LLR 4

LABOR LAW REVIEW OC TOBER 2 0 18

EMPLOYMENT DISCRIMINATION Financial support for the employee involved with non-occupational accident (Page 8) Injury assessment, investigation, report, allowance/compensation in case of occupational accident (Page 10) Legal Updates from 25/8 to 24/10/2018 (Page 14)

Š2018 LE & TRAN. All rights reserved. We accept no liability for contents and information and printing/producing errors. 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

Ms. Iris Nguyen Thi Xuan Mai Junior Associate iris.nguyen@letranlaw.com

Legal Insight

Employment discrimination To illustrate this topic, let’s see the following cases which relate to gender discrimination (which is the most common type of discrimination):

Case 1:

“Female employee A was selected to participate in an upcoming training course.

However, since said female employee recently discovered that she was pregnant, the company decided instead to send another employee to that training course. The reason being that it would not be beneficial for the company if said female employee finishes the training course but then takes a long maternity leave (06 months) immediately afterwards”.

So the question is: does the company’s action in sending another employee to replace the female employee at the training course constitute discrimination? Is there any violation by the company with the Vietnam labor laws in this case?

Case 2:

“Female employee B applied for a promotion within the company. During the interview with the Board of Management, she is asked about her childcare arrangements and her husband’s new job in another city far away from her workplace. In the end, the promotion was cancelled and no one interviewed was offered a promotion. However, it was learned that the Board of Management decided before the promotion was cancelled that such female employee would not be offered the promotion because it was assumed that she would not be able to balance her personal life and her performance at the new post. Further, it was assumed that her family would be moving shortly to the city where her husband was working because of his new job.”

Is the Board of Management behave in a discriminatory manner?

To determine the outcome of the two above-mentioned cases, the key point is answering to the question: What are the criteria used to identify a “discriminatory action” in order to conclude whether there was a discriminatory action/decision or not?

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Legal grounds “Discrimination” in labor is strictly prohibited (Article 81 , the 2012 Labor Code). However, the prevailing labor law of Vietnam has no regulation that specifies the exact legal definition of “discrimination”. In practice, circumstances constituting “discrimination” are often ambiguous leading employers to be confused as to whether their actions/decisions are discriminatory or not.

It is instructive to refer to other regulations: According to Convention No. 111 – Discrimination (Employment and Occupation) Convention, 1958 of International Labor Organization (ILO) (to which Vietnam is a signatory), “discrimination” includes: • Any distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; • Such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and employees’ organisations, where such exist, and with other appropriate bodies.

Convention No.111 also clearly states that “any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination”.

According to the 2006 Law on Gender Equality of Vietnam, “gender equality indicates that men and women have equal positions and roles; are given equal conditions and opportunities to develop their capacities for the development of the community, family and equally enjoy the achievement of that development”, and “gender discrimination indicates the act of restricting, excluding, not recognizing or not appreciating the role and position of men and women leading to inequality between men and women in all fields of social and family life”.

Although the 2012 Labor Code does not have a specific definition of discrimination, there are some basic provisions which are relevant such as: • Article 34 – Part-time employees: “Part-time employees are entitled to salaries and have the same rights and obligations as full-time employees, and are entitled to equal opportunities and to non-discrimination and assured labor safety and hygiene.”

• Article 57 - Rights and obligations of the hiring party (i.e. the user of outsourcing services): “Not to discriminate between the sub-leased employee and its own employees regarding working conditions.”

• Article 90 – Salaries: “An employer shall pay equal salaries without gender-based discrimination to employees doing a job of equal value.”

• Article 154 – Obligations of employers toward female employees: “To ensure gender equality and implement measures to promote gender equality in recruitment, employment, training, working time, rest time, salaries and other policies.”

All of the above regulations generally prohibit less favorable treatment for reasons related to differences in gen-

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der, race, marital status, etc. in relation to other employees whose circumstances are not materially different.

Article 8.1, the 2012 Labour Code 2012 prohibits: “Discriminating on the basis of gender, race, skin color, social strata, marital status, belief, religion, HIV infection, disabilities or for the reason of establishing, joining trade unions and participating in trade union activities.”

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Criteria for identifying discrimination To prove the existence of discrimination, it is necessary to identify three main factors: (i) there is less favorable treatment; (ii) the less favorable treatment is based on differences in gender, race, marital status and so on; and (iii) the less favorable treatment is not based on the nature of the job requirements.

