Legal Document Updates in English (50/2020)

* From January 2010, LuatVietnam deploys and supplies the section English translations for Vietnam legal documents which are issued from 1986 to this moment with the desire to support individual and units for learning about Vietnamese Law in English. By the certified quality of Vietnam Law and Legal Forum’ s translations in many years, LuatVietnam hopes to give the best searching address for English translations in Vietnam.

* For further details, please visit: english.luatvietnam.vn

#

 

NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

69/2020/QH14

Law No. 69/2020/QH14 dated November 13, 2020 of the National Assembly on Vietnamese Guest Workers

 

Vietnamese guest workers may unilaterally terminate contracts when being ill-treated

Page 2

EXPORT – IMPORT

 

EXPORT – IMPORT

2

44/2020/TT-BCT

Circular No. 44/2020/TT-BCT dated December 07, 2020 of Ministry of Industry and Trade on the suspension of temporary import for re-export of medical masks, medical gloves and anti-epidemic isolation suits

 

From January 22 to the end of 2021, to suspend temporary import for re-export of medical masks

Page 2

MEDICAL – HEALTH

 

MEDICAL – HEALTH

3

9/2020/TT-BYT

Circular No. 9/2020/TT-BYT dated June 10, 2020 of the Ministry of Health on amending and supplementing the Circular No. 03/2018/TT-BYT dated February 09, 2020 of the Minister of Health on good distribution practices for drugs and drug materials

 

From 2021, drug distributors must have equipment and computers connected with Internet

Page 2

INDUSTRY

 

INDUSTRY

4

28/2020/TT-BCT

Circular No. 28/2020/TT-BCT dated November 16, 2020 of the Ministry of Industry and Trade on prescribing and guiding the implementation of a number of provisions of the Government’s Decree No. 68/2017/ND-CP dated May 25, 2017, on management and development of industrial clusters and the Government’s Decree No. 66/2020/ND-CP dated November 06, 2020, on amending and supplementing a number of articles of the Decree No. 68/2017/ND-CP

 

The Agency for Regional Industry and Trade shall manage and operate the National Industrial Cluster Database

Page 3

5

124/NQ-CP

Resolution No. 124/NQ-CP dated September, 2020 of the Political Bureau on promulgating the Action Plan on implementation of the Political Bureau’s Resolution No. 23-NQ/TW dated March 22, 2018, on the national industrial development policy orientations through 2030, with a vision toward 2045

 

Strive to 2030, the proportion of labor in the industrial and service sectors will surpass 70%

Page 3

 

SUMMARY:

 

Ü  LABOR - SALARY

VIETNAMESE GUEST WORKERS
MAY UNILATERALLY TERMINATE CONTRACTS WHEN BEING ILL-TREATED

On November 13, 2020, the National Assembly promulgates the Law No. 69/2020/QH14 on Vietnamese Guest Workers under Contracts.

Remarkably, the National Assembly defines the rights of Vietnamese guest workers under contracts. A Vietnamese guest worker under contract may unilaterally terminate his/her contract in case where he/she is ill-treated, subject to forced labor by the employer, or there is an explicit risk of directly threatening to his/her life, health, or he/she is sexually harassed while working abroad.

Besides, Vietnamese guest workers under contracts shall be exempted from social insurance contribution or double personal income tax in Vietnam and the host

 

country if that country already signed agreements on social insurance or agreements for the avoidance of double taxation with Vietnam.

Working abroad or sending Vietnamese workers abroad for the following jobs: Massage jobs at restaurants, hotels or entertainment centers; Jobs regularly exposed to explosives and toxic substances in extractive metallurgy of non-ferrous metals (copper, lead, mercury, silver, zinc); Hunting predators, crocodiles or sharks, etc. shall be prohibited.

This Law takes effect on January 01, 2022.

Ü  EXPORT – IMPORT

FROM JANUARY 22 TO THE END OF 2021,
TO SUSPEND TEMPORARY IMPORT FOR RE-EXPORT OF MEDICAL MASKS

The Ministry of Industry and Trade issues the Circular No. 44/2020/TT-BCT on the suspension of temporary import for re-export of medical masks, medical gloves and anti-epidemic isolation suits on December 07, 2020.

To be specific: The list of medical masks, medical gloves and anti-epidemic isolation suits to be suspended from temporary import for re-export includes: medical gloves

 

(HS codes: 3926.20.90; 4015.11.00 and 4015.19.00); anti-epidemic isolation suits (including clothing, goggles, masks, cap, gloves, shoes) with HS code: 6210.10.90; medical masks with HS codes: 6307.90.40; 7307.90.90.

This Circular takes effect from January 22, 2021, through December 31, 2021.

Ü  MEDICAL – HEALTH

FROM 2021, DRUG DISTRIBUTORS MUST HAVE EQUIPMENT
AND COMPUTERS CONNECTED WITH INTERNET

On June 10, 2020, the Ministry of Health issues the Circular No. 9/2020/TT-BYT on amending and supplementing the Circular No. 03/2018/TT-BYT dated February 09, 2020 of the Minister of Health on good distribution practices for drugs and drug materials.

Accordingly, by January 01, 2021, the establishment distributing drugs must be equipped with equipment and computers connected with Internet and manage the distribution of drugs by computer software, connect with Internet, and ensure the control of original and price of purchased and sold drugs.

The Department of Health shall carry out extraordinary evaluation of the compliance with GDP principles with establishments distributing drugs that makes inappropriate explanation or fails to explain reason for not submitting dossiers of requesting for periodic evaluation at request of the Department of Health.

