New regulations take effect from November 2015

Detailed guidelines for Law on Real Estate Trading

Decree 76/2015/NĐ-CP implements the Law on Real Estate Business 2014 and takes effect from 1 November 2015. The Government states that real estate companies must have a minimum legal capital of VND 20 billion, instead of VND 6 billion as before (except for small-scale or irregular transactions of real estate sale, transfer, lease, or lease purchase)

Any operating real estate enterprise failing to satisfy requirement pertaining to legal capital prescribed in this Decree is entitled to keep operating, provided that it must satisfy such requirement before July 1, 2016.

The purchaser of a contract for sale of an off-the-plan house or the lessee of a contract for lease purchase of an off-the-plan house may transfer such contract to another organization or individual (regardless of actual transfer) provided that the application for issuance of certificate has been not submitted to the competent agency.

Every contract for sale, transfer, lease, lease purchase of real estate, transfer of project, and every transfer agreement concluded before the effective of this Decree shall remain their validity and it is not required to comply with templates of contract and procedures prescribed in this Decree.

Annual and mid-term investment plans

Accordingly, appraisal application form for mid-term investment plan includes: Proposal for mid-term public investment plan; Report on mid-term public investment plan as regulated in Article 5 of this Decree; Internal Appraisal Report of the Agency/Unit; Decision of authorized agency on approving the investment intention, Investment Decision on new programs, new projects; Comments of the corresponding People’s Council or Standing People’s Council for Draft of mid-term public investment plan submitted by corresponding People’s Committee as guided in Law on Public Investment and other provisions of this Decree; Other relating documentation (in case).

Decree 77/2015/NĐ-CP takes effect from Nov 1^st, 2015.

Issuance time of Certificate of Enterprise Registration reduce to 3 working days

Decree 78/2015/NĐ-CP on Enterprise Registration takes effect from Nov 1^st, 2015.

Time reduction for the issuance of Certificate of Enterprise Registration, Confirmation letter on amendments to the enterprise registration of Business Registration Division from 05 working days down to 03 working days since the eligible application is submitted; If the application is not satisfactory, Business Registration Office shall inform the applicant of necessary revisions and supplementation within 03 working days from the receipt of the application.

Business Registration Office must include every necessary revision and supplementation to the application in a notification.

After the aforementioned deadline, if the certificate of enterprise registration or certificate of change of enterprise registration information is not issued or enterprise registration information on National Enterprise Registration Database is not changed, or no notification of necessary revisions and supplementation to the application for enterprise registration is received, the enterprise or its founder is entitled to lodge a complaint as prescribed by regulations of law on complaints and denunciation.

Supervision and assessment on investments

Decree 84/2015/NĐ-CP dated Sep 30^th 2015 of the Government on supervision and assessment of investment define following provisions: supervision and assessment entities; investment supervision and assessment principles; supervision and assessment of programs, investment projects using the State budget, PPP projects, and projects using other capital source; supervision and assessment of oversea investment projects; general supervision and assessment of investments; public supervision; cost of supervision and assessment; capacity requirements of supervision and assessment entities; implementation of supervision and assessment and terms of implementation.

Purchase duty-free goods sold on outbound and inbound airplanes

According to Decision 39/2015/QĐ-TTg, from November 1^st 2015, Passengers purchasing duty-free goods sold onboard international flights to Vietnam must present passports and boarding pass;

Flight attendants must fully record information such as name of passengers purchasing the goods, passport number, flight number and seat number.

After entry procedures are completed, flight attendant team shall carry out compilation of vouchers and information related to duty-free goods purchasers and transfer to enterprises selling duty-free goods for entering data into the intranet management software system connected with customs authority.

Entry passengers or passengers aboard international flights to Vietnam may purchase duty-free goods within the limit of duty exemption as prescribed in the Prime Minister’s Decision No. 31/2015/QD-TTg dated August 04, 2015 on limits of luggage, movables, gifts, donations and sample goods eligible for tax exemption, tax exemption consideration and non-taxable status.

See detail provisions on Decision 39/2015/QĐ-TTg amendments and supplements to the statute on trading duty-free goods enclosed with the Prime Minister’s Decision 24/2009/QĐ-TTg dated February 17, 2009 and Decision 44/2013/QĐ-TTg dated July 19, 2013.

