1. CYBERSECURITY LAW 2018
“Cybersecurity Law introduced into effect for the first time“
The Cybersecurity Law 2018 has been passed by the National Assembly on 12/06/2018, and takes effect as of 01/01/2019.
Accordingly, the Cybersecurity Law 2018 provides for protection of national security, public order and safety in cyberspace; and the responsibilities of relevant authorities, organizations and individuals.
The Law ensures that activities in cyberspace will not prejudice national security, public order and safety, legitimate rights and interests of organizations and individuals.
Simultaneously, the Cybersecurity Law specifies the strictly prohibited conducts, such as:
- Organizing, participating, colluding, instigating, buying off, duping, enticing, or training people to oppose the State of the Socialist Republic of Vietnam;
- Distortion of history, denial of revolutionary achievements, undermining the national solidarity block, blasphemy, discrimination by gender or race;
- Uploading, disseminating information that is harmful to the honor, prestige and dignity of other persons;
- Uploading, disseminating fabricated and false information that is harmful to the honor, prestige and dignity of other persons, etc.
2. DECREE 157/2018/ND-CP
“Increasing the regional minimum wage from 01/01/2019“
Decree No. 157/2018/NĐ-CP (“Decree 157”) dated 16/11/2018 of the Government regulating the regional minimum wage applicable to employees working under labour contracts goes into effect from 01/01/2019, replacing Decree No. 141/2017/NĐ-CP (“Decree 141”).
In comparison to Decree 141, Decree 157 provides for increase of regional minimum wage as follows:
- Region I: 4.180.000 VND/month, applicable to enterprises operating in the area of Region I;
- Region II: 3.710.000 VND/month, applicable to enterprises operating in the area of Region II;
- Region III: 3.250.000 VND/month, applicable to enterprises operating in the area of Region III;
- Region IV: 2.920.000 VND/month, applicable to enterprises operating in the area of Region IV.
3. CIRCULAR 43/2018/TT-BCT
“Amendment to several regulations regarding food safety“
Circular No. 43/2018/TT-BCT (“Circular 43”) dated 15/11/2018 of the Ministry of Industry and Trade on food safety management by the Ministry of Industry and Trade goes into effect from 01/01/2019, replacing Circular No. 28/2013/TT-BCT and Circular No. 58/2014/TT-BCT.
According to Circular 43/2018/TT-BTC, when applying for issuance of the Certificate of food safety, enterprises are not required to submit the business registration certificate; enterprise registration certificate or the investment certificate displaying the foods manufacture and trading business lines in the application dossier as before.
Circular 43 has supplemented several cases of issuance of certificate under the authority of the Ministry of Industry and Trade:
- An establishment both manufacturing and selling foods at the same location having an appropriate designed capacity as prescribed in this Circular;
- Food trading establishments (except mini-supermarkets chain and convenience stores chain with the area equivalent to that of a mini-supermarket); food wholesale establishments which operate in at least 02 provinces or central cities and manufacture foods with a designed capacity smaller than regulations; and
- Manufacturing, trading establishments whose products are under the management of at least 02 specialized managing authorities, with a production capacity under the management of the Ministry of Industry and Trade according to the designed capacity prescribed in Circular 43.
4. CIRCULAR 17/2018/TT-BLDTBXH
“Enterprises must conduct self-inspection of compliance with the labor laws at least once/year“
Circular No. 17/2017/TT-BLDTBXH (“Circular 17”) dated 17/10/2018 of the Ministry of Labor – War Invalids and Social Affairs providing for self-inspection of compliance conducted by enterprises, is effect as of 01/01/2019, replacing Decision No. 02/QD-BLDTBXH.
Circular 17 provides entirely new regulations on requiring enterprises to conduct self-inspection of compliance with the labor laws on the site at least one (01) time per year in order to assess the compliance with the labor laws and work out methods to improve compliance. Accordingly, the enterprises shall decide on the time for self-inspection, and the self-inspection period shall be from the first date of January of the year preceding the self-inspection.
The scope of inspection include several matters such as: recruitment and training; execution and performance of labor contracts; working and resting hours; wage payment; participation in compulsory social insurance, unemployment insurance, health insurance and other matters.
The enterprises shall cooperate with the labor union in preparing an online report of the results of self-inspection upon request in writing by state inspection authorities for labor affairs; Labor-employing establishments, construction entities in local areas must submit an online report to their supervisory authorities and the Inspectorates of the Department of Labor – War Invalids and Social Affairs.
5. CIRCULAR 15/2018/TT-BTC
“New regulations regarding conformity certification, conformity announcement for information and communication technology products“
Circular No. 15/2018 / TT-BTTTT (“Circular 15”) dated 15/11/2018 of the Ministry of Information and Communications amending and supplementing several provisions of Circular 30/2011/TT-BTTTT, provides for certification and declaration of conformity for information and communication technology products and takes effect as of 01/01/2019.
Circular 15 stipulates that conformity certification is carried out under 02 methods:
- Representative sample testing: applicable to domestically produced products of agencies that already possess the certificate of product quality management system and imports.
- Representative sample testing and assessment of production process; monitoring through testing of samples taken at the production site or in the market in conjunction with the assessment of the production process: applicable to domestically produced products of units that do not have the certificate of product quality management system and imports.
Simultaneously, Circular 15 has modified the method of conformity declaration as follows:
- For products and goods subject to conformity declaration, organizations and individuals must declare the conformity based on the self-assessment results of the organization or individual or that of certification organizations recognized under the laws, instead of having to register the Conformity declaration after self-assessment of conformity based on the products testing results of the testing agency as per previous regulations.
- For products, goods subject to certification and declaration of conformity, organizations and individuals must declare conformity based on the certification results of conformity certification organizations or certification organizations recognized under the laws, instead of having to register the Conformity declaration after having been issued the Certificate of conformity by the conformity certification organization as per previous regulations.
