LLR 1

LABOR LAW REVIEW

AUG + S E P 2 018

Q &A about labor law

TRANSFERRING THE EMPLOYEE TO ANOTHER JOB WITH A LOWER SALARY (Page 14) SIGNING “COLLABORATION CONTRACT” WITH INDIVIDUAL

(Page 15)

DRAFT LIST OF JOBS AND WORKPLACES PROHIBITED FROM UTILIZING UNDERAGE EMPLOYEES (Page 9)

DRAFT REGULATIONS OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF LABOR AND SOCIAL INSURANCE (Page 5)

Draft regulations of enterprise self-assessment of the labor law compliance (Page 3)

Draft list of potentially unsafe products and goods subject to the State management responsibility of the Ministry of Labor, Invalids and Social Affairs

Legal updates of August 2018

©2018 LE & TRAN. All rights reserved.

(Page 16)

(Page 11)

Attorney Advertising.

Authors

Mr. Stephen Le Hoang Chuong Managing Partner hoangchuong.le@letranlaw.com

Ms. Hannah Huynh Thi My Hanh Senior Associate myhanh.huynh@letranlaw.com

Mr. Chad L. Meek Affiliate Counsel chadmeek@letranlaw.com

(1st version) Draft Circular concerning guidance for Clause 4, Article 21 of Decree No.110/2017/ND-CP dated October 04, 2017 of the Government on the operation and organization of the Inspectorate Authorities of Labor, Invalids and Social Affairs on enterprise self-assessment

Status: The collecting of comments has expired (from June 14, 2018 to August 14, 2018). According to the schedule, the Draft Circular will be presented to the Ministry Heads in October 2018 [click here to see the schedule].

Document proposed to be replaced: Decision No.02/2006/QD-BLDTBXH dated Feb-

ruary 16, 2006 of the Minister of Labor, Invalids and Social Affairs promulgating the regulations of using to the forms of self-assessment of the labor law compliance.

Summary of contents Click here to see full contents of this draft (in Vietnamese).

1 This Draft Circular provides guidance for self-assessment and reporting self-assess-

ment results on the labor law compliance via the online platform. Employers must organize their self-assessment on their compliance with the labor law at their facilities at least once a year in order to assess the level of labor law compliance and to propose solutions for improving the compliance. The exact time for self-assessment is determined by the employers. Self-assessment period: from the first day in January of the preceding calendar year until the time of making the self-assessment.

2 Contents of the self-assessment of the labor law compliance include: •

The making of periodic reports;

•

The recruitment and training of employees;

•

Entering into labor contracts and the performance of labor contracts;

•

Dialogue, negotiation and signing of collective labor agreements;

•

Working hours and break time;

•

Salary payments to employees;

•

The organization and implementation of the regulations of occupational safety and hygiene;

•

The implementation of regulations on female employees, elderly employees, underage employees, disabled employees, and foreign employees;

•

The formation and registration of internal labor regulations; conducting labor discipline, and compensation for material responsibility;

•

The compulsory participation in, and the monthly withholding of contributions for, social insurance, unemployment insurance, and health insurance for employees who are subject to participation;

•

The resolution of disputes and complaints over labor matters;

•

Other contents that the employers deem necessary.

3

The contents of self-assessment have been designated into self-assessment forms

for each field of industry and trade published on the website of http://tukiemtraphapluatlaodong.gov.vn. The employers, based on their main field of industry and trade, shall select 01 or more self-assessment forms to utilize for self-assessment.

4 In the event that agencies, organizations, enterprises, or individuals fail to comply with

the task of self-assessment and reporting in accordance with this Draft Circular, these shall be grounds for the State labor inspectorates to conduct unscheduled inspections or to include such violators into the list of ones subject to the inspection plan during the next year. It shall concurrently be an aggravating factor in deciding the penalty level for an administrative violation. If the consequences are serious enough, they will be liable

4

to criminal prosecution and may be punished with other measures under the provisions of the law.

Draft Decree on the penalties for administrative violations in the field of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts Status: The collecting of comments has expired (from March 16, 2018 to May 16, 2018).