There is less favorable treatment To prove this factor, the basic questions to be asked are: (i) less favorable treatment compared to who? and (ii) less favorable treatment concerning what?

For the first question (i.e. less favorable treatment compared to who), a comparison is made between the employee alleged to be discriminated against and an employee of the opposite sex whose circumstances are not materially different. For example, in Case 2 above, a comparison is made between female employee B and the male employees who were also interviewed for the promotion by the company. However, it should be noted that not all cases require a similar comparison. For instance, in Case 1 above, it is impossible to compare female employee A with the male employees whose circumstances are not materially different, because female employee A is pregnant and it is unreasonable to invent a pregnant man for comparison purposes.

Thus, in the case of female employee A, it is not required to prove that she was treated less favorably than other employees of the opposite sex.

For the second question (i.e. less favorable treatment concerning what), less favorable treatment may be less favorable in terms of job opportunities, training, salary, bonuses, promotion, payment, social insurance, health insurance, unemployment insurance, working conditions, labor safety, working time, rest time as well as other material and spiritual benefits. In determining the scope of less favorable treatment, it is especially important to decide whether or not there has been actual discrimination. For example, in Case 2, if female employee B argues that she was treated less favorably by proving she did not get the promotion because of her sex, she may have a problem because no one was actually promoted (including the male employees) at the end of the day. However, female employee B may argue that less favorable treatment still occurred by proving that during the interview she was asked about her childcare arrangements and family issues, when (assuming) the same questions were not asked of other male candidates. Accordingly, discrimination may be determined to be present in Case 2.

The less favorable treatment is based on the differences in gender, race, marital status and so on To show discrimination, the less favorable treatment must be based on differences in gender, race, skin color, social strata, marital status, belief, religion and so on (which are provided by law). In other words, the employees would have received the same treatment “but for� such differences. For instance, in Case 1, the only reason that female employee A was turned down for the training course was because she was pregnant; while if she was not pregnant, she would have been selected for the training course. Another typical example that normally happens in family companies is the existence of an unwritten tradition of hiring or appointing men to the most important positions; as the result, it may constitute discrimination when preferring male candidates over female candidates based on the history and tradition rather than the ability, qualifications, and experience of candidates as well as the nature and requirements of the job.

The less favorable treatment is not based on the nature of the job requirements If the less favorable treatment was purely based on the requirements of the job, such less favorable treatment is not considered as discrimination regardless of whether it was related to gender differences (or other differences as mentioned above). For example, referring to Case 1, there is no discrimination by the company if it is determined that participation in the training course may have negatively affected the health of female employee A. Similarly, in Case 2, if the answers to questions about childcare arrangements and family issues were necessary to determine whether or not female employee B qualified for the requirements of the new job after promotion (for example, the new job frequently requires business trips or working at night, etc.), then discrimination may not exist.

The burden of proving nondiscrimination falls on employers When a discriminatory action is taken, the interests of the employees will be violated (for example, such discriminatory action will result in lower salaries or allowances for employees). As such, disputes over discrimination often appear in conjunction with other common labor disputes such as disputes over salaries, allowances, training or labor outsourcing, etc. In the event of such disputes, the employer must prove that any less favorable treatment was based on the nature of the job requirements. This requires the employers to have a clear and transparent labor management system, such as (i) having a well-defined and rational job description that is appropriate to the nature and practical performance of the job; (ii) having transparent policies for salaries and bonuses and providing clear entitlement conditions and payment rates, which have been either noticed to and/or registered with the competent authorities as defined by the law (if any), etc.

It should be noted that in a labor dispute, the burden of proof falls on the employers, not the employees, as specifically stated in Article 91 of the 2015 Civil Procedure Code: • If the involved parties being employees in labor cases cannot provide or submit to the Court materials and evidence because such materials/evidence are being managed or kept by the employer, the employer is required to provide and submit such materials and evidence to the Courts.

• The burden of proof falls on the employer if the employees file a lawsuit over the unilateral termination of a labor contract in cases where the employer is not allowed to do unilateral termination of the labor contract or where the employer is not allowed to impose labor discipline against employees as prescribed in the labor law.

• The involved parties that dispute another persons’ claims against them must make the dispute in writing and must collect, provide and submit to the Courts materials and evidence to prove such counter-allegations.

