Legal Document Updates in English (46/2013)

TO HANDLE INVALID LABOR CONTRACT OF PROHIBITED JOBS REGULATED BY THE LAW

On October 25, 2013, the Circular Ministry of Labor, War Invalids and Social Affairs issued Circular No. 30/2013/TT-BLDTBXH, guiding the implementation of a number of articles of the Government’s Decree No. 44/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor contracts.
Accordingly, the remarkable content focuses on handling invalid labor contract of prohibited jobs regulated by the law. In case of failing to enter into new labor contracts with employees when labor contracts are declared to be wholly invalid as because the contractual jobs are banned by law, The employer shall pay to the employee an amount of money as agreed by the two parties, which must be at least equal to one monthly minimum wage applicable to the locality where the employer’s production and business establishment, unit or branch at which the employee is working.
In case the employee has worked for the employer for full 12 months or more under other previous labor contracts but not yet received severance allowances or job-loss allowances from the employer, in addition

to the amount payable to the employee specified in Clause 1 of this Article, the employer shall pay severance allowances  in accordance with law for the period the employee has worked  under these previous labor contracts.
Also in this Circular, the term of a labor contract signed with a foreigner hired to work as director may be determined by the two parties, which ranges from full 12 months to 36 months but must not exceed the validity duration of the work permit granted by a competent state agency. The employer and a foreigner hired to work as director may agree to extend the labor contract once through signing an annex thereto but the extended duration must not exceed 12 months. Past the extended duration, the two parties shall enter into a new labor contract. The extended duration of a labor contract signed with a foreigner hired to work as director must not exceed the validity duration of his/her work permit granted by a competent state agency.
This Circular takes effect on December 10, 2013.

FINE UP TO VND 15 MILLION FOR DECLARING THE BUSINESS REGISTRATION DOSSIER INACCURATELY

The Government issues the Decree No. 155/2013/ND-CP dated November 11, 2013 stipulating the sanctioning of administrative violations in the field of planning and investment. One of the most significant points is the regulation on sanctions for acts of administrative violations in the field of business registration by enterprises, business households, cooperatives and cooperative unions.
Specifically, a fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for acts of declaring untruthfully and inaccurately when making business registration of enterprise; registration of changes in the business registration contents; registration of operation of branches, representative offices, business spot, and registration of business dissolution. A fine of between VND 1,000,000 and VND 2,000,000, between VND 10,000,000 and VND 20,000,000, and between VND 25,000,000 and VND 30,000,000 respectively shall be imposed on organizations having acts of failing to disclose or improperly

VESSELS CONDUCT PASSAGE THROUGH VIETNAM’S TERRITORIAL SEA SHALL FLY THE NATIONAL FLAG OF VIETNAM

On October 30, 2013 the Government issued Decree No. 146/2013/ND-CP on announcement of sea lanes and traffic separation in the territorial sea of Vietnam.
Accordingly, when passing through the territorial sea of Vietnam, vessels shall fly the national flag of Vietnam on the top of the highest mast, run constantly and fast and fully observe related provisions of Vietnamese law and the 1982 United Nations Convention on the Law of the Sea, unless they suffer marine incidents, force majeure events or accidents or they rescue people, vessels or airplanes in distress.
Captains of vessels that pass through the territorial sea of Vietnam without entering the internal waters of Vietnam shall notify maritime administrations of the regions these vessels pass through via appropriate communication devices. Contents of a notice includes: Name, flag state, call sign and IMO number of the

TO SUPPORT TUITION FEES  OF MAXIMUM 6 MONTHS FOR EMPLOYEE ON UNEMPLOYMENT ALLOWANCES

On October 3, 2013, the Prime Minister issued Decision No. 55/2013/QD-TTg, providing levels of vocational training support for employees on unemployment allowance.
Accordingly, for an employee attending a vocational training course for up to 3 months: The maximum level of support is VND 3,000,000/employee/course and for an employee attending a vocational training course for over 3 months: The maximum level of support is VND 600,000/employee/month. The duration

CONDITIONS FOR USING FOREIGN DIGITAL CERTIFICATES BEING ACCEPTED IN VIETNAM

On November 13, 2013, the Government issued Decree No. 170/2013/ND-CP on amending and supplementing several articles of Government’s Decree No. 26/2007/ND-CP dated February 15, 2007, detailing implementation of Law on E-transaction of digital signatures and digital signatures certification service and Government’s Decree No. 106/2011/ND-CP dated November 23, 2011, amending and supplementing several articles of Decree No. 26/2007/ND-CP dated February 15, 2007.
Accordingly, foreign organizations are granted certificates of recognition of foreign organizations providing certification service of digital signatures as meeting the following conditions: Subscribers using foreign digital certificates being accepted in Vietnam; foreign organizations providing certification service of digital signature with digital certificates being accepted in Vietnam in international transactions, the organizations must be established and operated legally at the country that the organization providing certification service of digital signatures registering for operation; the organizations must satisfy the list of applicable mandatory standards regarding digital signatures and certification service of digital signatures

REGIMES APPLIED FOR FOREIGNER UNDER EXPULSION FROM VIETNAM

On October 2, 2013, the Government issued Decree No. 112/2013/ND-CP providing the sanction of expulsion and the measures of temporary custody and escorted transfer of violators according to administrative procedures, and management of foreign violators of the Vietnamese law pending the completion of expulsion procedures.
Accordingly, the remarkable content newly regulates the regimes of food, clothing, medical examination and treatment, meeting, physical exercise, sports… for expelled foreigners pending the completion of expulsion procedures. Concretely, expelled foreigners will be arranged to stay in a gender-based collective room, with a lying area of at least 3 m2 per person, a toilet, mats, blankets and mosquito nets; they are also allowed to do physical exercise, play sports and take part in healthy cultural and art performance activities within the premises of these facilities; they may meet their spouses in separate rooms within the accommodation facilities once a week, each lasting no more than 24  (twenty-four) hours if they properly observe internal regulations of the accommodation facilities…

STORAGE PLACES FOR SEIZED OR CONFISCATED MATERIAL EVIDENCES MUST SATISFY ENVIRONMENTAL PROTECTION CONDITIONS

On October 3, 2013,  the Government promulgated Decree No. 115/2013/ND-CP providing the management and preservation of administrative violation material evidences and vehicles which are temporarily seized or confiscated according to administrative procedures. Remarkable contents provide regulations on temporary storage places for temporarily seized or confiscated material evidences and vehicles, which must ensure fire and explosion prevention and fighting and satisfy environmental protection conditions defined by the Ministry of Public Security.
Simultaneously, the Decree also raise responsibility of those who manage and preserve temporarily seized or confiscated material evidences and vehicles. Accordingly, persons issuing decisions on temporary seizure or confiscation of material evidences and vehicles shall manage and preserve temporarily seized or confiscated material evidences and vehicles.  In case material evidences and vehicles are lost, sold, fraudulently exchanged, damaged or have their parts lost or replaced, persons issuing decisions on temporary seizure or confiscation of material evidences and vehicles shall pay