Legal Document Updates in English (43/2018)

NEW PROVISION ON ADJUSTMENT OF PENSION FOR FEMALE EMPLOYEES
 

On November 07, 2018, the Government issues the Decree No. 153/2018/ND-CP prescribing the adjustment of pension for female employees who start to receive pension between 2018 and 2021 and have paid social insurance premiums for from full 20 years to 29 years and 06 months.

The adjustment level shall be determined by multiplying the pension applicable at the time a female employee starts to receive pension prescribed in the 2014 Law on Social Insurance by the adjustment rate corresponding to the period of social insurance premium payment and the time of starting to receive pension.

To be specific:

- If female employees retire in 2018, the highest rate of adjustment is 12.3%, the lowest rate is 1.08%

ENTERPRISES MUST CONDUCT SELF-INSPECTION OF COMPLIANCE WITH THE LABOR LAW
 

The Circular No. 17/2018/TT-BLDTBXH on providing for self-inspection of compliance with the labor law performed by enterprises is issued by the Ministry of Labor, War Invalids and Social Affairs on October 17, 2018.

This Circular demands that the employer must conduct self-inspection in compliance with the labor law performed in his/her facility at least once a year in order to evaluate the compliance with the labor law and work out methods for enhancement of law soft compliance.

EMPLOYERS MUST DISCLOSE THE SOCIAL INSURANCE, HEALTH INSURANCE PREMIUMS

The Decree No. 149/2018/ND-CP on detailing Clause 3, Article 63 of the Labor Code regarding the implementation of regulations on grassroots democracy at workplace is issued by the Government on November 07, 2018.

This Decree requires the employers to disclose the 07 following contents:

- Payment of trade union dues and social insurance, health insurance and unemployment insurance premiums;

- Setting-up and use of commendation funds, welfare funds and funds (if any) with contributions from employees;

- Implementation of regulations on emulation, commendation, disciplining, and settlement of complaints

ONE MORE CASE IS GUARANTEED INVESTMENT INCENTIVES
 

On August 28, 2018, the Ministry of Finance issues the Circular No. 81/2018/TT-BTC on amending and supplementing the Ministry of Finance’s Circular No. 83/2016/TT-BTC of June 17, 2016, guiding the application of investment incentives in accordance with the Law on Investment and the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Law on Investment.

This Circular supplements one case of business investment guarantee in accordance with Article 3 of the

TRAINING PROGRAMS FOR HEALTHCARE OFFICERS BY TRAINING AND RESEARCH INSTITUTIONS

The Ministry of Health issues the Circular No. 26/2018/TT-BYT on the provision of title-based refresher training programs for healthcare officers by training and research institutions on October 25, 2018.

In particular, this Circular states that training institutions are allowed to provide certain refresher training programs such as:

- Universities providing bachelor's degree or higher courses in healthcare disciplines and healthcare service providers of special rank are allowed to provide title-based refresher training programs for Rank-I, Rank-II, Rank-III or Rank-IV healthcare officers.

TO ABROGATE THE LIMITED AGE WITH DIRECTORS OF FOREIGN LANGUAGE CENTERS

On August 24, 2018, the Ministry of Education and Training issues the Circular No. 21/2018/TT-BGDDT on promulgating the Regulation on organization and operation of foreign language and computer training centers.

The highlight content of this Circular is abrogating the provision: Directors of foreign language and computer training centers must not be over 65 years old. Accordingly, directors of foreign language and computer training centers must meet the following standards:

- Having good personal records;

- Having management capacity;

- Having graduated from a foreign language university or graduated from another university and possessing a foreign language certificate of level 3 or higher level for directors of foreign language centers;

POSTAL SERVICE PROVIDERS HAVE TO DECLARE THE QUALITY STANDARD OF PUBLIC POSTAL SERVICES
 

This is a remarkable content in the Circular No. 14/2018/TT-BTTTT on providing for management of postal service quality issued by the Ministry of Information and Communications on October 15, 2018 and takes effect on December 01, 2018.

In this Circular, the Ministry has states that the postal service quality shall decide the methods for internal control and manage service quality as well as carry out self-inspection of postal services for the purpose of quality assurance.

The Ministry of Information and Communications shall carry out annual postal service quality inspection nationwide. The inspection decision must be sent to the service provider at least 07 working days before the inspection.

TO GRANT MARKET INSPECTION CARDS TO THE MARKET SURVEILLANCE OFFICER
 

The Circular No. 33/2018/TT-BCT on prescribing market inspection cards is issued by the Ministry of Industry and Trade on October 08, 2018.

Accordingly, document requirements for initial issuance of cards for the market surveillance officer include:

- Application form for the initial issuance of a card;

- List of applicants by using the form given in the Appendix No.1 to this Circular;

- An officer’s application form for the initial issuance of a card by using the form given in the Appendix No. 2 to this Circular, which obtains the attestation of the Director of the provincial-level Market Surveillance Department or the

TO APPROVE THE SCHEME TO DEVELOP OCEAN FISHING
 

On August 17, 2018, the Prime Minister issues the Decision No. 1047/QD-TTg on approving the Scheme to develop ocean fishing and send fishermen to fish marine products in some foreign waters.

To be specific:

On the viewpoints and the objectives of the Scheme:

In the period toward 2020: Organize the pilot model in three provinces of Quang Ngai, Tien Giang and Ba Ria-Vung Tau and send on a pilot basis enterprises and fishermen to fish, purchase, preliminarily process, process and sell aquatic products and practice aquaculture in some countries that have signed fisheries cooperation agreements with Vietnam, including Brunei, Papua New Guinea and Micronesia.

In the 2030-2025 period: Expand the fishing partnership chain to Binh Dinh, Khanh Hoa, Binh Thuan, Ben Tre, Kien