Legal Document Updates in English (47/2017)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

141/2017/ND-CP


Decree No. 141/2017/ND-CP dated December 07, 2017of the Government providing for region-based minimum wages applied to employees working under labor contracts

 

* From 2018, to increase region-based minimum wages by 6.5%

Page 2

FINANCE – BANKING  

 

FINANCE - BANKING

2

2061/QD-BTC


Decision No. 2061/QD-BTC dated October 13, 2017 of the Ministry of Finance on application of pilot automatic customs management and supervision of exports, imports and goods in transit at Noi Bai international airport

 

* Pilot automatic customs management of exported and imported goods at Noi Bai international airport

Page 2

3

13/2017/TT-NHNN

Circular No. 13/2017/TT-NHNN dated September 29, 2017 of the State Bank of Vietnam on amending the Circular No. 07/2015TT-NHNN dated June 25, 2015 by the Governor of the State Bank of Vietnam on bank guarantee

 

* Guarantee for sale or hire-purchase of off-plan houses

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

5292/QD-BYT


Decision No. 5292/QD-BYT dated November 24, 2017 of the Ministry of Health on promulgating the pilot plan for assays to estimate HIV incidence in certain provinces and cities in Vietnam

 

* Pilot plan to estimate HIV incidence in 06 provinces and cities

Page 3

ORGANIZATIONAL STRUCTURE

 

ORGANIZATIONAL STRUCTURE

5

11/2017/TT-BNNPTNT

Circular No. 11/2017/TT-BNNPTNT dated May 29, 2017 of the Ministry of Agriculture and Rural Development on amending a number of Articles of legislative documents relating to functions and tasks of units affiliated to the Ministry of Agriculture And Rural Development

 

* To change the responsibilities of the Department of Animal Health

Page 3

 

SUMMARY:

Ü  LABOR - SALARY            


FROM 2018, TO INCREASE REGION-BASED MINIMUM WAGES BY 6.5%

The Decree No. 141/2017/ND-CP providing for region-based minimum wages applied to employees working under labor contracts issued by the Government on December 07, 2017.

Region-based minimum wages includes for enterprises located in region I: VND 3,980,000/month; for enterprises located in region II: VND 3,530,000/month; for enterprises located in region III: VND 3,090,000/month; for enterprises

 

located in region IV: VND 2,760,000/month. Within that, the region-based minimum wages are in turn VND 3,750,000/month;  VND 3,320,000/month; VND 2,900,000/month; VND 2,580,000/month.

This Decree takes effect on January 25, 2018; above region-based minimum wage herein shall be applied as of January 01, 2018.

Ü   FINANCE – BANKING       


PILOT AUTOMATIC CUSTOMS MANAGEMENT OF EXPORTED AND IMPORTED GOODS
AT NOI BAI INTERNATIONAL AIRPORT

On October 13, 2017, the Ministry of Finance issued the Decision No. 2061/QD-BTC on application of pilot automatic customs management and supervision of exports, imports and goods in transit at Noi Bai international airport.

The pilot project is applicable to exports, imports and goods in transit whose export border checkpoint (loading place specified in the export declaration) or import border checkpoint (unloading place specified in the import declaration) is Noi Bai international airport under the management of Department of Customs of Ha Noi. The project duration shall be from October 16, 2017 to the time when the Circular on amendments to the Circular No. 38/2015/TT-BTC dated March 25, 2015 comes into force.

 

In accordance with this Decision, goods are allowed to be sent to an air freight terminal such as exports that have gone through customs procedures and are confirmed to be eligible for delivering to customs controlled areas by the electronic system of the customs authority; imports that have not gone through customs procedures, are unloaded from inbound vehicles and sent to air freight terminals pending customs procedures; exports that are being stored in air freight terminals; imports that are being stored in air freight terminals and have their eligibility for being released from customs controlled areas confirmed in a notification sent to the trader of air freight terminals by the customs authority; customs management and supervision of goods in transit are similar to those of exports and imports.

This Decision takes effect on October 16, 2017.


GUARANTEE FOR SALE OR HIRE-PURCHASE OF OFF-PLAN HOUSES

At the Circular No. 13/2017/TT-NHNN dated September 29, 2017 of the State Bank of Vietnam on amending the Circular No. 07/2015TT-NHNN dated June 25, 2015 by the Governor of the State Bank of Vietnam on bank guarantee.