 

In addition, if the distributing establishment fails to submit the dossier of request for periodic evaluation within the prescribed period, the Department of Health shall issue a written request to the distributing establishment for submission of such dossiers within 15 days from the deadline for submitting that dossiers.

Besides, the Ministry of Health also additional stipulates that the distributing establishment shall submit 01 set of dossier of request for periodic evaluation of the compliance with GDP principles, and pay appraisal charges to the Department of Health in accordance with the Ministry of Finance's regulations on charges for appraisal of conditions and standards for distribution of drugs and drug materials.

This Circular takes effect on July 25, 2020.

Ü  INDUSTRY

THE AGENCY FOR REGIONAL INDUSTRY AND TRADE
SHALL MANAGE AND OPERATE THE NATIONAL INDUSTRIAL CLUSTER DATABASE

On November 16, 2020, the Ministry of Industry and Trade issues the Circular No. 28/2020/TT-BCT on prescribing and guiding the implementation of a number of provisions of the Government’s Decree No. 68/2017/ND-CP dated May 25, 2017, on management and development of industrial clusters and the Government’s Decree No. 66/2020/ND-CP dated November 06, 2020, on amending and supplementing a number of articles of the Decree No. 68/2017/ND-CP.

Accordingly, the selection of enterprises and cooperatives to be project owners in the construction of industrial cluster technical infrastructure is one of the appraisal of the establishment or expansion of industrial clusters. The duration for selection of project owner in the construction of technical infrastructure is in the stage of appraising documents for establishment or expansion of industrial clusters. The Council shall carry out the appraisal for

 

selection of project owner in the construction of technical infrastructure if the minimum of two thirds of the Council’s members taking part in, such process shall be implemented according to the scoring method with the score scale of 100.

In addition, the Agency for Regional Industrial and Trade shall organize the establishment, management and operation of the National Industrial Cluster Database; guide the provincial-level Department of Industry and Trade to update data into the National Industrial Cluster Database. Specialized divisions in charge of industry and trade affairs under the district-level People’s Committee shall take responsibility for completely, punctually and accurately updating data of industrial clusters located on the area into the Provincial Industrial Cluster Database.

This Circular takes effect on December 31, 2020.

STRIVE TO 2030, THE PROPORTION OF LABOR
IN THE INDUSTRIAL AND SERVICE SECTORS WILL SURPASS 70%

The Government issues the Resolution No. 124/NQ-CP promulgating the Action Plan on implementation of the Political Bureau’s Resolution No. 23-NQ/TW dated March 22, 2018, on the national industrial development policy orientations through 2030, with a vision toward 2045 on September 03, 2020.

Accordingly, for the implementation of the Resolution No. 23-NQ/TW, the Government sets the following goals to 2030: The industrial sector will account for over 40% of GDP, in which manufacturing and processing industries will make up about 30% and the manufacturing industry alone will account for over 20%; The value proportion of hi-tech products from the processing and manufacturing industries will reach at least 45%; The proportion of labor in the industrial and service sectors will surpass 70%.

In order to achieve the above-mentioned goals, the Government assigns the Ministry of Planning and Investment to coordinate with ministries and branches in formulating a

 

policy for spatial redistribution to ensure concentration and focus, first of all, to choose development in regions and localities where industrial clusters have initially been formed or where advantages in transport infrastructure, geo-economics, natural resources, labor and logistics exist, that are capable of becoming the engine of growth.

Besides, the Ministry of Information and Communications shall coordinate with the Ministry of Planning and Investment in studying and formulating policies on foreign direct investment (FDI) attraction in the direction of prioritizing projects applying “high, new, clean and economical" technologies, using a lot of domestically produced raw materials and accessories, with a high proportion of spending on scientific and technological research and development in the country.

This Resolution takes effect on the signing date.

 

 

Details of Legal Updates are posted fully on LuatVietnam Database. Customers will receive all contents of legal documents in Legal Updates when becoming subscribers of searching service for legal documents in English. All the requirements on legal documents in English, please contact: cskh@luatvietnam.vn. Customers can study all information on LuatVietnam service via address: english.luatvietnam.vn

Official translations (Available for English subscription): are supplied by the Vietnam Law and Legal Forum Magazine (directly under Vietnam News Agency). Its translations are often used as the comparison when having any differences among current unofficial translations. Vietnam Law and Legal Forum’s translations are considered as the best insurance (or the most credit one) for studying Vietnam State’s legal documents in English.

Reference translations (Available for Vietnamese and English subscription): are supplied in order to fulfill the richness and diversification among them (official and unofficial translations) in Vietnam.

We would like to show great thanks to you for reading our Legal Updates!

 

LUATVIETNAM CENTER - INCOM COMMUNICATIONS.,JSC
Hanoi:  3rd Floor, IC Building, No. 82, Duy Tan Street, Cau Giay District, Hanoi. Tel: 0938 36 1919
Ho Chi Minh:   No. 456 Phan Xich Long, Ward No. 02, Phu Nhuan District, Ho Chi Minh
Tel: (
028) 399 507 24 - Fax: (028) 399 507 27
Email: cskh@luatvietnam.vn

 

Notice: The legal updates are designed for general information announcement only. Customers receiving this are encouraged to login the website to see and download full text. If you wish to unsubscribe, please follow the instructions in the email enclosed herewith https://luatvietnam.vn/huy-dang-ky-nhan-ban-tin.html . You will receive the final confirmation before un-list your email address in our system.