Administrative sanctions imposed on employment discrimination Currently, administrative sanctions imposed for acts of employment discrimination are stipulated in Decree No.95/2013/ ND-CP (as amended by Decree No.88/2015/ND-CP) such as: • A fine of between VND10,000,000 and VND20,000,000 is imposed on the act of discrimination by gender, race, skin color, social class, marital status, belief, religion, HIV infection, disability in recruitment, employment and management of laborers.

• A fine of between VND1,000,000 and VND2,000,000 is imposed on the hiring party (i.e. the user of outsourcing services) for the act of discriminating between sub-leased employees and its own employees regarding working conditions.

• A fine of between VND6,000,000 and VND10,000,000 is imposed on employers for the act of discriminatory treatment in terms of salaries, working time, or other rights and obligations in the labor relationship in order to prevent laborers from establishing or joining a trade union, or participating in trade union activities.

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Q&A LABOR LAW QUESTION: An employee who is currently in the position of Director has an accident, which is not considered to be an occupational accident. The employee obtains a written confirmation from the hospital that he was undergoing treatment at home. Thus, the salary of the employee is considerably reduced because of his/her absence from work for treatment. The employee raised the question of that the Social Insurance Authority pays an allowance for non-working days, which is only equal to 75% of the social insurance contribution, so how the company settle the difference between such allowance and the salary stated in the labor contract? Please advise the company on this case?

ANSWER: First of all, the fact that the company does not pay for an employee when the employee is covered by the social insurance is in accordance with the law (Article 186.2, the 2012 Labor Code). Therefore, the company should clarify this with the employee so that the employee understands that the company is in compliance with the law. The rights and interests of employee is not violated in this case. [*Note: At present, the monthly salary used for calculating the social insurance premiums include: job-based salary, allowances and other additional amounts stated in the labor contract; in the event that the monthly salary exceeds 20 times the State basic salary, the monthly salary used for calculating the social insurance premiums is equal to a maximum of 20 times the State basic salary (Article 89, the 2014 Law on Social Insurance). Thus, the company should review the salary structure which is used to calculate the social insurance premiums for the said employee to ensure that it is in accordance with the prevailing law.]

Whether the employee is given any additional financial support from the company is at its sole discretion. If the company considers that the employee is seriously disadvantaged due to a reduction of his income; and the company wishes to support the employee with the goal of fostering a long-term employment relationship (which applies not only to the employee involved with accident but also for other current employees), there are various options: Solution 1: Providing financial support by the company’s budget The amount of support will be decided by the company. However, in order for this payment to be considered a deductible expense for the company when it comes to the calculation of corporate income tax, the company should pay close attention to some of the following matters: • Creating an annex to the labor contract involving the payment of the support.

Article 3.2, Circular No.25/2018/TT-BTC regulates the expenses which are not deductible when calculating the taxable income: “Salaries and bonuses for employees of which the conditions for entitlements and rates of entitlement are not specified in one of the following documents: Labor contract; Collective bargaining agreement; Financial regulations

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of the company, corporation or group; the bonus regulations approved by the chairman of the board of management, the general director or

the director in accordance with financial regulations of the company or the corporation”. Therefore, to satisfy these conditions, the company should create an annex to the labor contract which agrees on the payment of the support and includes the specific terms of eligibility and benefit amounts the employee is entitled to receive.

Also, medical treatment documents of the employee should be enclosed with the annex to the labor contract as supporting documents to verify the eligibility of the employee for the payment from the company.

• The amount of the support (along with other welfare expenses) shall not exceed one month’s average salary that is actually paid in during the taxable year of the company.

Pursuant to the provisions of Article 3.4, Circular No.25/2018/TT-BTC, the maximum total amount for welfare expenses directly paid to the employees must not exceed the actual average of one month’s salary in the taxable year of the company. The determination of “the actual average of one month’s salary in the taxable year” shall comply with provisions of Article 6.2.30, Circular No.78/2014/TT-BTC (amended by Article 4, Circular No.96/2015/TT-BTC). The company should refer to these regulations to determine the appropriate amount of support.