According to the schedule, this Draft Decree will be presented to the Government in November 2018 [click here to see the schedule].

Documents proposed to be replaced: •

Decree No.95/2013/ND-CP dated August 22, 2013 of the Government regarding penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts; and

•

Decree No.88/2015/ND-CP dated October 07, 2015 of the Government amending and supplementing several articles of Decree No.95/2013/ND-CP dated August 22, 2013 of the Government which describes the penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts.

Summary of contents Click here to see full contents of this draft (in Vietnamese).

The Draft Decree describes the acts constituting administrative violations, the forms of penalties, the levels of penalties, the measures for remediating the consequences, and the procedures for imposing penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts.

5

Some new points of the Draft Decree:

1 Increasing the penalty levels with regard to certain violations: PENALTY LEVELS NO.

VIOLATION

*The fines indicated below are applied to individuals; for organizations, the fines shall be twice these of individuals.

1

Violating regulations regarding recruiting and managing employees: •

CURRENT REGULATIONS

DRAFT

A fine from VND1,000,000 to

A fine from VND3,000,000 to

VND3,000,000.

VND5,000,000.

Taking money from the applicants who apply for the recruited positions;

•

Failing to make a labor management book; failing to make the labor management book within the time-limit, failing to ensure the basic contents are included as mandated by law; failing to record and input employee information into the labor management book at the time the labor contract takes effect; failing to update the labor management book with changes to information.

2

Violating regulations regarding collective Warnings or a fine

bargaining or collective labor agreements: from VND500,000 to •

A fine from VND1,000,000 to VND2,000,000.

Failing to submit the collective labor VND1,000,000. agreements to State management agencies on labor at the provincial level;

•

Failing to pay the fees for negotiating, signing, modifying, supplementing, submitting and publishing collective labor agreements;

•

Failing to publish the contents of the signed collective labor agreement for the employees’ awareness.

3

Violating regulations on foreigners work- A fine from VND1,000,000 to ing in Vietnam:

Failing to provide notice of the status of employing foreign workers to the State management agencies on labor or failing to report in accordance with the contents and deadlines mandated by law.

6

VND2,000,000.

A fine from VND5,000,000 to VND10,000,000.

4

Violating regulations upon entering into •

• •

•

•

VND1,000,000 to

VND2,000,000 to

VND2,000,000 for

VND5,000,000 for

tract for jobs lasting more than 3 months;

violations involving from

violations involving from

Failing to enter into the correct type of la-

01 employee to 10

01 employee to 10

bor contract with the employee;

employees;

Failing to enter into a labor contract that •

A fine from

contains the essential contents of a labor

VND2,000,000 to

VND5,000,000 to

contract;

VND5,000,000 for

VND10,000,000 for

Failing to enter into a labor contract that

violations involving from

violations involving from

hires employees to work as directors in

11 employees to 50

11 employees to 50

State-owned capital enterprises in ac-

employees;

cordance with the provisions of the law.

•

A fine from

employees; •

VND10,000,000 to

VND10,000,000 for

VND15,000,000 for

violations involving from

violations involving from

51 employees to 100

51 employees to 100

A fine from

employees.

•

A fine from

VND10,000,000 to

VND15,000,000 to

VND 15,000,000 for

VND20,000,000 for

violations involving from

violations involving from

101 employees to 300

101 employees to 300

A fine from

employees.

•

A fine from

VND15,000,000 to VND

VND20,000,000 to

20,000,000 for violations

VND25,000,000 for

involving 301 employees

violations involving 301

or more.

employees or more.

Violating regulations on working times A fine from VND25,000,000 and break times:

A fine from

VND5,000,000 to

employees; •

A fine from

employees; •

employees; •

5

A fine from

Failing to enter into a written labor con-

labor contracts: •

A fine from

•

to VND50,000,000.

A fine from VND5,000,000 to

Mobilizing the employees to work overtime

VND10,000,000 for

in excess of the number of hours as stated

violations involving from

in Article 106.2.b of the 2012 Labor Code or

01 employee to 10 employees.

over 12 hours in one day when the work is performed on public holidays or weekly days-off.

