Highlights of Legal Documents Last Week (from November 26, 2018, to December 1, 2018)

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1. New regulations on priority points for official recruitment

The Government of Vietnam recently approved Decree 161/2018/ND-CP amending and supplementing regulations on the recruitment of officials and public employees, promotion, rank upgrade of public employees, and implementation of contract policies for certain tasks in state agencies.

Effective from January 15, 2019, the subjects eligible for priority points in official recruitment under the new regulations are as follows:

- Heroes of the Armed Forces, Labor Heroes, war invalids, persons entitled to policies like type B war invalids: Awarded an additional 7.5 points to the test score in round 2;- Ethnic minorities, army officers, police officers, professional soldiers, persons working in cryptographic work who transfer to other sectors, children of martyrs, children of war invalids, etc.: Awarded an additional 5 points to the test score in round 2;- Persons who have completed military service, serve for a definite period in the People's Public Security Forces, youth volunteers, young intellectual volunteers participating in rural and mountainous development for 24 months or more and have completed their tasks: Awarded an additional 2.5 points to the test score in round 2.

1. Mandatory Social Insurance contribution rates for foreign workers in Ho Chi Minh City

According to the guidance in Official Dispatch 2446/BHXH-QLT dated November 29, 2018, of the Social Security of Ho Chi Minh City regarding the mandatory participation in Social Insurance for foreign workers:

From December 1, 2018: Employers contribute monthly based on the employee's monthly salary on which Social Insurance is calculated, including:

- 3% to the sickness and maternity fund;- 0.5% to the labour accident and occupational disease fund.

From January 1, 2022: Employers contribute monthly:

- 3% to the sickness and maternity fund;- 0.5% to the labour accident and occupational disease fund;- 14% to the retirement and survivorship fund.

Employees contribute monthly: 8% of the monthly salary to the retirement and survivorship fund.

The monthly salary on which Social Insurance is calculated includes the salary, salary allowances, and other additional amounts prescribed in Article 30 of Circular 59/2015/TT-BLDTBXH.

1. Dossier for issuing the Certificate of food safety eligibility

On November 15, 2018, the Ministry of Industry and Trade issued Circular 43/2018/TT-BCT regulating food safety management under the responsibility of the Ministry of Industry and Trade.

The dossier for applying for a Certificate of Food Safety includes:

- Application form (as per Form No. 01a attached to the Circular annex);- Explanatory report on the facilities, equipment, and tools ensuring food safety conditions as per Form No. 02a (for production facilities), Form No. 02b (for business facilities), or both Form No. 02a and Form No. 02b (for facilities both producing and trading);- Health certificate/Composite list of health certificates of the facility owner and those directly producing or trading food products issued by a district-level or higher medical facility (certified copy by the facility);- Certificate of food safety training/Certificate of food safety knowledge of the facility owner and those directly producing or trading food products (certified copy by the facility).

Circular 43/2018/TT-BCT takes effect from January 1, 2019.

1. Forms used in the one-stop-shop process at the One-Stop-Shop Division

The Office of the Government of Vietnam has issued Circular 01/2018/TT-VPCP guiding Decree 61/2018/ND-CP on the implementation of the one-stop-shop, interconnected one-stop-shop mechanism in handling administrative procedures.

Circular 01 prescribes the forms used in the process of resolving administrative procedures at the One-Stop-Shop Division, including:

- Form No. 01: Form for receiving dossiers and scheduling the return of results;- Form No. 02: Form for requesting supplementation and completion of dossiers;- Form No. 03: Form for refusing to accept and resolve dossiers;- Form No. 04: Form for apologies and rescheduling the return of results;- Form No. 05: Form for controlling the dossier resolution process;- Form No. 06: Form for tracking dossiers.

The aforementioned forms must ensure compliance with several requirements such as:

- They must be recorded on the electronic one-stop-shop information system, printable, and retainable for retrieval.- Information about administrative procedures in Form No. 01 and Form No. 06 is extracted from the National Database on Administrative Procedures; information about citizens and businesses is extracted from the National Database on Population and the National Database on Business Registration.- Apart from automatically integrated information, Vietnamese officials and public employees must complete, clearly, accurately, and fully the requirements in the forms during the guidance, receipt, resolution, and return of administrative procedure results.- They must be digitally signed as per the current laws on digital signatures.

Details of the forms can be found in Circular 01/2018/TT-VPCP, effective from January 6, 2019.

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