Solution 2: Providing financial support by utilizing the grassroots trade union fund In case where the company has set up a grassroots trade union, that grassroots trade union is entitled to retain a part of the trade union contributions (which is contributed by the company to the State trade union fund) and a part of the trade union fees (which is contributed by the employees to the State trade union fund) for use in the activities of the grassroots trade union. The retained percentage will be in line with the annual guidelines of the Vietnam General Confederation of Labor. For example, in 2018: • The trade union contributions: The grassroots trade union is entitled to retain an amount equal to 68% of the total trade union contributions (Section II.2.4, Guideline No.1784/HD-TLD). The monthly trade union contribution by the company is equal to 2% of the salary budget which is used as the basis for calculating the social insurance premiums for employees (this salary budget is the total salary of employees subject to the social insurance contribution in accordance with the law on social insurance) (Article 5, Decree No.191/2013/ND-CP).

• The trade union fees: The grassroots trade union is entitled to retain an amount equal to 60% of the total trade union fees (Official Letter No.906/TLD dated June 12, 2017). The monthly trade union fee paid by the employee is equal to 1% of the salary which is used as the basis for calculating social insurance premiums in accordance with the law on social insurance, but must not exceed 10% of the State basic salary (Article 23.3 of the Regulations on managing trade union’s budget, trade union’s assets, collection and distribution of revenues, and rewards and penalties relating to collection and remittance of trade union revenues and expenditures promulgated together with Decision No.1908/QD-TLD).

The payment of the support to the employees is one of the allowable expenditures of the grassroots trade union fund (Decision No.1910/QD-TLD). However, the amount of the support must comply with the financial regulations of the grassroots trade union. The company should discuss with its grassroots trade union’s executive committee to determine the appropriate amount of support. This option shall not only reduce the financial burden to the company but also help to effectively allocate the trade union fund (which is, in fact, mainly contributed to by the company).

Solution 3: A combination of the two options above The company may consider combining both the company’s fund and the grassroots trade union’s fund.

However, the company should take precautions so that financial support for this specific employee should not (1) create a misconception that the company is favoring certain employees over others and/or (2) create conflicts amongst the working relationship of employees. The Company may consider issuing a policy of financial support, in which specific conditions and the amount of support are clearly stated which will apply to similar circumstances later on. In case the employees do not meet such criteria of eligibility, he or she shall have no grounds to request support from the company, since this policy is generally applicable to all employees.

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QUESTION: An employee has an occupational accident at the workplace (in a warehouse) without any witnesses. The company has already advanced such employee salary and medical expenses from the time of the accident until the present. After the employee has been treated and discharged home, how should the following issues be dealt with: 1. Assessment of injury a. Where will the employee receive an injury assessment? The head-office of the company is in Ho Chi Minh City, and the residential address of the employee is in Binh Duong Province. b. The employee was discharged and continued treatment at home for more than one month. So what time is it determined that the employee’s condition is stable to be eligible for an injury assessment? And on what basis (i.e. the doctor’s written certification or other papers)? c. How is an injury assessment proceeded?

2. Allowance and compensation In addition to the monthly salary and medical expenses paid by the company to the employee and the labor accident allowance paid by Social Insurance Authority thereafter (if any), is it compulsory for the company to compensate the injured employee further?

3. Occupational accident investigation Documents for requesting an injury assessment must include a minutes on occupational accident investigation. The contents of the occupational accident investigation minutes shall identify the occupational accident investigation team and whose fault for causing the occupational accident. Is this minutes made internally by the company or must it involve the participation and confirmation of the competent authority (e.g. Department of Labor - Invalids and Social Affairs)? What are the criteria for determining the fault causing the occupational accident?

4. Reports Does the company have to report the occupational accidents to the relevant authorities?

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ANSWER: 1. Assessment of injury A. In this case (identified above), the employee is considered as taking the very first assessment of his injury.

Pursuant to Article 9.1, Circular No.52/2016/TT-BYT, the provincial Medical Assessment Council shall have the competence to conduct the injury assessment “for persons currently working or residing in those provinces or cities of such provinces”. Thus, the Medical Assessment Council in Ho Chi Minh City (where the employee works) and Binh Duong Province (where the employee resides) both have competence to conduct the injury assessment for the employee. Practically however, based on discussions with a member of the Ho Chi Minh City Medical Assessment Council, the location of taking injury assessment will normally be determined by the location of the Social Insurance Authority with that the company has registered to pay social insurance contributions for its employees (this is due to the fact that the Social Insurance Authority pays the occupational accident allowances (if any) to employees). E.g., if the company pays social insurance contributions for its employees at the Social Insurance Authority of a district in Ho Chi Minh City, the employee will be assessed for injuries by the Ho Chi Minh City Medical Assessment Council.

