Legal Document Updates in English (49/2015)

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NUMBER

TITLE

 

In This Updates:

LABOR – SALARY

 

LABOR - SALARY

1

63/2015/QD-TTg

Decision No. 63/2015/QD-TTg dated December 10, 2015 of the Prime Minister on policy on assistance in vocational training and job search for workers whose land is withdrawn by the State

 

Job search for workers whose land is withdrawn by the State

Page 2

INVESTMENT

 

INVESTMENT

2

12/2015/TT-BKHDT

Circular No. 12/2015/TT-BKHDT dated October 27, 2015 of the Ministry of Planning and Investment guiding on professional regulation for judicial expertise activities; procedures for appointment of judicial expertise participants and establishment of judicial expertise council in the field of planning and investment

 

Guidance on establishment of judicial expertise council in the field of planning and investment

Page 2

EXPORT – IMPORT

 

EXPORT - IMPORT

3

31/2015/TT-BTTTT


Circular No. 31/2015/TT-BTTTT dated October 29, 2015 of the Ministry of Information and Communications guiding a number of articles of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government on the export and import of used information technology products

 

Imports of used laptops and mobile phones are banned

Page 2

MEDICAL – HEALTH

 

MEDICAL - HEALTH

4

36/2015/TT-BYT

Circular No. 36/2015/TT-BYT dated October 29, 2015 of the Ministry of health on amending a number of Articles of the Circular No. 40/2014/TT-BYT dated November 17, 2014 on issuing and guiding the implementation of the List of modern medicines covered by health insurance

 

Supplement the implementation of the List of modern medicines covered by health insurance

Page 3

INDUSTRY

 

INDUSTRY

5

2068/QD-TTg

Decision No. 2068/QD-TTg dated November 25, 2015 of the Prime Minister approving the development strategy of renewable energy of Vietnam by 2030 with a vision to 2050

 

Free the Enterprise Income Tax for the development strategy of renewable energy

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY


JOB SEARCH FOR WORKERS WHOSE LAND IS WITHDRAWN BY THE STATE
 

The Prime Minister has just signed the Decision No. 63/2015/QD-TTg dated December 10, 2015 of the Prime Minister on policy on assistance in vocational training and job search for workers whose land is withdrawn by the State.

At the Decision, the Prime Minister emphasizes that Households and individuals whose agricultural land is withdrawn shall be compensated in cash, calculated based on the area of the withdrawn plot and whose residential land used for business is withdrawn must move to other

 

places receive the assistance within 05 years from the day on which the Decision on land withdrawal is issued.

Accordingly, a worker whose land is withdrawn shall receive assistance in vocational training as elementary training course with the duration of 3 months or less; vocational schools or 3-year colleges: the worker shall receive funding for the tuition fee of the course. The worker shall take a concessional loan for students and concessional loans from the National Employment Funds under Vietnam law…

This Decision takes effect on February 01, 2016.

Ü FINANCE - BANKING


GUIDANCE ON ESTABLISHMENT OF JUDICIAL EXPERTISE COUNCIL
IN THE FIELD OF PLANNING AND INVESTMENT
 

On October 27, 2015, the Ministry of Planning and Investment issued the Circular No. 12/2015/TT-BKHDT guiding on professional regulation for judicial expertise activities; procedures for appointment of judicial expertise participants and establishment of judicial expertise council in the field of planning and investment.

In accordance with regulations in this Circular, the judicial expertise dossier shall be made by the judicial expertise performer; such dossier shall include the expertise solicitation decision, the written request for expertise; the written record of handover and receipt of the dossier and object of solicited or requested expertise; expertise photos (if any); previous expertise conclusion or result of the expertise test or experimentation performed by another person (if any) and other documents related to the expertise process and the judicial expertise conclusions.

 

Also in accordance with this Circular, if having difference between the result of the initial expertise and that of the second one of the same content, the Judicial expertise council in the field of planning and investment is established as, organization and Personnel Department shall preside over and cooperate with Legal Department in choosing judicial expertise performers for specific cases according to the content of expertise solicitation, completing the expertise dossier and submitting it to the Minister for decision on establishment of the Council; the Judicial expertise council shall include at least 03 members who are specialized and experienced in the field subject to expertise and the Judicial expertise council shall operate by collective expertise mechanism.

