Headlines 29/12/2018 09:37 SA

04 Notable Decrees coming into force from the beginning of January 2019

Hồng Phương

THƯ VIỆN PHÁP LUẬT would like to introduce 04 notable Decrees coming into force during January 1 – 10, 2019:

1. Minimum wages payable by enterprises from January 01, 2019

Decree No. 157/2018/ND-CP provides for region-based minimum wages, which increase by 160.000 - 200.000 VND/month.

According to the Decree, from January 01, 2019, minimum wages under employment contracts shall satisfy with the following requirements:

- For unskilled workers who performs simplest duties: not smaller than the region-based minimum wage.

- For skilled workers: at least 7% higher than the region-based minimum wage.

Example: The minimum wage of a worker who has a bachelor’s degree, works under normal conditions in district 3 of Ho Chi Minh City, has fulfilled his monthly working hours and duties:

Region-based minimum wage of district 3 + (7% x region-based minimum wage of district 3) = 4.180.000 + (4.180.000 x 7%)  = 4.472.600 (VND/month)

Click here to see the full list of region-based minimum wages.

Decree No. 157/2018/ND-CP comes into force from January 01, 2019.

2. Mandatory disclosure of 07 types of information by employers

On November 07, 2018, the Government promulgated Decree No. 149/2018/ND-CP to amend Clause 3 Article 63 of the Labor Code on workplace democracy.

According to the Decree, the employer has to disclose these 07 types of information:

- Achievement of the organization’s objectives or the organization’s business performance;

- Internal rules and regulations relevant to obligations, the lawful rights and interests of employees;

- The collective bargaining agreement of the enterprise, the industry or other collective bargaining agreements participated in by the enterprise;

- Resolutions of employee assembly;

- Contribution to and use of the commendation funds, benefit funds and other funds contributed by employees (if any);

- Transfer of trade union fees, payment of social insurance, health insurance and unemployment insurance premiums;

- Employees’ performance, rewards, penalties; settlement of complaints relevant to the lawful rights and interests of employees.

Decree No. 149/2018/ND-CP comes into force from January 01, 2019.

3. Cases of suspension of vehicle inspection services

Decree No. 139/2018/ND-CP specifies some cases in which vehicle inspection services will be suspended for 1 – 3 months. For instances:

- An inspection line will be suspended if any of the requirements specified in the Decree or a National Technical Regulation on registration units is not fulfilled;

- Some cases in which the whole inspection system of a registration unit will be suspended:

+ It performs inspection and issue inspection certificates to motor vehicles without compliance with technical regulations and standards, or against its authority;

+ At least 03 times inspectors are suspended or at least 02 inspectors have their inspector certificates revoked within 12 months;

Decree No. 139/2018/ND-CP comes into force from January 01, 2019 and replaces Decree No. 63/2016/ND-CP dated July 01, 2016.

4. Contents of schemes for dissolution of administrative organizations

This is mentioned in Decree no. 158/2018/ND-CP on establishment, reorganization and dissolution of administrative organizations.

The scheme for dissolution of an administrative organization shall contain:

- The necessity and legal basis of the dissolution;

- Plan for settlement of personnel, finance, assets, land and relevant issues;

- Documents of competent authorities verifying the finance, assets, land, loans, debts and relevant issues (if any);

- The deadline and responsibility of the head of the organization and relevant persons for implementation of the dissolution plan.

Decree No. 158/2018/ND-CP comes into force from January 10, 2019.

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