B. Regarding the determination of the time when the employee’s condition is fully stable for proceeding with an injury assessment, the Medical Assessment Council shall base on his/her hospital discharge papers or a medical records summary to identify the condition of injury assessment. In consultation with a member of the Medical Assessment Council of Ho Chi Minh City, in common, the employees who are injured in an occupational accident will be eligible for an injury assessment when they have completed their treatment, been discharged and have no further appointment for re-examination.

It should be noted that if an employee is identified as an occupational accident victim whose condition cannot become stable though receiving treatment, the medical records summary must clearly indicate this occupational injury condition (Article 5.1.d, Circular No.56/2017/TT-BYT). At that time, the employee is entitled to be proceeded with the injury assessment before or during the treatment process (Article 47.1.c, the 2015 Law on Occupational Safety and Hygiene.

C. Documents and procedures for the first injury assessment are implemented in accordance with Circular No.56/2017/TT-BYT and Circular No.52/2016/TT-BYT. - Competent authority: The Medical Assessment Council at provincial level.

- Required documents (Article 5.1, Circular No.56/2017/TT-BYT): • Letter of introduction of the company.

• Original or certified copy of the Injury Certificate issued by the medical establishments (where first aid and treatment for the employee occurred).

• Original or certified copy of the Minutes on occupational accident investigation.

• Hospital discharge papers complying with the form provided by the Minister of Health or the medical records summary. In case where the employees are not inpatient or outpatient, they must present papers on medical examination and treatment of injuries corresponding with the time of the occupational accident and the injuries required for assessment. If the injured employee’s condition cannot become stable though receiving treatment, the medical records summary must clearly indicate this occupational injury condition.

• One of the following documents (with the employee’s photo): Identity card; Citizen card; Passport (still valid). In the event that the employee does not have the above-mentioned papers, a Confirmation (affixed seal with the employee’s photo) of the Police at commune level which is granted within 3 months prior to the time of application for injury assessment must be obtained.

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- Procedures (Articles 16 - 21, Circular No.52/2016/TT-BYT): After receiving the application for conducting an injury assessment, the Medical Assessment Council shall execute the following basic steps: • The doctor receives the file and cross-checks the information of the employee.

• The doctor who receives the file conducts a general examination and obtain the approval from his manager for specialized examination in consistent with the application.

• Specialized examiners conduct the specialized examination and reach conclusions.

• Conducting the Medical Assessment Council’s meeting.

• Issuing the Medical Assessment Minutes (within 10 working days from the date having a conclusion of the Medical Assessment Council).

- Processing time: This is dependent on how serious the injury of the employee is. The company should contact the Medical Assessment Council for a detailed consultation.

2. Allowance and compensation The amounts that a company must pay to employees when an occupational accident occurs are prescribed in Article 145, the 2012 Labor Code and Article 38, the 2015 Law on Occupational Safety and Health.

Accordingly, in addition to salaries, medical expenses, etc., the company will have to compensate or pay an allowance to the employees depending on the determination of the employee’s fault with regard to the occurrence of the occupational accident, specifically: A. If the accident is not caused by the fault of the employee, or if it is partly due to the fault of the employee, the employee shall be compensated by the company. The amount of compensation shall depend on the level of reduction in working capacity: Level of reduction

in working capacity

Lowest amount of compensation

1

Under 5%

No compensation

2

From 5% to 10%

1.5 times the monthly salary

From 11% to 80%

1.5 times the monthly salary for the first 10% + 0.4

3

times the monthly salary for each 1% increment starting from the rate of 11%

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From 81% and above or the death of

30 times the monthly salary

the employee

B. If the accident is entirely caused by the fault of the employee, the employee shall receive an allowance from the company equal to at least 40% of the abovementioned compensation (equivalent to the rate of reduction in working capacity).

Further references to determination of occupational accidents and financial responsibilities when the accidents occurred can be found in LeTran’s article here.

