Legal Briefing, September 2015

Document 1

Legal Documents: Decree No. 61/2015/ND-CP stipulates new job creation support policies and the National Employment Fund

Sector: Corporate (employment)

Effective date: 01 September 2015


Following the Law on Employment 2013, this Decree has been issued to providing detailed guidelines for such Law as follows:

(a) Development of public employment which means paid temporary employment which is created through the implementation of state-funded projects or activities associated with socio-economic development programs in communes, wards or townships.

(b)  Support from the State regarding for guest workers, including support on training, extension of preferred loan and development of employment in foreign countries.

(c) Support on employment for young people.

(d) Creation, management and use of the National Employment Fund, in which this Decree stipulates guidelines on using such Fund to extend preferred loan for certain cases.

Comments/ Impacts:

Such Decree can practically improve employment in Vietnam and support the un-employment Fund of the State of Vietnam. Enterprises and laborers in Vietnam can obtain preferred loan and other useful supports from the National Employment Fund upon satisfaction of certain conditions stipulated in such Decree. In addition, it shows that the laborers are encouraged to work aboard.

Document 2: 

Legal Documents: Decree No. 63/2015/ND-CP on providing policies governing redundant employees through the restructuring of state-owned single member limited companies

Sector: Corporate (employment)

Effective date: 15 September 2015


Decree stipulates supports applicable to redundant employees through the restructuring of state-owned single member limited companies. Subject to conditions stated in Decree, such employees can enjoy support on social insurance and allowances.

Comments/ Impacts: 

It shows great effort from the State of Vietnam in proceeding up equitization of State-owned companies in Vietnam

Document 3: 

Legal Documents: Plan issued by the National Wages Council to submit to the Government in order to increase the minimum wage in 2016

Sector: Corporate (employment)

Effective date: 03 September 2015


Regional minimum wages in 2016 are proposed as follows:

– Region I: VND3,500,000.00

– Region II: VND3,100,000.00

– Region III: VND2,700,000.00

– Region IV: VND2,400,000.00 VND

Comments/ Impacts:

It shows that minimum wages in Vietnam is increased from time to time. As a result, employers need to foresee this increase to prepare appropriate salary budgets.

Document 4: 

Legal Documents: Decree No. 68/2015/ND-CP on registration of nationality and other rights applicable to aircraft

Sector: Corporate (aviation)

Effective date: 15 October 2015


Aircraft owned by Vietnamese organizations or individuals, and aircraft lease-purchased or leased without crews for a term of 24 months or more shall be registered to bear Vietnamese nationality before operating in Vietnam. Such registration must be made within six months after an aircraft is imported into Vietnam.

Such new regulations do not apply to military aircraft, special-use aircraft of customs and public security forces, and other aircraft used for performing state tasks, except those used for civil purposes.

Comments/ Impacts:

Following management policy on aircraft in other countries, such provisions clarify ownership of aircraft to be used in Vietnam. In addition, it also requires that such aircraft must satisfy conditions and requirements on assurance of national defense and security, aviation safety and security and environmental protection.

Document 5: 

Legal Documents: Decree No. 65/2015/ND-CP revising a number of articles of Decrees concerning the handling of administrative violations in state management fields related to  publishing, provision and disclosure of false information

Sector: Corporate (administration)

Effective date: 01 October 2015


Such Decree revised a number of Decrees such as education, vocational activity, health, civil aviation etc in relation to administration sanctions applicable to violation on publishing, provision and disclosure of false information.

Comments/ Impacts:

This may help the State of Vietnam in improving current status on violation such activities. On the other hand, information providers would be liable for information published by them.

Document 6: 

Legal Documents: Circular No. 135/2015/TT-BTC promulgating the Charter of organization and operation of the Debt and Asset Trading Corporation (DATC)

Sector: Financial services

Effective date: 01 November 2015


Such Circular stipulates details of business lines of the DATC and operation of DATC via template of charter of the DATC. Among these business lines, the DATC shall receive, handle loan and assets which are not calculated during restructuring process of State owned companies.

Comments/ Impacts:

By providing such Circular, one of missions of the DATC is to effectively handle bad debts in order to proceed up equitization of State owned companies in Vietnam.

Document 7: 

Legal Documents: Circular No. 28/2015/TT-BCT on temporary application of self-certification of C/O as set out in Asean Trade in Goods Agreement (ATIGA)

Sector: Corporate (customs)

Effective date: 05 October 2015


Such Circular stipulates guidelines on tem temporary application of self-certification of C/O as set out in the MOU signed on 29 August 2012 among Laos, Philippines, Indonesia in Xiem Riep, Cambodia regarding temporary application of self-certification of C/O No. 02. However, certain conditions which must be satisfied before applying such policy such as:

(a) be manufacturer cum importer of goods manufactured by such enterprise;

(b) not committing any violation on C/C within latest 2 consecutive years;

(c) turnover regarding import into Sean countries which have been issued with C/O with D sample in previous year reached 10 million USD;

(d) have managers who have been trained and granted with certificate or license in relation C/O by the trainer appointed by the Ministry of Industry and Trade.

Comments/ Impacts:

This may simplify procedure on C/O No. 02 when trading with countries signed the said MOU. Under such law, exporters must satisfy 4 conditions as stipulated in such Circular. It means that such favorable policy is only applicable to big company with good track record.

By Vietnam Law Insight (LNT & Partners)

Disclaimer: This Briefing is for information purposes only. Its contents do not constitute legal advice and should not be regarded as detailed advice in individual cases. For more information, please comment below or visit the website:Http://

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