New policies of Government and Ministries taking effect as from July, 2016.

1. Guiding the implementation of compensation and allowance regimes for laborers getting labor accidents or occupational diseases

The Ministry of Labor, Invalids and Social Affair (MOLISA) has just issued Official Letter No. 2533/LDTBXH-ATLD regarding provisional guidance on the implementation of compensation and allowance regimes for laborers getting labor accidents or occupational diseases in accordance with Law on Labour Safety and Hygiene of 2015 (LLSAH 2015). The dedails are as follows:

a. With respect of the employee enjoying the allowance for labor accidents or occupational diseases or having the treatment of labor accidents or occupational diseases finished and discharged from hospital before 01 July 2016:

– The implementation is as promulgated by Law on Social Insurance 2014 and its guidelines on occupational accidents and occupational diseases issued before 01 July 2016.

– Payment of the costs for assessment of physical work capacity is in compliance with Point b, Clause 1, Article 45 of the Law on Social Insurance 2014 in case where the assessment conclusion of Medical Examination Council dated from 1 January 2016 to 01 July 2016 states that such employee is eligible for compensation and allowance.

b. With respect of the employee having the treatment of labor accidents or occupational diseases finished and discharged from hospital as from 01 July 2016 onwards:

– The conditions, rate, application and duration to settlle compensation and allowance  payment is under Article 45, 46, 48, 49, 50, 51, 52, 53, 54, 57, 58, 59, 60 and 61 of LLSAH 2015.

– Payment of the costs for assessment of physical work capacity is in compliance with Clause 1, Article 42 of LLSAH 2015 in case where the assessment conclusion of Medical Examination Council dated from 01 July 2016 onwards states that such employee is eligible for compensation and allowance.

Please refer to the details in Official Letter No. 2533/LDTBXH-ATLD dated 07 July 2016.

2. Late registering the amendment of business certificate: a fine up to VND 15 million

This is a content of Decree No. 50/2016/ND-CP dated 01 June 2016 stipulating the sanction of administrative violations in planning and investment sectors.

In addition to the fine, the violating enterprises shall intermediately register amendment of business certificate as prescribed.

This Decree also sets out other remarkable regulations, such as:

– A fine of between VND 10-20 million for the violation that not registering the change of charter capital with business registration authority if the charter capital is not fully contributed as registered in business certificate.

– Business-owning households regularly employing 10 or more workers shall be fined between VND 03-05 million; intermediately establish and register company in accordance with Law on Enterprise 2014.

This Decree comes into force on 15 July 2016.

3. Conditions for transporting hazardous, infectious materials

The Government issued Decree No. 60/2016/ND-CP on 01 July 2016 promulgating conditions for business and investment in natural resources and environment sectors.

Accordingly, to transport dangerous goods which are hazardous, infectious substances, the driver must meet the following conditions:

– Having a valid driving licence to drive the vehicle of the same type stated in dangerous goods transportation licence.

– Having one of the following training certification:

+ Being well-trained and having a valid Hazardous, Infectious Substance Transportation Training Certification issued by the Ministry of Natural Resources and Environment.

+ Being well-trained and having a valid Chemical Safety or Dangerous Goods Transportation Training Certification issued by a competent authority.

+ Graduating from vocational school with post-secondary education on chemical.

The Decree No. 60/2016/ND-CP comes into effect as from 01 July 2016.

4. Supports to infrastructure investment and development

Pursuant to Circular No.15/2016/TT-BNN dated 10 June 2016, agricultural cooperatives shall be granted with supports to investment and development of the following facilities:

– Office space.

– Drying grounds, warehouses and agricultural material stores.

– Preliminary treatment and processing workshops.

– Public utility, markets.

– Irrigational works and inland transport in sectors of agriculture, forestry and salt production.

– Regional infrastructure for raising of aquatic animals.

Circular No. 15/2016/TT-BNNPTNT takes effect as of 25 July 2016.