3. Occupational accident investigation

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When occurring an occupational accident, it is mandatory to form an Investigation Team to conduct an investigation of the accident. Depending on the severity of the accident, the composition of the Investigation

Team as well as the authority to form the Investigation Team will vary. In the event that the occupational accident cause minor injury(ies) to the employee(s), or major injury to one employee, the Investigation Team shall consist of: (1) a representative of the company (Head of Team), (2) a representative of executive committee of the grassroots trade union, or a representative of the collective employees in case a grassroots trade union has not been established, (3) occupational safety experts, (4) medical work experts, and (5) other members (if necessary).

After the investigation, the Investigation Team will create an Investigation Report and announce this Report at the meeting chaired by the Head of the Investigation Team and the participants including the members of the Investigation Team, the representative of the company, the representative of the trade union organization, the victim or the representative who is the family member of the victim as well as witnesses or any persons that were involved in the accident (in case of fatal occupational accident, it must include a representative of the Public Security and the People’s Prosecutor at the same level). After the announcement, the Report must be sent to the Inspector of Department of Labor - Invalids and Social Affairs where the company is headquartered and the Inspector of Department of Labor - Invalids and Social Affairs where the accident was occurred.

The identification of fault shall be based on the evidence and facts collected during the investigation. The Investigation Team and the Head of the Investigation Team will be responsible for their decision.

The investigation process is detailed in Article 35, the 2015 Law on Occupational Safety and Hygiene and Articles 11, 12, 13, 16 & 18, Decree No.39/2016/ND-CP. 4. Reports Occupational accidents are required to be reported periodically to the Department of Labor - Invalids and Social Affairs where the company’s headquarters is located. There are two phases including (i) the 6-month report that is annually submitted before July 5 and (ii) yearly report that is submitted before January 10 of the next year. Reports are submitted via one of the following ways: in person, via fax, mail post or email. Report form is stipulated in Annex XII, Decree No.39/2016/ND-CP. However, in the following cases the company needs to report the accident immediately (in person or via phone, fax, official telegram, email): • The accident causes major injuries to 02 employees or more report to the Inspector of Department of Labor - Invalids and Social Affairs where the accident was occurred.

• Fatal accident report to the Inspector of Department of Labor - Invalids and Social Affairs as well as the provincial public security where the accident was occurred.

The contents of report shall be followed the template provided in Annex III, Decree No.39/2016/ND-CP. Definitions of “fatal occupational accident”, “occupational accident causing major injuries to employees” and detailed provisions of reporting on occupational accidents, periodic reports are provided in Article 34, the 2015 Law on Occupational Safety and Hygiene and Article 9, 10 & 24, Decree No.39/2016/ND-CP.

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LEGAL UPDATES FROM AUGUST 25, 2018 TO OCTOBER 24, 2018 1. STATUS OF LAW ENFORCEMENT No.

Issuing authority

1

Inspectorate Department of the Ministry of Labor, Invalids and Social Affairs (MOLISA)

2

Inspectorate Department of MOLISA

3

Inspectorate Department of MOLISA

Type of document

Serial number

Date of issuance

Effective date/ Implementation date

Main contents

Inspection

From

July 16,

July 16,

Inspection conclusions of the

conclusion

339/KL-TTr to 342/KL-TTr

2018

2018

observance of the labor legislation on labor, labor safety and hygiene, and social insurance by Petrolimex Petrochemical Corporation – JSC and its affiliates.

Click here to see the contents.

Inspection conclusion

From 345/KL-TTr to 372/KL-TTr

August 15, 2018

August 15, 2018

Inspectorate conclusions of the observance of legislations on social insurance, unemployment insurance, health insurance at several enterprises in Ba Ria - Vung Tau Province.

Click here to see the contents.

Inspection conclusion

398/KL-TTr 399/KL-TTr

August 29, 2018

August 29, 2018

Inspectorate conclusions of the observance of legislations on Vietnamese employees working overseas under contracts at 02 enterprises in Ha Noi City.

Click here to see the contents.

4

14

Inspectorate Department of MOLISA

Inspection conclusion

From 400/KL-TTr to 427/KL-TTr

August 30, 2018

August 30, 2018

Inspectorate conclusions of the observance of legislations on social insurance, unemployment insurance, health insurance at several enterprises in Nam Dinh Province.

Click here to see the contents.

5

Inspectorate Department of MOLISA

Inspection conclusion

From 428/KL-TTr to 437/KL-TTr

August 31, 2018

August 31, 2018

Inspection conclusions of the observance of the labor legislation by Airports Corporation of Vietnam and its subsidiaries and affiliates.

