Decree No. 63 2015 ND-CP providing the policies towards redundant employment

Decree No. 63 2015 ND-CP providing the policies towards redundant employment tài liệu, giáo án, bài giảng , luận văn, lu...

Công ty Luật Minh Gia www.luatminhgia.com.vn THE GOVERNMENT Decree No 63/2015/ND-CP dated July 22, 2015 of the Government providing the policies towards redundant employment in accordance with the restructuring of stateowned one member limited companies Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Labor Code dated June 18, 2012; At the request of the Minister of Labor, War Invalids and Social Affairs, The Government promulgates the Decree providing for policies towards redundant employees due to the restructuring of state-owned one member limited companies Article Scope of adjustment This Decree provides for policies towards redundant employees in state-owned one member limited companies affiliated to Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces; parent companies of state-owned economic corporations, parent companies of stateowned general companies, parent companies of groups of companies - parent companies that are restructured according to the plans approved by competent agencies (hereinafter referred to as restructured companies), including: Equitization, sale Conversion into multi-member limited liability companies Conversion into public service providers Merger, amalgamation, split-up, separation Dissolution, bankruptcy Article Subject of application Redundant employees in restructured companies specified in Article of this Decree, including: a) Employees on the list of regular employees of the restructured companies according to the regulations in Clause 1, 2, and Article of this Decree that were recruited before April 21st, 1998 (when the Directive No 20/1998/CT-TTg made by the Prime Minister on the promotion of restructuring and renovation of state-owned enterprises is applicable), including: LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn - Employees who were working for company, by the time of restructuring, the company cannot give them any job after taking every possible measure; - Employees who are on the enterprises payrolls but have no work to and, by the time of restructuring, the company still cannot give them any job; - Employees working for agriculture or forestry companies undergoing restructuring process who, by the time of restructuring, are not given jobs or allocated land b) Employees contained in the list of regular employees of the company restructured according to the regulations in Clause Article of this Decree that were recruited before April 26th, 2002 (when the Decree No 41/2002/NDCP dated April 11th, 2002 by the Government on policies towards redundant employees due to the restructuring of state-owned enterprises is applicable); b) Employees contained in the list of regular employees of the company restructured according to the regulations in Clause 1, 2, and Article of this Decree that were recruited on April 21st, 1998 and afterwards, by the time of restructuring, the company cannot give them any job after taking every possible measures; d) Employees contained in the list of regular employees of the company restructured according to the regulations in Clause 1, 2, and Article of this Decree that were recruited on April 26th, 2002 and afterwards People who are authorized by the restructured companies to carry out rights and responsibilities of the company towards the capital of the company invested in another enterprise and assume a specialized work in the management board in such enterprise (hereinafter referred to as representative of the capital of the company), including: a) Representatives of the capital of the restructured companies specified in Clause 1, 2, and Article of this Decree, by the time of restructuring/the expiration of authority, the company cannot give them any job after taking every possible measures; b) Representatives of the capital of the restructured companies specified in Clause of this Decree Any agencies, organizations, and individuals relating the implementation of the policies towards the redundant employees due to the restructuring of stateowned one member limited companies according to the regulations in this Decree LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169 Công ty Luật Minh Gia www.luatminhgia.com.vn Article Policies towards redundant employees that are recruited before April 21st, 1998 or before April 26th, 2002 The policies towards the redundant employees specified in Points a and b Clause Article of this Decree by the time the competent agencies grant approval for the plans on labor arrangement or the Court begins the bankrupt procedures are specified as follows: Male redundant employees from 55 years old to 59 years old and female redundant employees from 50 years old to 54 years old who have been paying social insurance for at least 20 years are eligible for retirement pension according to the regulations in Clause Article 50 of the Law on social insurance 2006 (applicable to people who retire before January ...GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 175/2016/ND-CP Hanoi, December 30, 2016 DECREE ON AMENDMENTS TO CERTAIN ARTICLES OF THE DECREE No 86/2013/ND-CP DATED 29 JULY 