On August 28, 1818, the Ministry of Labor, Invalids and Social Affairs issued Circular No. 09/2018/TT-BLDTBXH guiding the process of assisting children affected by HIV/AIDS. This Circular takes effect on October 15, 2018
Accordingly, Circular 09/2018/TT-BLDTBXH regulates procedures for the support of children affected by HIV/AIDS in child protection services, social assistance facilities and communes, wards or townships, specifically:
– Applicable subjects: Child protection workers; Child protection collaborators, social workers, and social work collaborators; People’s committees at all levels; Establishments providing child protection services; social support facilities; Related agencies, organizations, and individuals.
– Principles for supporting children affected by HIV/AIDS:
• Ensure the participation of children;
• Ensure non-discrimination, non-discrimination.
• Ensuring information confidentiality, the disclosure of confidential information of the children’s private life must comply with the provisions of law and ensure the best interests of the child.
– Steps to implement the process of supporting children affected by HIV/AIDS
• Receive, coordinate information processing.
• Identify the need for assistance of children affected by HIV/AIDS.
• Planning support for children affected by HIV/AIDS.
• Implement a plan to assist children affected by HIV /AIDS.
• Review and evaluation after the implementation of the plan to assist children with photos by HIV/AIDS.
Thus, through the Circular No. 09/2018 / TT-BLDTBXH Ministry of Labor, War Invalids and Social Affairs has detailed regulations, practical expressing timely attention of the State to children affected by HIV/AIDS, following the tradition of mutual affection and love of the nation.
On 12/9/2018, the Ministry of Health issued Circular No. 21/2018 / TT-BYT regulating registration of traditional medicines. This Circular takes effect on October 28, 2018.
Circular No. 21/2018/TT-BYT details the following: Criteria for determining traditional medicines are be exempted from clinical trials, Phase 4 clinical trial, full clinical trials in Vietnam and clinical data requirements are required to ensure safety, efficiently serving as a basis for granting certificates of circulation of traditional medicines. Dossiers and procedures for granting, extending, changing, supplementing and withdrawing registration papers for circulation of traditional medicines and materia medica.
Circular applies to subjects: traditional medicine; traditional medicine made in traditional or modern form; The list of materia medica must be registered for circulation by the Ministry of Health in accordance with Article 93 of Decree No. 54/2017/ND-CP detailing a number of articles and measures to implement the Law on Pharmacy.
Accordingly, traditional medicines that apply for circulation registration certificates must continue to monitor safely and effectively if they fall into one of the following cases:
– Traditional medicines containing poisonous herbs on the list of materia medica of toxic origin in Appendix III issued together with Circular No. 42/2017/TT-BYT;
– The toxic drugs are not marked * on the list of botanical and botanical toxicological substances in Annexes I and II issued together with Circular 42/2017/TT-BYT;
– Traditional medicines do not have adequate clinical data to ensure safety and effectiveness;
– Traditional medicines are exempt from some clinical trials.
In addition, traditional medicines for extension of circulation registration certificates are also subject to continued monitoring when there is insufficient clinical data on safety assurance and effectiveness. Note that the deadline for issuance and renewal of circulation registration certificates for traditional medicines is 03 years.
It can be seen that the Circular No. 21/2018/TT-BYT was promulgated to create a clear legal framework for registration of traditional medicines, preserving traditional remedies and at the same time ensuring the role of state management.
On 17/10/2018, the Ministry of Labour, War Invalids and Social Affairs issued Circular No. 17/2018 / TT-BLDTBXH guiding a number of regulations on self-inspection of the implementation of labor law by enterprises. This Circular shall take effect from 01/01/2019.
Accordingly, Circular 17/2018/TT-BLDTBXH regulates the obligation of enterprises to self-examine and report the results of self-inspection of labor legislation to the State Inspectorate for Labor as follows:
– Number of inspections in the year: At least once a year, enterprises must carry out self-inspection;
– Time of inspection: decided by the enterprise;
– Inspection Period: From the first day of January of the previous calendar year to the time of inspection;
– Contents of self-inspection: The implementation of periodical reports; Recruitment and training of labor; The signing and performance of labor contracts; Dialogue, negotiation, and conclusion of the collective labor agreement; Working hours and rest; Wage payment for labors; The organization and implementation of labor safety and hygiene; The implementation of regulations for female workers, elderly workers, junior workers, disabled workers, foreign laborsThe construction and registration of labor regulations; disciplined labor, compensation for material liability; The participation and deduction of compulsory social insurance, unemployment insurance and monthly health insurance for laborers who are subject to participation; Settlement of disputes and labor complaints;
– Self-examination dossier: Check; self-examination conclusion; Documents for the establishment of the self-inspection team and documents and records.
