Labor Policy, Enterprises Effective from Mid-February 2017

Following the article "Prominent Policies Effective from Early February 2017," Thu Ky Luat would like to introduce to our esteemed members a number of policies in the fields of labor and enterprises that take effect from mid-February 2017 as follows:

  1. Safety and Occupational Health Training Period for 06 Target Groups in the Military

From February 20, 2017, safety and occupational health training activities (ATVSLD) within the Ministry of Defense are to be conducted as stipulated in Circular 02/2017/TT-BQP.

There are 06 target groups participating in ATVSLD training, including:

- Group 1: Persons engaged in command and management roles;- Group 2: Persons engaged in ATVSLD tasks;- Group 3: Workers performing jobs with strict ATVSLD requirements;- Group 4: Workers performing jobs not included in Groups 1, 2, 3, and 5;- Group 5: Persons engaged in medical tasks;- Group 6: Persons participating in the safety and sanitation network.

The minimum initial training duration for the target groups is as follows:

- Group 1 and Group 4: 16 hours, including examination time;- Group 2: 48 hours, including theoretical training, practical training, and examination time;- Group 3: 24 hours, including examination time;- Group 5: 56 hours, including examination time;- Group 6: 4 hours in addition to content already covered in ATVSLD training.

Refer to the framework training program in Circular 02/2017/TT-BQP replacing Circular 143/2014/TT-BQP.

  1. Guidance on Determining Salary and Bonus Funds for Managers

According to guidance in Circular 45/2016/TT-BLDTBXH on labor management, salary, remuneration, and bonuses for Local Development Investment Funds (referred to as the Fund), the determination of salary and bonus funds for Fund managers is executed according to the provisions in Articles 3, 9, 11, 12, 14, 15, 16, 17, 18, and Clauses 1, 3, 4, 5, and 6 of Article 10 Circular 27/2016/TT-BLDTBXH.

When determining salary funds under the aforementioned regulations, profit indicators shall be replaced by total revenue minus total expenses.

Circular 45/2016/TT-BLDTBXH comes into effect from February 15, 2017. The regimes stipulated in this Circular are applied from January 1, 2017.

  1. Businesses Conducting Electronic Game with Prizes Must Have Charter Capital of 200 Billion VND

This content is mentioned in Decree 175/2016/ND-CP (effective from February 15, 2017), amending Decree 86/2013/ND-CP on conducting electronic game with prizes for foreigners (NNN).

It adds the regulation that businesses must have a charter capital of at least 200 billion VND to be granted a Certificate of eligibility to conduct electronic game with prizes for NNN.

From the effective date of Decree 175, the following enterprises may continue their business if:

- Before February 15, 2017, they were granted an Investment Registration Certificate or Business Registration Certificate, which includes electronic game with prizes; or- They have a document from the competent state management agency permitting the business.

  1. Guidance on Determining the Collection Rate of Asset Management Company

Circular 33/2016/TT-NHNN stipulates the collection rate of the Vietnam Credit Institutions' Asset Management Company (referred to as Asset Management Company) for the bad debts purchased with special bonds.

Accordingly:

- The rate on the recovered amount of bad debt purchased by the Asset Management Company with special bonds is stipulated at point i Clause 1 Article 13 Decree 53/2013/ND-CP;- The rate on the remaining principal balance of bad debts purchased by the Asset Management Company with special bonds recorded on the balance sheet is stipulated at point l Clause 1 Article 13 Decree 53.

Circular 33/2016/TT-NHNN is effective from February 15, 2017, and replaces Circular 20/2014/TT-NHNN.

In addition, a series of important documents in various fields will also take effect from mid-February, such as:

  1. Resolution 01/2017/NQ-HDTP on templates in civil procedures issued by the Judicial Council of the Supreme People's Court, effective from February 24, 2017;
  2. Resolution 02/2017/NQ-HDTP on templates in administrative procedures issued by the Judicial Council of the Supreme People's Court, effective from February 24, 2017;
  3. Resolution 04/2016/NQ-HDTP guiding the provisions of the Civil Procedure Code 2015, and the Administrative Procedure Law 2015 on submission, receipt of petitions, documents, evidence, and the issuance, service, notification of procedural documents by electronic means, effective from February 15, 2017;
  4. Circular 30/2016/TT-BXD guiding design - supply of technological equipment, and construction contracts, effective from February 20, 2017;
  5. Circular 28/2016/TT-BGDDT amending the Preschool Education Program as attached to Circular 17/2009/TT-BGDDT, effective from February 15, 2017;
  6. Decree 167/2016/ND-CP on duty-free business, effective from February 15, 2017.

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