A guarantee for sale or hire-purchase of off-plan houses (hereinafter referred to as the “guarantee for off-plan houses”) is considered as a bank guarantee whereby the commercial bank undertakes to act on behalf of the investor to fulfill their financial obligations to the purchaser or the hire-purchaser (hereinafter referred to as the “purchaser”) in the event the investor fails to transfer the house to the purchaser on the agreed-upon schedule without returning or insufficiently returning payment sums and others paid according to the signed contract for purchase or hire-purchase of house to the purchaser. The investor must take on their debt obligations and repay the commercial bank.

A commercial bank is capable of giving guarantees for off-plan houses if its license for establishment and operation, or the document stating any amendment or modification to this license includes bank guarantee operations; and it is not prohibited from giving guarantees for off-plan house while it is under a special control. The State Bank of

 

Vietnam shall publish the list of commercial banks capable of giving guarantees for off-plan houses in each period on its website.

Also in accordance with this Circular, within 10 working days from the signing date of the contract for purchase or hire-purchase of house which stipulates the investor's obligations to return payment sums and others received from the purchaser to the purchaser in the event the investor fails to transfer the house to the purchaser on the agreed-upon schedule, the investor must send such contract for purchase or hire-purchase of house to the commercial bank; within 5 working days from the receipt of the contract for purchase or hire-purchase of house, the commercial bank shall base on the received contract for purchase or hire-purchase of house and the guarantee agreement to make and send the guarantee commitment to the purchaser's address; and a guarantee commitment shall be valid from the issued date and remain valid at least 30 days after the date of house being transferred to the purchaser as agreed upon in the contract for purchase or hire-purchase of house.

This Circular takes effect on November 15, 2017.

Ü  MEDICAL - HEALTH   


PILOT PLAN TO ESTIMATE HIV INCIDENCE
IN 06 PROVINCES AND CITIES

“The pilot plan for assays to estimate HIV incidence in certain provinces and cities in Vietnam” is issued by the Ministry of Health on November 24, 2017 at the Decision No, 5292/QD-BYT launched in 06 provinces and cities: Hanoi, Ho Chi Minh, Thanh Hoa, Nghe An, Dien Bien, and Son La during 2017 – 2019.

The Objective of this plan is to Study the application of HIV incidence test kits in Vietnam via 5 activities: Evaluate the characteristics of test kits at HIV national reference laboratory; Estimate HIV incidence rates in groups of HIV-positive people in 6 provinces: Hanoi, Ho Chi Minh City, Dien Bien, Son La, Thanh Hoa and Nghe An; Determine HIV incidence test kits in the sentinel surveillance program

.

 

in 20 provinces participating in HSS/HSS+; Verify if HIV incidence test kits used in the system of surveillance of HIV epidemiology in Vietnam are feasible (From 01 – December, 2018); and apply the HIV incidence results in the preventive, surveillance, and evaluation program (From June – December, 2019).

Within that, Estimate HIV incidence rates in groups of HIV-positive people  must follow the rule that the sample which is known positive with HIV by the third algorithm will be thereafter checked by the fourth algorithm to determine whether it is recent infection (within 6 months) or long-term infection.

This Decision takes effect on the signing date.

Ü  ORGANIZATIONAL STRUCTURE    


TO CHANGE THE RESPONSIBILITIES OF
THE DEPARTMENT OF ANIMAL HEALTH

 

On May 29, 2017, the Ministry of Agriculture and Rural Development issued the Circular No. 11/2017/TT-BNNPTNT on amending a number of Articles of legislative documents relating to functions and tasks of units affiliated to the Ministry of Agriculture And Rural Development.

In accordance with this Circular, the Department of Animal Health shall receive documents about assurance of food safety and quality of registered exporters of animal source foods from the competent authority of the exporting country; exchange information and reach an agreement on the inspection plan with the competent authority of the exporting country and request the Ministry to issue the decision on establishment of the Vietnam’s Inspectorate charged with carrying out inspection in the exporting country; publish the list of exporters of animal source foods

 

(of the exporting country) that are eligible for food safety assurance and those that are suspended from export to Vietnam; inform and warn competent authorities of exporting countries of shipments failing to meet food safety requirements and request them to uncover reasons and take remedial measures. In previous regulations, the National Agro Forestry, Fisheries Quality Assurance Department is responsible for these duties.

Besides, the Department of Animal Health  shall prepare and request the competent authorities of exporting countries to complete a questionnaire before an inspection is carried out in exporting countries; submit annual or unscheduled (upon request) reports on inspection of food safety of imported animal source foods to the Ministry.

This Circular takes effect on July 18, 2017.

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