•

A fine from VND10,000,000 to VND20,000,000 for violations involving from 11 employees to 50 employees.

•

A fine from VND20,000,000 to VND40,000,000 for violations involving from 51 employees to 100 employees.

•

A fine from VND40,000,000 to VND60,000,000 for violations involving from 101 employees to 300 employees.

•

A fine from VND60,000,000 to VND75,000,000 for violations involving 301 employees or more.

7

2

Supplementing a violation of the regulations concerning forced labor, and impos-

ing a fine from VND20,000,000 to VND25,000,000 for individual violators and from VND40,000,000 to VND50,000,000 for organizational violators.

3

Supplementing the list of exceptional cases concerning female employees, specifi-

•

For cases of utilizing female employees, who are in the 7th month of pregnancy or

cally: who are in the 6th month of pregnancy if they work in remote or isolated, national border and island areas or who are raising a child under 12 months to work overtime, work in night shift and take business traveling to remote working places: An exception shall be granted if the employer and the employee agree in writing to travel to work in remote areas.

•

For cases of failing to secure previously-held jobs when female employees return to work upon expiry of their maternity leave in accordance with Clauses 1 and Clause 3 of Article 157 of the 2012 Labor Code: An exception shall be granted if the previously-held job no longer exists.

4

Describing more details for the acts of:

•

Violating the regulations on reporting of occupational safety and health;

•

Violating the regulations on measures for ensuring occupational safety and health;

•

Violating the regulations on prevention of occupational accidents and diseases;

•

Violating the regulations on employers’ liability for occupational accidents and diseases;

•

Violating the regulations on the use of machinery and equipment which are strictly regulated by labor safety and health standards;

•

Violating the regulations on training activities for occupational safety and health;

•

Violating the regulations on activities for inspecting the techniques for occupational safety;

•

8

Violating the regulations on the monitoring of the labor environment.

Status: The collection of comments has expired (from May 15, 2018 to July 15, 2018). According to the schedule, this Draft Circular will be presented to the Ministry leaders in December 2018 [click here to see the schedule].

Document proposed to be replaced:

Circular No.10/2013/TT-BLDTBXH dated June 10, 2013 of the Ministry of Labor, Invalids and Social Affairs on issuing the list of

(1st version) Draft Circular on issuing the list of jobs and workplaces prohibited from utilizing underage employees

jobs and workplaces prohibited from utilizing underage employees.

9

Summary of contents Click here to see full contents of this draft (in Vietnamese).

Issuing the list of (1) jobs and (2) workplaces prohibited from utilizing underage employees.

1 •

List of workplaces prohibited from utilizing underage employees: Workplaces exposed to occupational health factors and substances in the working environment (including: electromagnetic fields, vibration, noise, temperature, silica dust, silica-free dust, cotton dust, asbestos dust; radioactive substances or rays; radiation by X-rays and other harmful rays) which do not fall within the permitted level of the national technical regulations;

•

Exposure to infectious agents;

•

The work exceeds 04 hours per day in a tight, cramped working space, sometimes requiring the employees to kneel, lie down, or to stoop;

•

On hanging shelves or on lines 2 meters above the working floor; mountainous areas with slopes over 30o.

2

Several jobs are prohibited from utilizing underage employees as mentioned in the

•

Jobs that require the conveying, carrying, or lifting of heavy objects beyond the phys-

Draft: ical capability of underage employees: Classification

•

Regular jobs (kg)

Irregular jobs (kg)

Male

Female

Male

Female

From 15 years of age to under 16 years of age

≥ 15

≥ 12

≥ 10

≥8

From 16 years of age to under 18 years of age

≥ 30

≥ 25

≥ 20

≥ 15

Controlling the means of transport with an engine cylinder capacity of 50 cm3 or more.

•

Direct exposure to chemicals that cause genetic mutation, long lasting reproductive toxicity (such as: testicular insufficiency, ovary dysfunction), and/or carcinogenic chemicals (see the list stated in the Draft).