2013 BY THE GOVERNMENT ON THE BUSINESS OF PRIZE-REWARDING ELECTRONIC GAMES FOR FOREIGNERS Pursuant to the Law of Government Organization dated June 19, 2015; Pursuant to the Enterprise Law dated November 26, 2014; Pursuant to the Law of Investment dated November 26, 2014; At the request of the Minister of Finance; The government promulgates the Decree on amendments to certain articles of the Government's Decree No 86/2013/ND-CP dated July 29, 2017 on the business of prize-rewarding electronic games for foreigners Article Amendments to certain articles of the Government's Decree No 86/2013/ND-CP dated July 29, 2017 on the business of prize-rewarding electronic games for foreigners Section and Section of Article as follows: “1 Operation of a prize-rewarding electronic game business without a certificate of business eligibility, except the companies defined in Article 51 of this Decree Operation of a prize-rewarding electronic game business in violation of the content of the business license issued by the competent state management agency pursuant to the laws.” Section of Article is amended as follows: "1 A company operating the prize-rewarding electronic game business (hereinafter referred to as the company) can operate prize-rewarding electronic games at solely one business location licensed by the competent state management agency pursuant to the laws." Section of Article 13 is amended as follows: “2 Gaming devices a) Prize-rewarding electronic gaming machines used at the business location shall be entirely new, adhere to the technical specification announced by their manufacturers and certified by independent certifying organization(s) operating in member state(s) of the G7; b) The programmed minimum flat rate of payout of a slot machine is 90% (inclusive of the accumulated prize) The payout rate, when changed by the company, shall not be lower than the minimum payout rate regulated; hence, the company shall have the machines re-certified prior to their resumption and specify the payout rate in the gaming rules.” Section and Section of Article 14 are amended as follows: “1 The companies possessing the certificate of business eligibility and those defined in Article 51 of this Decree are permitted to purchase tokens and prize-rewarding electronic gaming machines The purchase and importation of tokens and prize-rewarding electronic gaming machines pursuant to the legislation on import and export, relevant laws, this Decree and the guidelines of the Ministry of Culture, Sports and Tourism … The company has the right to maintain and repair the prize-rewarding GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 158/2016/ND-CP Hanoi, November 29, 2016 DECREE ON GUIDELINES FOR THE LAW ON MINERAL Pursuant to the Law on Government organization dated June 19, 2015; Pursuant to the Law on Mineral dated November 17, 2010; At the proposal of the Minister of Natural Resources and Environment; The Government promulgates a Decree on guidelines for the Law on Mineral Chapter I GENERAL PROVISIONS Article Scope This Decree provides guidelines for the Law on Mineral No 60/2010/QH12 on reimbursement of costs of geological baseline survey of mineral, costs of mineral exploration; periodical reports on mineral activities; mine managers; certification of owner’s equity; mineral planning; geological baseline survey of mineral; protection of interests of localities and inhabitants in the places where minerals are extracted, protection of minerals not been extracted; mineral areas and regulations on mineral activities; procedures for mineral operation licenses, approval for mineral deposits and mine closure This Decree amends Clause of Article 3, Clause of Article 6, Point b Clause of Article 16; amends Clause Article 15 of Decree No 22/2012/ND-CP dated March 26, 2012 of the Government on auction of mining rights; amends Clause of Article 3, Article 4, Article 5, Clause of Article 6, Article of Decree No 203/2013/ND-CP dated November 28, 2013 of the Government on calculation method and charge for granting the mineral mining rights Article Interpretation of terms For the purposes in this Decree, the terms below are construed as follows: Toxic mineral is a type of minerals containing one of the following elements: mercury, arsenic, uranium, and thorium, asbestos that when extracted and used can release into the environment the radioactive or toxic substances that exceed the level of Vietnamese technical standard Minerals accompanied is another type of minerals that is located in the mining areas, recoverable from extraction of main minerals as specified in licenses for mineral extraction, including other minerals in the waste dump of operating mines appeared at the time which the extraction and use of those minerals brings economic efficiency Crude minerals are products of mineral resources, extracted, no longer in its natural state, but not through beating, crushing, screening, grading or other activities to enhance their value after mining Mine capital construction is works being determined in a project for investment and design of mines, including: Construction of works (buildings, warehouses, wharves, etc.) used for the purposes of extraction; construction of transport routes to connect the mining areas and transport