Policies on labour and trade coming into force from the middle of April, 2018

1. Employment litigation involving sending of workers abroad

This is the most noticeable content of the Decree No. 24/2018/ND-CP on settlement of complaints and denunciations in the fields of labour, vocational education, sending of Vietnamese employees to work abroad under labour contracts, employment, occupational safety and hygiene.

According to the Decree, procedures for lodging complaints about sending of Vietnamese employees to work abroad under labour contracts are as follows:

- File the first-tier complaint to the complaint handling officer or make the complaint to the court;

- File the second-tier complaint or make the complaint to the court if the complainant is not satisfied with the outcome of handling the first-tier complaint;

- Make the complaint to the court if the complainant is not satisfied with the outcome of handling the second-tier complaint or the complaint is not handled within the required time limit; 

If the respondent is not satisfied with the outcome of handling the second-tier complaint, he/she has the right to initiate the administrative lawsuit to the court.

Further details are available in the Decree No. 24/2018/ND-CP coming into force from April 15, 2018.

2. Taxation policies on transfer of motor vehicles of entities enjoying privileges in Vietnam

Decision No. 10/2018/QD-TTg dated March 01, 2018 provides amendments to the Decision No. 53/2013/QD-TTg on temporary import, re-export, destruction, and transfer of motor vehicles and two-wheeled mopeds of entities enjoying diplomatic immunity and privileges in Vietnam.

According to the Decision, taxation policies on transfer of motor vehicles of these entities are as follows:

- Regulations on import duties applied to second-hand motor vehicles prescribed in Decree No. 122/2016/ND-CP and Decree No. 125/2017/ND-CP shall apply;

- The date of transfer associated with these entities is the date on which the use purpose of the vehicle is changed according to the transaction papers made between the buyer and the vehicle owner;

The date of transfer associated with diplomatic officials, administrative and technical coordinators of diplomatic missions must also correspond to the expiration of term of office of vehicle owner in Vietnam.

- These entities shall declare and pay taxes and fees as prescribed.

The Decision No. 10/2018/QD-TTg is coming into force as from April 20, 2018.

3. Promulgation of 24 forms used in commercial mediation

On February 26, 2018, the Ministry of Justice promulgated the Circular No. 02/2018/TT-BTP providing guidance on forms used in commercial mediation.

24 forms used in commercial mediation are issued together with the Circular, including:

- The application form for accreditation as ad hoc commercial mediator;

- The application form for establishment of a commercial mediation center;

- The application form for addition of commercial mediation activities of an arbitration center;

- The record of commercial mediation activities;

- Mediators record;

- The records of mediation remunerations.

This Circular also provides for reporting on commercial mediation as follows:

- Each of commercial mediation institutions and Vietnam-based branches or representative offices of foreign commercial mediation institutions shall submit annual reports on its organization and commercial mediation activities to the Department of Justice of province where the its head office is located.

- An annual report presents the period from January 01 to December 31 and includes:

+ Actual data obtained from January 01 to October 31 inclusively; and

+ Estimated date obtained from November 01 to December 31 inclusively.

- Annual reports must be submitted by November 15.

The Circular No.02/2018/TT-BTP is coming into force from April 20, 2018.

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