– Report on inspection results: Enterprises shall coordinate with labor collective representatives in making reports online at the request of the labor inspectorates..
It can be seen that the regulation on self-inspection of labor law in enterprises will contribute to raising the self-consciousness of enterprises in the course of operation and at the same time express the policies of Vietnamese law. Nam in enhancing the freedom and autonomy of enterprises within the framework of law.
On 15/10/2018, the Government issued Decree No 143/2018/NĐ-CP detailed regulations on social insurance and safety laws, labor sanitation on compulsory social insurance for foreign labors working in Vietnam. This Decree takes effect from the date of its promulgation.
Accordingly, Decree No 143/2018/NĐ-CP has notable new highlights as follows:
Labors are foreign nationals working in Vietnam who have a work permit or a practicing certificate or practicing certificate granted by a competent Vietnamese agency and have an indefinite-term contract, A labor contract with a term of one full year or more with employers in Vietnam will be subject to compulsory social insurance. Accordingly, foreign workers are required to comply with the following compulsory social insurance schemes: sick; maternity; insurance for occupational accidents and diseases; retirement and death.
In cases where the laborers being foreign citizens terminate the labor contracts or the validity of the work permits or practice certificates or practice licenses expire (whichever comes first) if the employee fails to continue working under a labor contract is not entitled to a license extension, the employee shall be entitled to one-time social insurance benefits..
It can be seen that, Decree No 143/2018/NĐ-CP has specific regulations, detailed guidelines on social insurance for specific objects are outsiders, thereby creating favorable conditions for their work as well as living in Vietnam, as well as strengthening the state management of these objects.
On 17th, October 2018, The Ministry of Planning and Investment issued Circular No.03/2018/TT-BKHDT guiding and promulgating form of document to carry out investment procedures to abroad. This Circular will take effect from 01st, December 2018.
Accordingly, the Circular No. 03/2018 / TT-BKHDT attach the forms of documents to carry out investment procedures to abroad, including:
– Form No. 1: Request for issuance of the certificate of investment registration abroad;
– Form No. 2: Proposal for offshore investment; Form No. 3: Request for amendment of the investment registration certificate;
– Form No. 4: Explanation on amendment of the certificate of investment registration abroad;
– Form No. 5: Commitment letter on self-arranging foreign currency;
– Form No. 6: The written commitment of the authorized credit institution to arrange foreign currencies;
– Form No. 7: The written certification of the investor’s fulfillment of the tax obligation with the State;
– Form No. 8a: The form of the offshore investment registration certificate (for the first registration);
– Form No. 8b: The form of the overseas investment registration certificate (adjusted for registration);
– Form No. 9: Notice on overseas investment activities;
– Form No.10: Quarterly reports on the situation of overseas project execution;
– Form No. 11: Report on the annual implementation of projects overseas;
– Form No. 12: Forms of annual reports on the situation of offshore investment activities after the tax settlement is made in foreign countries;
– Form No. 13: A written request for extension of the remittance of profits to the country;
– Form No. 14: Form for approval of the transfer of profit to the country;
– Form No. 15: Forms of notices of investors sent to the State Bank of Vietnam applicable to cases where investors transfer their entire overseas investment capital to foreign investors;
– Form No. 16: A written request for invalidation of the offshore investment registration certificate;
– Form No. 17: Forms of written notices invalidating the certificates of investment registration abroad.
In conclusion, promulgating the form of documents to carry out the investment procedures to abroad through Circular No. 03/2018 / TT-BKHDT is expected to create easier conditions for enterprises to carry out the investment procedures. Besides, the issuance of new document will support the implementation of the law and management of Authorities being more effectively.