•

Jobs that require exposure to gasoline or oil in caves or tunnels: delivery, maintenance, and operation of pumps and measurement of gasoline or oil.

•

The manufacture, use, or transport of dangerous products: explosives, flammable substances, oxidants, gas, gunpowder, ammunition, or firecrackers with the potential of causing explosion and flames.

•

Work on scaffolding or on beams 3 meters higher than working floor.

•

Installing, dismantling or changing scaffolding (except for assisting the work on the ground or on the floor).

•

The picking or sorting of garbage, waste, waste substances or scrap.

•

Inspecting, repairing and operating of circuits with a voltage of 700 Volts in case of a Direct Current; and over 220 Volts in case of an Alternating Current and the resistors of that circuit.

10

(1ST VERSION) DRAFT CIRCULAR IDENTIFYING THE LIST OF POTENTIALLY UNSAFE PRODUCTS AND GOODS SUBJECT TO THE STATE MANAGEMENT RESPONSIBILITY OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Status: The collection of comments has expired (from May 18, 2018 to July 18, 2018).

Document proposed to be replaced: The List of Group-2 products and goods identified

in Circular No.03/2010/TT-BLDTBXH dated December 22, 2010 of the Ministry of Labor, Invalids and Social Affairs concerning the List of potentially unsafe products or goods subject to the State management responsibility of the Ministry of Labor, Invalids and Social Affairs.

11

Summary of contents Click here to see full contents of this draft (in Vietnamese).

1 •

Applicable to: Domestic and foreign organizations and individuals involved with the production, trade, or use of potentially unsafe products and goods (Group-2 products and goods) under the State management responsibility of the Ministry of Labor, Invalids and Social Affairs.

•

Organizations and individuals involved with the management and evaluation of the conformity of Group-2 products and goods under the State management responsibility of the Ministry of Labor, Invalids and Social Affairs.

2

The contents: Issuing the list of Group-2 products and goods under the State man-

agement responsibility of the Ministry of Labor, Invalids and Social Affairs.

•

General principles for the management of the quality of Group-2 products and goods: Products and goods with national technical regulations: To comply with the corresponding national technical regulations.

Products and goods without national technical regulations: To comply with the standards specified in this Draft Circular until national technical regulations come into effect.

•

Several Group-2 products and goods under the State management responsibility of the Ministry of Labor, Invalids and Social Affairs:

No.

Name of

HS code

products, goods

Regulations/

Gorvenning

Standards

documents

Management measures for imported goods

1

Equipment

for 6506.10

head protection (industrial

6506.10.20

safety 6506.10.30

helmets)

QCVN 06:2012/

Circular No.

State

BLDTBXH

04/2012/

inspection

TCVN 6407:1998

TT-BLDTBXH

on quality

TCVN 2603:1987

before

customs clearance.

2

Equipment for eye

3926.90.42

TCVN 5082:1990

Circular No.

State

and face protection

9004.90

TCVN 5039:1990

49/2016/

inspection

(glasses that are

QCVN 27:2016/

TT-BLDTBXH

on quality

used for protec-

BLDTBXH

Circular No.

tion from infrared

QCVN 28:2016/

50/2016/

before

reflections, X- rays,

BLDTBXH

TT-BLDTBXH

radiation;

welding

goggles,

welding

masks)

12

customs clearance.

3

Equipment

QCVN 08:2012/

Circular No.

State

BLDTBXH

07/2012/

inspection

protection (mouth

QCVN 10:2012/

TT-BLDTBXH

on quality

masks, face masks

BLDTBXH

Circular No.

before

respiratory

for 9020.00.00 organ

and half face mask

25/2012/

for dust respirators;

TT-BLDTBXH

customs clearance.

mouth mask, face mask and half face mask for chemical cartridge

respira-

tors) 4

Body

protection 6211

TCVN 6693:2000

State

(flame

TCVN 6694:2010

inspection

clothing,

TCVN 6875:2010

on quality

radiation protection

TCVN 6876-

clothing, chemical

1,2:2010

before

protection clothing)

TCVN 6877:2001

equipment resistant

customs clearance.

