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Last updated: Tuesday, November 20, 2018

 

Social Security Policies Come into Effect from November 2018

Posted: Wednesday, November 07, 2018

Enterprises with less than 10 employees shall be exempted from sending wage scales and payrolls; enterprises shall set up labour norms as a basis for wage payment for employees who receive wages according to products; support regimes for blood donors are adopted; and enterprises are not allowed to hire employees under 18 years of age to work with equipment emitting radiation. Those are social security policies that are effective from November 2018.

Enterprises using less than 10 employees shall be exempted from sending in wage scales and payrolls
Decree 121/2018/ND-CP dated September 13, 2018 of the Government, effective from November 1, 2018, on the amendment of Decree 49/2013/ND-CP regulates the implementation of some articles of Labour Code on wages, the responsibility for organising the formulation of wage scales, payrolls and labour norms, enterprises shall have to organise the formulation or revision of wage scales and payrolls and labour norms and send them to the district-level state management agencies in charge of labour where production and/or business establishments are located for monitoring and inspection according to regulations. In cases where an enterprise has many units and branches operating in different localities, after building and deciding the wage scales, payrolls and labour norms, it shall send them to the labour state management agencies at the district level, where its units or branches are located, for monitoring and inspection. However, from November 1, 2018, according to Decree 121/2018/ND-CP, "Enterprises using less than 10 employees will be exempted from sending wage scales, payrolls, labour norms to State management agencies of labour at district level where their production and business establishments are located." (Point a, Clause 2, Article 10, Chapter IV - Implementing provisions).

Enterprises shall set up labour norms as a basis for paying salaries to employees who receive wages according to products
Also, under Decree 121/2018/ND-CP on amending and supplementing some articles of Decree 49/2013/ND-CP dated May 14, 2013 by the Government states that the implementation of some articles of Labour Code on wages stipulates that the enterprise establishes labour norms as a basis for paying salaries to employees who receive wages according to products, ensuring certain principles such as labour norms to be implemented for each step the work, each stage and the entire process of producing products and services on the basis of rational scientific organisation and production organisation; the level of labour is established on the basis of the rank of the job or title, in accordance with the level and level of training of the worker, the technological process, the technical standard of the machinery and equipment and the guaranteed labour standards; the level of labour must be an advanced level, ensuring that the majority of workers can do so without extending the standard working time of the enterprise in accordance with the law.

Business households and individuals shall be granted free e-invoices
Decree 119/2018/ND-CP, which takes effect from November 2018, regulates the use of electronic invoices when selling goods or providing services; the tasks and powers of tax administration agencies at all levels and agencies and organisations that get involved in the management and use of electronic invoices; the rights, obligations and responsibilities of agencies, organisations and individuals in the management and use of electronic invoices. Particularly, the tax authorities provide free electronic invoicing services (value added invoices, sales invoices, electronic stamps, electronic tickets, electronic cards, electronic receipts, electronic delivery vouchers, e-vouchers or electronic vouchers, etc.) for entities including: business households and individuals, excluding business households and individuals earning of VND3 billion or more of turnover in the previous year in the fields of agriculture, forestry, industry, construction or earning of VND10 billion or more in trade and services; small and medium enterprises who start their own businesses and individuals that transform into enterprises for 12 months after the establishment of enterprises; small and medium enterprises, cooperatives and individuals doing business in difficult or extremely difficult areas; other small and medium enterprises, at the request of the provincial People's Committees, excluding enterprises operating in economic zones, export processing zones, industrial parks or hi-tech parks.

Enterprises are not allowed to hire employees under 18 years of age to work with equipment emitting radiation
Circular 13/2018/TT-BKHCN dated September 5, 2018, of the Ministry of Science and Technology amending and supplementing some articles of Joint Circular 13/2014/TTLT-BKHCN-BYT dated June 9, 2014, of the Minister of Science and Technology and the Minister of Health, regulates radiation safety in health, effective from November 1, 2018, for medical doctors, nurses, pharmacists, engineers, technicians, and midwives at medical facilities who are directly working with radiation equipment radioactive sources, open radioactive sources or caring for patients treated with radioactive isotopes or working in potentially irradiated areas with doses greater than 1 mSv/year or in the area that exposes to a risk of contaminated discharge radiation. Medical facilities must not use workers under 18 years of age to operate radiation equipment, work with radioactive sources, care for patients treated with radioactive isotopes or work in potentially irradiated areas with doses greater than 1 mSv/year or in areas at risk of radioactive contamination. For people who are sick with radioactive I-131, they are discharged home when radiation levels are estimated to be less than 1100MBq. When the patient is discharged from the hospital, the physician must provide counselling and documentation to the patient about radiation safety requirements for relatives, colleagues and the community.

Ensuring environmental and safety regulations for preschools and kindergartens
This is one of the contents stipulated in the Government's Decree 135/2018/ND-CP dated October 4, 2018, effective from November 20, 2018 on the amendment and supplementation of some articles of Decree 46/2017/ND-CP dated April 21, 2017, of the Government regulating investment conditions and activities in education. Accordingly, preschools and kindergartens must be located in residential areas to ensure the regulations on safety and environmental hygiene and ensure a minimum floor area of 12 m2/child in the delta region, midland and 8m2/child in cities, towns, high mountains and islands; the independent kindergarten are required to have qualified teachers and child care facilities of at least 1.5m2 per child, play area, fence and child safety gate, mats or benches, sleeping beds and blankets for sleeping; in the places where there is no pre-school network available, individuals may organise groups of children but must register with local people’s committees, and the maximum number of children in these groups is only seven.

Support policies for blood donors
Effective from November 1, 2018, the support system for blood donors, including paid blood donation and voluntary blood donation, will be applied in accordance with Circular 20/2018/TT-BYT dated August 30, 2018, of the Ministry of Health amending and supplementing some articles of Circular 05/2017/TT-BYT dated April 14, 2017 of the Minister of Health to set maximum price and costs for the determination of price of whole blood units and standard blood products. Specifically, all blood donors volunteered are selected to receive gifts as medical examination and treatment, instead of just receiving gifts in kind as before. The minimum value of the gift is as follows: VND100,000 per donor for 250ml blood volume; VND150,000 per donor of 350ml blood volume; VND180,000 per donor of 450ml blood volume. The head of the blood-receiving unit is responsible for publicising the list of services and the price quote of each service for blood donors.

Handling of unsafe food which is recalled
The Ministry of Health's Circular 23/2018/TT-BYT dated September 14, 2018, effective from November 1, 2018, regulates the collection and handling of unsafe food. After being recalled, the unsafe food will be handled in one of the following ways: handling labelling errors (applicable to products in breach of labelling compared with self-declaration dossiers or registration dossiers for product publication); changing the use purposes (applicable to infringing products which may affect consumers' health, which cannot be used in food but may be used in other domains); and re-exporting (applicable to imported products of good quality, safety limits not compatible with self-declaration dossiers or registration dossiers of product disclosures or affecting consumers' health), destructing (applicable to products with quality norms or safety limits not compatible with the self-proclaimed dossiers or registration dossiers for product health impacts, cannot change the purpose of use or be re-exported).

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