Legal Document Updates in English (48/2018)

TO INCREASE THE MINIMUM WAGES
FROM JANUARY 01, 2019
 

On November 16, 2018, the Government issues the Decree No. 157/2018/ND-CP providing for region-based minimum wages applied to employees working under labor contracts.

Accordingly, from January 01, 2019, the region-based minimum wages are specified as follows:

- VND 4,180,000/month, for enterprises operating in localities of region I;

- VND 3,710,000/month, for enterprises operating in localities of region II;

- VND 3,250,000/month, for enterprises operating in localities of region III;

On November 12, 2018, the Government issues the Decree No. 155/2018/ND-CP on amendments to some articles related to business conditions under state management of the Ministry of Health.

One of the remarkable contents of this Decree is food safety requirements for the food and beverage establishments. To be specific, those establishments have to fulfill the following criteria:

- The persons who directly produce and trade food must be trained and provided with knowledge on food safety, as well as be authorized by the facility owner and must not contract any of the following diseases during food manufacturing and trading process: cholera, hepatitis A and E, skin infection, tuberculosis and diarrhea epidemic;

The Ministry of Transport issues Circular No. 54/2018/TT-BGTVT on the charge bracket for pilotage, wharf, dock and mooring buoy utilization, container handling and towage services at Vietnamese seaports.

According to this Circular, the charge bracket for container handling and towage services Region I is:

- Charge bracket for domestic container handling services ranges from 120.000 - 940.000 VND/ container, depending on each type of the container and the status of emptiness or loaded;

15 DAYS BEFORE THE OPERATING DATE,
THE ELECTRICITY LICENSE MUST BE OBTAINED
 

The Ministry of Industry and Trade issues the Circular No. 36/2018/TT-BCT on procedures for issuance and revocation of electricity licenses.

According to the new Circular, at least 15 business days before its planned date of official operation, the organization engaging in the electricity industry must submit an application for electricity license which must include all required documents, instead of 30 working days as in the previous provisions.

Applications under the licensing authority of the Ministry of Industry and Trade or the Electricity Regulatory Authority of Vietnam shall be submitted through the online public service portal. Applications under the licensing authority of the Ministry of Industry and Trade or the Electricity Regulatory Authority of Vietnam shall be submitted through the online public service portal.

NOT PROPOSE SPECIAL AMNESTY FOR PERSON
WHO IS CONVICTED OF REBELLION, TERRORISM 

On November 19, 2018, the National Assembly ratifies Law No. 30/2018/QH14 on Special amnesty, within that there are many detailed regulations on condition for being proposed for special amnesty with person who is convicted of offenses against human life, health, dignity and honor or illegal deal in narcotic substances…

Besides some condition such as having well observed regulations and rules of prisons or detention camps; completely served their additional penalties…, in order to be proposed for special amnesty, he/she must served his/her imprisonment term for a period of time.

To be specific: In a case where he/she was sentenced to at least 10 years’ imprisonment for one of offense prescribed in the Chapter “Offenses against human life, health, dignity and honor”

VIETNAM COAST GUARD HAVE THE POWER
TO CHASE VESSELS IN VIOLATION OF LAW AT SEA
 

On November 19, 2018, the National Assembly promulgates the Law No. 33/2018/QH14 on Vietnam Coast Guard. Accordingly, Vietnam Coast Guard is a People’s armed force and a specialized force under the State management, Be put under the ultimate and direct leadership of the Communist Party of Vietnam in all aspects, the domination of the State President, the unified State management of the Government and the direct command and administration of the Minister of Defense.

Vietnam Coast Guard shall implement their actions within the territorial waters of Vietnam such as: 

- Collect information, analyze, evaluate and forecast the situation so as to propose guidelines, solutions and plans for national security protection and law enforcement at sea;

- Defend national sovereignty, sovereign rights, jurisdiction, security, and interests of the state and people; conserve marine resources and environment;

- Strive for the prevention and control of crimes, violations of law, maintenance of security, order and safety at sea; search, rescue and participate in mitigation of marine environmental emergencies…