TCVN 6878:2007 TCVN 7205:2002 TCVN 7617:2007 TCVN 7618:2007 TCVN 6880:2001 TCVN 6691:2007 TCVN 6692:2007 TCVN 6881:2007 TCVN 9547:2013 5

Hand

protection 6116.10.90

equipment

(pro- 6216.00.10

tective gloves for

3926.20.60

TCVN 8838-

Circular No.

State

1,2,3:2011

37/2014/

inspection

TCVN 7616:2007

TT-BLDTBXH

on quality

punctures, tearing,

QCVN 24:2014/

cutting,

BLDTBXH

flames,

electrical

and

chemical

insula-

before

customs clearance.

tion) 6

TCVN 6412:2009

Circular No.

State

(protective

TCVN 7651:2007

39/2013/

inspection

shoes for puncture,

TCVN 7652:2007

TT-BLDTBXH

on quality

ripping,

impact,

TCVN 7653:2007

and

TCVN 7654:2007

electrical insulation

TCVN 8197:2009

boots)

TCVN 7544:2005

Footwear tion

chemical,

protec- 6405.90.00

before

customs clearance.

TCVN 7545:2005 QCVN 15:2013/ BLDTBXH 7

Other protection

personal 4205.00.20 equip-

ment (safety belts, anti-fall protection system)

QCVN 23:2014/

Circular No.

State

BLDTBXH

36/2014/

inspection

TT-BLDTBXH

on quality before

customs clearance.

13

Q & A: LABOR LAW QUESTION:

ANSWER:

The company has an employee who is considered to be ineffective and the company wishes to transfer this employee to another job in another department. According to the job description and salary after transferred, the employee is transferred to a job with a lower salary. The company and the employee have agreed to the terms of changes with each other.

What additional procedures does the company need to do to prove that the employee consents to this agreement, as in many cases, labor inspectors will be able to argue that the employee was compelled by the company to accept a position at a lower salary?

1. “Probation� applies only if the employee has not signed a labor contract with the company before; the maximum term for a probationary period is only 60 days (Article 27, the 2012 Labor Code).

In addition, the company would like to place the employee in a probationary period for the new position for a period of two months and the employee has agreed. Is the company in compliance with the law? After the probationary period expires, what actions should the company take between the below options: (1) The employee applies to terminate his current labor contract and then apply for a new recruitment vacancy? Or (2) Amending his existing labor contract by making appendix for changes in job description and salary?

14

2. Under a company-employee labor contract, when the employee and the company agree to allow the employee to do another job in another department, it may be considered a temporary assignment. As such, the employee will perform a job which is not stated in the labor contract due to business and production needs as prescribed in Article 31 of the 2012 Labor Code. It is noteworthy that the company must specify in its internal regulations the criteria that would allow, due to business and production needs, the company to temporarily assign an employee to perform a job which is not stated in the labor contract (Article 8, Decree No.05/2015/ND-CP).

3. Should the company wish to alter the jobs and/or salary for an employee, it is advisable that the company should create an appendix amending the current labor contract (Article 35, the 2012 Labor Code) instead of terminating the current labor contract and entering into a new labor contract (although it is possible for the company to apply either of these two options, and in both cases there must be a consent from the employee). The option of signing an appendix amending the contents of the labor contract will help to limit issues such as providing notification for increase or decrease of labor (if any), payment of salary and allowance, payment of severance allowance (if any) and so on.

It is worth noting that in the event the company chooses to terminate the current labor contract and sign a new labor contract, the company still has to comply with the regulations on the number of times for the signing of definite-term labor contracts. For example, if currently the company has twice entered into a definite-term labor contract with the employee, upon signing a new labor contract for a new job position, the company is required to sign an indefinite-term labor contract.

4. If the State inspectorate agency conducts an inspection and concludes that the company has coerced the employee, the inspectorate agency must produce evidence and legal grounds to prove their claim. Otherwise, if the inspectorate agency does not have enough evidence and legal grounds to prove such claims, they are deemed baseless or unconfirmed allegations, and the company shall have the right to protest and make a complaint or file a lawsuit.