Visa exemption for Vietnamese people residing overseas

According to Decree 82/2015/NĐ-CP dated September 24th 2015 on visa exemption for Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens:

Overseas Vietnamese must have a passport or another international travel document that is still valid for at least one more year, and any papers that can be used as proof of their Vietnamese origin or foreigners who are spouses, children of Vietnamese people.

Visa exemption are not applied to suspension cases specified in Article 21 and Article 28 of Law on Immigration and residence of foreigners in Vietnam.

New policies for female employees

Decree No. 85/2015/ND-CP dated October 01, 2015 of the Government details a number of articles of the Labor Code in terms of policies for female employees, including representatives of female employees; female employees’ right to work equally; improvement of working conditions and healthcare services for female employees; right to unilaterally terminate/suspend labor contracts of pregnant employees; employers’ assistance in the establishment of kindergartens/nursery schools or subsidies on the costs of kindergartens/nursery schools; establishment of kindergartens/nursery schools in workplaces where there are many female employees, and policies on subsidies for employers.

Amended penalties for administrative violations against regulations on employment

Decree 88/2015/NĐ-CP dated Oct 7^th 2015 of the Government on amendments to the Government’s Decree 95/2013/ND-CP dated August 22, 2013 on penalties for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers, takes effect from November 1^st 2015.

A fine of from VND 45,000,000 to VND 60,000,000 shall be imposed upon any employment agency that provides employment services without an employment service license issued by a competent authority or uses an expired employment service license.

In this case, the employer must return the employee with the collected employment service fee.

A fine of from VND 1,000,000 to VND 10,000,000 shall be imposed for the act of discrimination by gender, skin color, social class, marital status, belief, religion, HIV infection, impairment in recruitment, employment, and worker management.

Violations against regulations on conclusion of employment contracts shall be fined from VND 1,000,000 to VND 25,000,000

Maximum fine of VND 150 million to administrative violations against regulations on vocational education.

The Provision is specified in Decree 79/2015/NĐ-CP on Penalties for administrative violations against regulations on vocational education which takes effect from November 1^st 2015. The Government defines a maximum fine of VND 75 million to individuals and VND 150 million to organizations.

Fines for establishing a vocational education institution or vocational education quality control organization without permission by a competent authority:

– From VND 40,000,000 to VND 80,000,000 if the institution/organization established is a vocational education center or vocational education quality control organization, or vocational secondary school;

– From VND 80,000,000 to VND 100,000,000 if the institution is a college.

A fine of VND 20,000,000 maximum shall be imposed for forging vocational education qualifications, thus, Violations against regulations on use and publishing of information about issuance of vocational education qualifications shall be fined as follow:

– A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to update and publish information about issuance of vocational education qualifications on the website or at the headquarter, campuses of the vocational education institution.

– A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for allowing another person to use one’s vocational education qualification or using vocational education qualification of another person.

– A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for using a vocational education qualification that is falsified but is not liable to criminal prosecution.

– A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for buying, selling, using forged vocational education qualifications that is not liable to criminal prosecution.

– A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for forging vocational education qualifications that is not liable to criminal prosecution.

Support for basic training courses and training courses shorter than 03 months

Decision 46/2015/QĐ-TTg dated September 28^th 2015 on policies on support for basic training courses and short-term training courses takes effect from Jan 01^st 2016, which includes: subsidies on training costs; allowance for living costs, and organization of implementation of policies for support for basic training courses and short-term courses.

Regulated entities includes: females, rural workers, disabled people who take basic training courses and short-term courses; priority shall be given to disabled people and beneficiaries of benefits for meritorious persons, people from ethnic minorities, members of poor households, members of households whose agriculture land or business land is withdrawn, laid off female workers , fishermen; relevant agencies, organizations, and individuals.

Publishing of information about state-owned enterprises

Decree 81/2015/NĐ-CP on publishing of information about state-owned enterprises takes effect from November 11^th 2015.

Requirements for information provision: Every enterprise must make a report on the administration and organizational structure of the enterprise according to Appendix VIII enclosed herewith. The enterprise shall publish the report on its website or web portal, send it to the representative agency and the Ministry of Planning and Investment by June 20 of the year succeeding the reported year.

The representative agency shall publish the report on its website or web portal within 05 working days from the day on which it is received from the enterprise.

The Ministry of Planning and Investment shall publish the report on www.business.gov.vn within 05 working days from the day on which it is received.

Decree 81/2015/NĐ-CP replaces Decision 36/2014/QĐ-TTg.