On 16th, October 2018, The Government issued Decree No.144/2018/ND-CP amending and supplementing related to Decrees regulating multimodal transport. This Decree takes effect from the issued date.
Accordingly, this Decree contains new regulations, as follow:
Firstly, Vietnamese enterprises, cooperatives and foreign enterprises investing in Vietnam are only operated business when they obtained the international multimodal transport business license and ensure the following conditions:
– Maintaining a minimum asset equivalent to 80,000 SDR (Special Drawing Rights) or having an equivalent guarantee or alternative financial plan in accordance with the law;
– Having professional liability insurance for multimodal transport or equivalent guarantee.
In addition, this Decree also deregulated regulation related to the enterprise must register the international multimodal transport fields in the business registration certificate. This regulation, in order to avoid unnecessary repetition because the enterprise wants to business international multimodal transport, it is also necessary to have the “international multimodal transport business license”.
Secondly, enterprises of countries which are members of the ASEAN Framework Agreement on Multimodal Transport or are enterprises in other countries which have signed international conventions with Vietnam on multi-modal transportation can be operated business after receiving the international multimodal transport business license of Vietnam and ensure the following conditions:
– Having a certificate of international multimodal transport business registration or equivalent papers granted by the competent agency of that country;
– Having professional liability insurance for multimodal transport or equivalent guarantee.
In addition, Decree 144/2018/ND-CP also stipulates that the Ministry of Transport has the authority and responsibility to organize the management and issuance of international multimodal transportation business licenses.
Thus, Decree No. 144/2018/ND-CP with detailed and specific regulations is expected to bring about significant changes, especially those related to the reduction of some articles. related to the international multimodal transport business. By that, contributing to facilitating the removal of existing barriers, encouraging enterprises to accelerate their business activities in this field, aiming to develop enterprises in particular and the national economy in general.
On 12th, September 2018, the Ministry of Finance issued Circular No.25/2018/TT-BTC guiding the determination of electricity prices for rented house service business unit. This Circular takes effect from 26th, October 2018.
Accordingly, in determining the retail price of electricity for students, laborers when renting house has many changes, specifically as follows:
Abolishing the regulation that homeowner can be take charged of electricity renter house according to the electricity bill every month plus 10% for power losses, lighting costs, and general water pumping.
Instead, the homeowner will declare and notify the number of electricity user to the electricity seller in order to determine the retail price of electricity. The determination base on the principle that four people is calculated as a household using electricity, one person is a ¼ unit, two is ½ unit, three is ¾ unit, four is a household using electricity.
In case of changing in the number of electricity users, the lessor shall notify the electricity seller to adjust the electricity charge. If the homeowner cannot register the full number of users of electricity, the electricity price will be applied to the third level with 1450 VND/ kWh.
Besides, this circular regulate that electrical sellers have verifying rights and require proving the temporary register for the month to determine the number of persons to calculate the norm when calculating the electricity bill.
Thus, with the issuance of Circular No. 25/2018/TT-BTC, the determination of electricity prices for students and labors has been tighten, attached to the responsibility of the landlord and guaranteed through inspection activities for the unit selling electricity contribute limited restriction that the tenant must use electricity at a price higher than the regulations of the State.
On 15th, October 2018, People’s Committee of Hanoi issued Decision No.25/2018/QD-UBND regulating the dossiers, procedures for the implementation of individual and households takes Land use rights into enterprises. This Decision takes effect from 25th, October 2018.
Accordingly, households or individuals who are leased land or allocated land by the District People’s Committee for use in non-agricultural production or business, want to take their land use rights into business that it ensures procedure following the regulation of law. The enterprises received land use rights, that have to submit dossier to the authority, including:
– Changing on land registration form;
– Documents related to land use origin;
– Business registration dossier of the enterprise;
– Project dossier and land use planning.
Pursuant to the purpose of land use of business, Hanoi environment and natural resources department will guide the business to carry out procedures for changing land use purposes, signing land lease contracts and declaring application for land use rights certificate. Especially, the rental price is determined by the price applying for individual, household before.
In summary, Decision No. 25/2018/QD-UBND show that the People’s Committee of Hanoi is gradually doing policies to support and promote the development of household economy in Hanoi.