The reason behind this is that, as mentioned above, regardless of which one of the two options the company chooses to apply, there must be the consent from the employee. Therefore, the company should keep all agreements signed with employees and, where necessary, invite representatives from the grassroot trade unions to attend meetings and witness the signing of the agreements between the company and the employee.

QUESTION: In essence, is a “collaboration contract” a seasonal contract or different from a seasonal contract? Some people claim that collaboration contracts can be freely signed as many times as needed. If so, what is the legal basis for performing multiple signings?

What is the appropriate procedure for signing a collaboration contract to ensure its compliance with the laws?

ANSWER: 1. Pursuant to the provisions of the labor law, there is no definition of “collaboration contract”. Article 22 of the 2012 Labor Code only prescribes 03 types of labor contracts as follows: • Type 1: Indefinite-term labor contract; • Type 2: Definite-term labor contract (from 12 months to 36 months); and • Type 3: A seasonal or job-specific labor contract that has a term of under 12 months (this is the official name designation for a “seasonal contract”).

Accordingly, for jobs that can be completed within a period of less than 12 months or jobs that are only provisional, the parties may enter into the third type of labor contract defined as a “seasonal or job-specific labor contract that has a

term of under 12 months”. However, under the labor law, it is prohibited to enter into a seasonal contract or job-specific labor contract that has a term of under 12 months for the performance of permanent jobs which can last for 12 months or more, except in cases of temporary replacement of employees who take leave for military duty, maternity, sickness, occupational accidents or other temporary leave. Therefore, the nature of the collaboration for each specific job will determine the appropriate type of labor contract applied.

2. The criteria on determining whether a job is “permanent and having a term of 12 months or more” has not yet been clearly defined. Referring to a previous regulation (expired in validity) in Circular No.21/LDTBXH-TT dated October 12, 1996 on guiding labor contracts, “it is understood that a permanent and stable job of over 1 year means a job that has to be performed day by day uninterruptedly for one year or longer”. Therefore, according to this previous regulation, jobs such as road-digging, or item-selling on short-term holidays such as Mid-Autumn Festival, may qualify for designation as “a seasonal or job-specific labor contract that has a term of under 12 months”. However, accounting jobs or permanent jobs associated with the continuous operation of a company would not comply with the said definition and “a seasonal or job-specific labor contract that has a term of under 12 months” cound not be applied (except for cases of temporary replacement of employees who take leave for military duty, maternity, sickness, occupational accidents or other temporary leaves).

3. When a seasonal or job-specific labor contract that has a term shorter than 12 months has expired, and the parties wish an employee to continue his/her work, the two parties must sign a new labor contract. There is no limit to the number of times this labor contract is signed, provided that such signings are not very frequent, and there must be conditions or events that give rise to the occurrence of non-permanent jobs. For example: when the Mid-Autumn season is over, it will be considered the expiration of the labor contract and the labor contract shall be renewed when the next Mid-Autumn season arrives.

4. If an enterprise recruits an employee in the form of a “collaboration contract”, then in the event of a dispute, regardless of the wording of the contract, the court focuses on the nature of the actual job and the actual working relationship between the two parties to determine whether the parties are in compliance with the regulations and fulfilling the conditions under the terms of the contract (or the parties abuse signing this “collaboration contract” for permanent jobs). In practice, collaboration contracts are often abused by companies in the labor relationship (which is the social relationship that arises from hiring, employing, and paying salaries between the employee and company). This is a form of inappropriate implementation of the laws by some enterprises. Upon being detected, fines may be imposed on the enterprise for violations of regulations of signing labor contract (the fines are from VND2,000,000 up to VND40,000,000 depending on the number of employees affected - Article 5 and Article 3, Decree 95/2013/ND-CP as amended and supplemented by Decree No.88/2015/ND-CP). In addition, fines may be imposed on the enterprise for violations of the regulations on paying premiums for the social insurance for employees (maximum fine is VND150,000,000 - Article 26 and Article 3, Decree 95/2013/ND-CP as amended and supplemented by Decree No.88/2015/ ND-CP).

