack, one carton or box of one cigarette brand at a cigarette retail agent or store, respectively. An under-18 person drinking liquor or beer, or smoke cigarettes shall be fined up to VND 500,000, etc.

This Decree takes effect on November 15, 2020.

Ü  CULTURE – SPORT – TOURISM

TO PROPAGANDIZE ETHNIC MINORITY TRADITIONAL COSTUMES
IN QUARTER IV, 2020

The Ministry of Culture, Sports and Tourism promulgates the Decision No. 2774/QD-BVHTTDL on organization of propaganda, dissemination and promotion of the intangible cultural heritage of ethnic minority traditional costumes in association with tourism development on October 02, 2020.

Specifically, the Plan aims to effectively implement the Party’s policies and lines, the State’s legal policies in preserving and promoting traditional costumes of ethnic minorities to meet the requirement of "cultural heritage is both a driving force and a goal”, contributing to the sustainable development of the culture of Vietnamese ethnic minorities.

 

In the fourth quarter of 2018, the Ministry shall organize the propaganda, dissemination and promotion of the intangible cultural heritage of traditional costumes in mountainous ethnic minority provinces by ordering news/articles on activities to preserve, disseminate and promote the intangible cultural heritage of ethnic minorities in association with tourism development through traditional brocade weaving craft in printed/electronic newspapers and media (on VOV radio and television).

This Decision takes effect on the signing date.

Ü  POLICY

TO SUPPORT TEACHERS OF PEOPLE-FOUNDED
AND PRIVATE EDUCATION INSTITUTIONS AFFECTED BY COVID-19

On October 19, 2020, the Prime Minister issues the Decision No. 32/2020/QD-TTg on amending and supplementing a number of articles of the Prime Minister’s Decision No. 15/2020/QD-TTg dated April 24, 2020 providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic.

Accordingly, one more group of people affected by COVID-19 pandemic shall be entitled to the support policy, including: Employees working for people-founded and private education institutions, and public education institutions that exercise financial autonomy in terms of frequent expenditures at early childhood, pre-primary, primary, lower secondary and upper secondary level, with no revenue or financial source to pay the salary due to the impact of COVID-19 pandemic.

 

An enterprise or education institution shall make a List of employees temporarily suspended from their labor contracts and taken unpaid leave, and request the grassroots trade unions and social insurance agencies to certify this List.

According to the supplementing and amending provisions, an employer may borrow capital for payment of job-stopping wage for employees if there is having an employee participating in compulsory social insurance that are required to stop working for 01 consecutive month or more during the period from April 01, 2020 to the end of December 31, 2020, instead of having 20% or 30 or more employees who are participating in compulsory social insurance and are required to stop working for 01 consecutive month or more as prescribed in previous provisions.

This Decision takes effect on the signing date.

TO HOLD DIALOGUES WITH YOUTH AT LEAST ONCE A YEAR

This is a new content prescribed in the Law No. 57/2020/QH14 dated June 16, 2020 of the National Assembly on Youth.

Specifically, the Prime Minister and chairpersons of the People’s Committees at all levels shall hold dialogues on youth affairs with youth at least once a year. Persons responsible for holding dialogues with youth under Clause 1 of this Article shall direct the preparation of dialogue plans and programs and publicize them on the portals, websites or at the head offices of their agencies, organizations or units at least 30 days before the date of organizing the dialogues.

March is the Youth Month. The Youth Month shall be organized to promote the spirit of vanguard, voluntariness and creativity of youth for participation in activities in the

 

interest of communities and the society, and mobilizing organizations and individuals to invest in youth development.

In addition, the Law specifies policies on startups with the following contents: To educate and train youth in startup knowledge and skills; To encourage and create a favorable environment for youth’s innovative startups applying science and technology; To provide market information; To provide legal, scientific and technological assistance, investment promotion and human resource development; To provide concessional loans from credit institutions in accordance with law; etc.

This Law takes effect on January 01, 2021.

Ü  JUSTICE

5 CASES FOR REFUSAL OF MEDIATION OR DIALOGUE,
REPLACEMENT OF MEDIATORS

On June 16, 2020, the National Assembly promulgates the Law No. 58/2020/QH14 on Mediation and Dialogue at Court.

Accordingly, a person may be appointed as a mediator if he/she fully meets conditions prescribed by this Law, such as: Having worked as judges, verifiers or clerks of courts, procurators, etc.; Possessing mediation and dialogue experience and skills; Being physically fit to fulfill assigned tasks; Possessing a certificate of further training in mediation and dialogue skills, etc.

Each case of mediation or dialogue shall be conducted by 01 mediator. The suer or requester shall select a mediator from the list of mediators of the court with jurisdiction to settle the case and shall notify the mediator’s full name and address to such court.

 

Besides, the Law provides that a mediator shall refuse when selected or designated, or be replaced in one of the following cases: Being a person with interests and obligations related to the case of mediation or dialogue; There are evident grounds to believe that the mediator may be neither impartial nor objective in the performance of his/her tasks; The parties replace the designated mediator and agree to select another mediator; The mediation or dialogue cannot be conducted because of a force majeure event or an external obstacle; He/she is relieved from duty or dismissed.

In addition, the time limit for mediation or dialogue is 20 days from the date the mediator is designated; for complicated cases, this time limit can be extended up to 30 days at most. The parties may agree to extend the time limit for mediation or dialogue up to 02 months at most.

This Law takes effect on January 01, 2021.

TO LOOSEN CONDITIONS FOR ESTABLISHMENT OF JUDICIAL EXPERTISE OFFICES

This new provision is passed by the National Assembly in the Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment, No. 56/2020/QH14 dated June 10, 2020.

To be specific: to provide 04 more cases in which a judicial expert assessor shall be relieved from duty, including:

Firstly, he/she has a retirement or resignation decision, unless he/she has a document expressing his/her aspiration to continue carrying out judicial assessment activities and his/her managing agency or organization wishes to continue employing him/her in accordance with law;

Secondly, he/she changes his/her working position or is transferred to another agency or organization that no longer has appropriate conditions for judicial assessment;

Thirdly, he/she so requests. In case he/she is a civil servant, public employee, army officer, people’s public security

 

officer, professional soldier or defense worker, his/her managing agency’s approval is required;

Fourthly, he/she is appointed to establish a judicial assessment office but fails to establish such an office after 01 year from the date of being appointed or fails to register its operation after 01 year from the date of obtaining a decision permitting the establishment of a judicial assessment office.

Noticeably, the conditions for establishment of judicial expertise offices are also loosened. Accordingly, a judicial expert just needs to have worked as a judicial expert assessor for at least 03 full years and have carried out expert assessment activities in the field in which he/she wishes to establish a judicial assessment office, instead of at least 05 full years as in previous regulations.

This Law takes effect on January 01, 2021.

 

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