The Circular takes effect on December 15, 2015.

Ü EXPORT - IMPORT


IMPORTS OF USED LAPTOPS AND MOBILE PHONES ARE BANNED
 

This is the content prescribed at the Circular No. 31/2015/TT-BTTTT dated October 29, 2015 of the Ministry of Information and Communications guiding a number of articles of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government on the export and import of used information technology products.

In accordance with the Circular, used information technology products such as: Laptops including notebooks, subnotebooks and tablet PC, microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets, color digital printers or photocopy machines that are imported shall comply with law provisions on printing. Used monochrome digital photocopy machines incorporating

 

printing function or other utility that are imported are banned from import.

For the cases of permitting the import of articles on the List for scientific research (including: being the target of scientific research; being samples for the design, research and development of products and testing in production activities). The application shall include documents proving legal status (Enterprise registration certificate, or the Establishment decision/license, or Investment certificate/license), ID cards/passports: a certified true copy (or a copy enclosed with the original copy for comparison); an application form for import; the description of the product and other relevant documents.

This Circular takes effect on December 15, 2015 and replaces Circular No. 11/2012/TT-BTTTT dated July 17, 2012.

Ü MEDICAL - HEALTH


SUPPLEMENT THE IMPLEMENTATION OF THE LIST OF MODERN MEDICINES
COVERED BY HEALTH INSURANCE
 

The Ministry of Health has just issued the Circular No. 36/2015/TT-BYT dated October 29, 2015 of the Ministry of health on amending a number of Articles of the Circular No.  40/2014/TT-BYT dated November 17,  2014 on issuing and guiding the implementation of the List of modern medicines covered by health insurance.

Within that, the most important supplementation is on medicines on List of modern medicines covered by health insurance. Accordingly, any medicine that contains multiple active ingredients, one of which is subject to certain conditions or prescriptions for payment, then such medicine shall be paid according to the active ingredient subject to conditions/prescriptions for payment.  Any medicine that contains multiple active ingredients, two or more of which is subject to certain conditions for payment, all the limits of conditions and prescriptions for payment shall be concurrently applied.

 

Besides, the Circular also emphasizes that the health insurance shall pay 100% charges for  a patient with cancer is treated with Pegylated liposomal Doxorubicin (injectable form); Erlotinib (oral form); Gefitinib (oral form), Sorafenib (oral form) at a medical facility before the Circular No. 40/2014/TT-BYT dated November 17, 2014 comes into effect and is discharged from the hospital after 01/01/2015. Such medicines are used during the whole course of therapy (from the time the diagnosis is made to the time the treatment finishes) and after receiving treatment at a medical facility, the patient moves to another medical facility and such medicines are prescribed  according to the same course of therapy, then the health insurance shall fully cover the treatment charges within his/her right.

This Circular takes effect on December 15, 2015.

Ü INDUSTRY


FREE THE ENTERPRISE INCOME TAX FOR THE DEVELOPMENT STRATEGY
OF RENEWABLE ENERGY
 

In order to gradually raise the rate of access to clean energy source and electric power of people in urban, mountainous areas, remote areas, border areas, islands: By 2020, most households have the electricity and by 2030, most households can have access to the services of modern, sustainable and reliable energy at the rational power selling price and energy price…on November 25, 2015, the Prime Minister signed the Decision No. 2068/QD-TTg approving the development strategy of renewable energy of Vietnam by 2030 with a vision to 2050.

The strategy includes two stage: From now to 2030 - To develop and use the independent renewable energy to meet the target of rural electrification: Develop the programs for development of independent electricity systems from the renewable energy and household scale electricity for difficult and extremely difficult development

 

and remote areas, mountainous areas and islands for the purpose of hunger elimination and poverty reduction and socio-economic development to achieve the target by 2020 that most rural households have electricity and by 2030, most rural households can use the clean and hygienic energy source….; Orientation by 2050: to focus resources, exploit and use a maximum of renewable energy potential in the country with advanced technologies in accordance with practical conditions of each region to bring about the highly social, economic and environmental effectiveness and to strongly develop the market of renewable energy technology and equipment and machinery manufacturing industry and provide renewable energy services in the country…

This Decision takes effect on the signing date.

 

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