Highlight of the Most Notable Documents of the Past Week

1. New Guidelines on Resolving Labor Complaints and Denunciations

The Decree 24/2018/ND-CP stipulates the resolution of complaints and denunciations in the fields of labor, vocational education, Vietnamese workers working abroad under contracts, employment, and occupational safety and hygiene, replacing Decree 119/2014/ND-CP with the following new points:

- The first-time complaint resolution dossier eliminates the Decision to accept the complaint for settlement component;- Additional provisions against the acceptance of complaints under Decree 24 in cases where:- The decision or act being complained about is not directly related to the legitimate rights and interests of the complainant;- The complainant does not have full civil act capacity and does not have a legal representative;- The complaint letter does not have the signature or fingerprint of the complainant;...- From the expiration date of the first-time complaint resolution period, if the complaint is not resolved, the complainant has the right to file a complaint with the competent authority for a second-time resolution within 30 days.

The Decree 24/2018/ND-CP is effective from April 15, 2018.

1. Administrative Penalties in Maritime Sector by 23 New Templates

On February 22, 2018, the Ministry of Transport issued Circular 08/2018/TT-BGTVT, stipulating the use of templates for records and decisions in handling administrative violations (VPHC) in the maritime sector.

From April 15, 2018, handling administrative violations in the maritime sector will apply 23 new templates (including 15 decision templates and 08 record templates). Examples include:

- MQD 01: Decision to penalize administrative violations in the maritime field without making a record;- MQD 02: Decision to penalize administrative violations in the maritime sector;- MQD 03: Coercion decision to implement remedial measures in the maritime field;- MBB 01: Record of administrative violations in the maritime sector;- MBB 02: Record of coercion to implement remedial measures in the maritime field;- MBB 03: Record of temporary seizure of exhibits, means of administrative violations, licenses, professional certificates in the maritime sector.

Depending on specific cases, additional lines may be added to the templates to ensure sufficient content needed when handling administrative violations.

Details of the templates can be found in Circular 08/2018/TT-BGTVT, which repeals Circular 32/2013/TT-BGTVT.

1. Deduct 10% of Fire and Explosion Insurance Money if Loss is Due to Facility's Fault

This is one of the principles of insurance compensation stipulated in Decree 23/2018/ND-CP on compulsory fire and explosion insurance.

The insurance company will consider and resolve insurance compensation based on the following principles:

- The insurance compensation amount for damaged assets shall not exceed the insured amount of those assets (as agreed in the insurance contract, Insurance Certificate), minus the deductible specified in Clause 2, Article 7 of Decree 23;- Deduct up to 10% of the insurance compensation amount if the facility with fire and explosion hazards does not fully and timely comply with the recommendations in the fire safety inspection record of the Fire and Rescue Police Department, resulting in increased damage when a fire or explosion occurs;- No insurance compensation for additional amounts arising from insurance fraud.

Decree 23/2018/ND-CP takes effect from April 15, 2018.

1. Principles of Royalties Payment for Intellectual Property Works

According to the guidelines in Decree 22/2018/ND-CP, the payment of royalties, remuneration, and material benefits for works, sound recordings, and video recordings shall be implemented based on the following principles:

- Ensure the interests of the creators, organizations, individuals exploiting and using the works, and the public, in alignment with the socio-economic conditions of the country;- Depending on the type, form, quality, quantity, or frequency of exploitation and usage, the level of royalties, remuneration, and material benefits shall be determined;- Co-owners of copyright and co-owners of related rights shall agree on the percentage of division of royalties, remuneration based on the degree of creativity and suitable with the form of exploitation and use;- The level of royalties, remuneration, and material benefits shall be clearly stated in a written contract as per legal regulations.

Additional details can be found in Decree 22/2018/ND-CP, which takes effect from April 10, 2018, replacing Decree 100/2006/ND-CP and Decree 85/2011/ND-CP.

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