Click here to see the contents.

6

Inspectorate Department of MOLISA

Inspection conclusion

439/KL-TTr 440/KL-TTr

September 14, 2018

September 14, 2018

Inspectorate conclusions of the observance of legislations on Vietnamese employees working overseas under contracts at enterprises in Ha Noi City.

Click here to see the contents.

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Inspectorate Department of MOLISA

Inspection conclusion

From 441/KL-TTr to

September 21, 2018

September 21, 2018

Inspectorate conclusions of the observance of legislations on social insurance,

450/KL-TTr

8

Inspectorate Department of MOLISA

Inspection conclusion

From 454/KL-TTr to 471/KL-TTr

No.

Issuing authority

Type of document

Serial number

1

Government

Decree

121/2018/ ND-CP

unemployment insurance, health insurance at several enterprises in Son La Province.

Click here to see the contents.

October 04, 2018

October 04, 2018

Inspectorate conclusions of the observance of legislations on labor safety and hygiene at several enterprises in Ho Chi Minh City.

Click here to see the contents.

Date of issuance

Effective date/ Implementation date

Main contents

September 13, 2018

November 01, 2018

Amending and supplementing several articles of Decree No.49/2013/ND-CP of the Government dated May 14, 2013 detailing the implementation of several articles of the Labor Code on salaries.

Click here to see the contents.

2. LEGAL DOCUMENTS

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2

Government

Decree

140/2018/ ND-CP

October 08, 2018

October 08, 2018

Amending and supplementing several Decrees related to business investment conditions and administrative procedures within the scope of State management of MOLISA. Click here to see the contents.

3

Government

Decree

143/2018/ ND-CP

October 15, 2018

December 01, 2018

Detailing the Law on Social Insurance and the Law on Labor Safety and Hygiene on compulsory social insurance for foreign employees currently working in Vietnam.

Click here to see the contents.

4

Government

Decree

146/2018/ ND-CP

October 17, 2018

December 01, 2018

Detailing and guiding the implemention of several articles of Law on Health Insurance.

Click here to see the contents.

5

Government

Decree

148/2018/ ND-CP

October 24, 2018

December 15, 2018

Amending and supplementing several articles of Decree No.05/2015/ND-CP of the Government dated January12, 2015 detailing and guiding the implementation of several contents of the Labor Code.

Click here to see the contents.

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MOLISA

Circular

17/2018/ TT-BLDTBXH

October 17, 2018

January 01, 2019

Regulations on selfassessment of observance on labor legislations by enterprises.

Click here to see the contents

3. LEGAL DOCUMENTS FOR GUIDANCE AND MANAGEMENT

16

No.

Issuing authority

Type of document

Serial number

Date of issuance

Effective date/ Implementation date

1

Social Insurance of Ho Chi Minh City

Official Letter

1904/ BHXH-CD

September 27, 2018

September 27, 2018

Main contents

On granting sickness allowances.

Click here to see the contents

2

Health Environment Management Agency

Official Letter

1126/MT-LD

October 01, 2018

October 01, 2018

Announcing the list of agents qualified for labor environmental monitoring.

Click here to see the contents.

4. LEGAL DRAFT No.

Drafting authority

Type of document

Version

Commencing date for the collection of comments

Last date for the collection of comments

Main contents

1

MOLISA

Decree

1

September 07, 2018

November 07, 2018

Amending and supplementing several articles of Decree No.28/2015/ND-CP of the Government dated March 12, 2015 detailing the implementation of several articles of the Law on Employment regarding unemployment insurance.

Click here to see the contents.

2

MOLISA

Decision

1

September 07, 2018

November 07, 2018

Determining the financial amounts of vocational training support given to employees covered by unemployment insurance.

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3

MOLISA

Circular

1

September 26, 2018

November 26, 2018

Amending and supplementing several articles of Circular No.59/2015/TT-BLDTBXH of the Minister of MOLISA dated December 29, 2015 detailing and guiding the implementation of several articles of the Law on Social Insurance concerning compulsory social insurance.

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4

MOLISA

Law

1

October 18, 2018

December 18, 2018

Amending and supplementing several articles of Law No.72/2006/ QH11 on Vietnamese employees working overseas under contracts.

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17

R

R

MENDED F OM IR EC

M

D

OMMENDE EC

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