5. Also, it is worth taking note that it is not possible to interpret a “collaboration contract” signed with an individual as a type of “service contract”, as individuals who wish to sign a service contract must first register as a business under provisions of the law.

15

LEGAL UPDATE FROM JULY 24, 2018 TO AUGUST 24, 2018

1. STATUS OF LAW ENFORCEMENT No.

Issuing

Type of

Serial

Date of

Effective date/

authority

document

number

issuance

Implementation

Main extracted contents

date 1

Inspectorate

Decision

Department

2

July 25,

July 25,

Punishment decision on the

2018

2018

administrative violation of la-

of the Minis-

bor against Strategic Marine

try of Labor,

(V) Company Limited.

Invalids and

Click here to see the

Social Affairs

contents.

Inspectorate

Decision

Department

3

51/QDXPVPHC

52/QD-

July 27,

July 27,

XPVPHC

2018

2018

Punishment decision on the administrative violation of

of the Minis-

labor against C&H Production

try of Labor,

Trading Company Limited.

Invalids and

Click here to see the

Social Affairs

contents.

Inspectorate

Decision

Department

53/QD-

July 27,

July 27,

XPVPHC

2018

2018

Punishment decision on the administrative violation of

of the Minis-

labor against Thien Phu Joint

try of Labor,

Stock Company.

Invalids and

Click here to see the

Social Affairs

contents.

2. LEGAL DOCUMENTS

No.

Issuing

Type of

Serial

Date of

Effective date/

authority

document

number

issuance

Implementation

Main extracted contents

date 3. LEGAL DOCUMENTS FOR GUIDANCE AND MANAGEMENT No.

Issuing

Type of

Serial

Date of

Effective date/

authority

document

number

issuance

Implementation date

16

Main extracted contents

4. LEGAL DRAFT No.

Drafting

Type of

authority

document

Version

Date for

Date for ending

commencing

the collection of

the collection

comments

Main extracted contents

of comments 1

Ministry of

Decree

1

August 6, 2018

October 10, 2018

Adjusting the pensions for female employees who shall

Labor, Invalids and

start to receive pensions from

Social Affairs

2018 to 2021.

Click here to see the contents.

2

Ministry of

Circular

1

Labor,

August 14,

October 14, 2018

2018

Guiding the implementation of the management of labor,

Invalids and

salary, remuneration and bo-

Social Affairs

nus for the Credit Guarantee Fund for small-and-medium enterprises.

Click here to see the contents.

3

Ministry of

Decree

1

Labor,

August 16,

October 16, 2018

2018

Prescribing the minimum regional wage for employ-

Invalids and

ees working under labor

Social Affairs

contracts.

Click here to see the contents

4

Ministry of

Decision

1

Labor,

August 19,

October 19, 2018

Amending and supplementing several articles of

2018

Invalids and

Decision No.1465/QD-TTg

Social Affairs

dated August 21, 2013 by the Government on implementing the experimental deposits for employees who work in South Korea under the Program of South Korea’s granting of work licenses for foreign employees.

Click here to see the contents.

5

Ministry of Labor,

Circular

1

August 21, 2018

October 21, 2018

Prescribing the details on activities of occupational safety

Invalids and

and health training.

Social Affairs

Click here to see the contents.

17

R

R

MENDED F OM IR EC

M

D

OMMENDE EC

Highly Ranked 2017

The winer of Dispute Star of the Year 2017

Highly Ranked 2017

EXCELLENT TAX ACHIEVEMENT in the 2017 Fiscal Year

PROFESSIONAL INDEMNITY INSURANCE VALUED AT USD1,000,000 UNDER THE INSURANCE POLICY CONTRACTED WITH QBE INSURANCE (VIETNAM)

LE & TRAN Building No.9, Area 284 Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City.

T: (+84 28) 38 42 12 42/ F: (+84 28) 38 44 40 80 E: info@letranlaw.com/ www.letranlaw.com