system of vicinity; preparation of initial premises for mineral extraction Mine manager is a person whose qualification satisfies the requirements prescribed in Clause Article 62 of the Law on Mineral and he is appointed by an entity entitled to mineral extraction, or is a person entitled to extraction or the head of an organization entitled to extraction Deposits equivalent to charges for granting mineral extraction right are mineral deposits that are THE GOVERNMENT - THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 153/2016/ND-CP Hanoi, November 14, 2016 DECREE PROVIDING FOR REGIONAL MINIMUM WAGE RATES APPLIED TO EMPLOYEES WORKING UNDER AN EMPLOYMENT CONTRACT Pursuant to the Law on Government Organization dated June 19, 2015; Pursuant to the Labor Code dated June 18, 2012; Pursuant to the Corporate Law dated November 26, 2014; According to the request of the Minister of Labor, War Invalids and Social Affairs; The Government hereby introduces the Decree on regional minimum wage rates applied to employees working under an employment contract Article Scope This Decree provides for regional minimum wage rates applied to employees working under an employment contract as prescribed by the Labor Code Article Subjects of application Employees who work under terms and provisions of employment contracts prescribed by the Labor Code Enterprises which are established, organized and operated under the Corporate Law Cooperatives, cooperative unions, artels, farms, households, individuals and other organizations in Vietnam that hire employees working under employment contracts Overseas institutional entities and international organizations and foreigners operating within the territory of Vietnam that hire employees under employment contracts (unless otherwise stipulated by international conventions to which the Socialist Republic of Vietnam is a party) Businesses, cooperatives, cooperative unions, artels, farms, households, institutions, organizations and individuals referred to in Clause 2, and of this Article (hereinafter referred to enterprise) Article Regional minimum wages Regional minimum wage rates applied to employees working for enterprises shall be prescribed as follows: a) VND 3,750,000/ month in the regional minimum wage rate applied to enterprises operating within unit subregions of region I b) VND 3,320,000/ month in the regional minimum wage rate applied to enterprises operating within subregions of region II c) VND 2,900,000/ month in the regional minimum wage rate applied to enterprises operating within subregions of region III d) VND 2,580,000/ month in the regional minimum wage rate applied to enterprises operating within subregions of region IV Subregions of the region I, II, III and IV are defined in the Appendix hereto Article Principles of application of subregion-specific minimum wage rates Enterprises operating within specific subregions shall adopt respective minimum wage rates applied thereto In the event that affiliates or branches of the same enterprise operate within the subregions where the regional minimum wage rates vary, they must adopt the respective rates applied thereto Enterprises operating within industrial parks, export processing zones, economic zones and hightechnology parks located within the subregions where the regional minimum wage rates vary shall adopt the same rates as applied to the highest-rate subregions Enterprises operating within the subregions which have been subject to any name change or splitting shall temporarily adopt the regional minimum rates applied prior to such change or splitting until the Government introduces new regulations Enterprises operating within the subregions newly established from one or more subregions where the regional minimum wage rates vary shall adopt the same rates as applied to the highestrate subregions Enterprises operating within the subregions which are provincially-governed cities newly established from one or more subregions of the region IV shall adopt the same rates as applied to the rest of provincially–governed cities referred to in Section in the Appendix hereto Article Application of regional minimum wage rates Regional minimum wage rates, referred to in Article hereof, are the lowest rates used as the basis for any arrangement between enterprises and employees on salary and salary payment in which the wage rate paid employees who work under normal working THE MINISTRY OF FINANCE - THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness - No 233/2016/TT-BTC Hanoi, November 11, 2016 CIRCULAR ON AMENDMENTS TO CIRCULAR NO 56/2014/TT-BTC OF APRIL 28, 2014 OF THE MINISTRY OF FINANCE ON GUIDELINES FOR THE GOVERNMENT'S DECREE NO 177/2013/ND-CP DATED NOVEMBER 14, 2013 ON GUIDELINES FOR THE LAW ON PRICES Pursuant to the Government’s Decree No 177/2013/ND-CP of November 14, 2013 on guidelines for the Law on Prices; Pursuant to the Government's Decree No 149/2016/ND-CP of November 11, 2016 on amendments to the Government's Decree No 177/2013/ND-CP dated November 14, 2013 on guidelines for the Law on Prices; Pursuant to the Government’s Decree No 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance; At the proposal of the Director of Department of Price management; The Minister of Finance promulgates a Circular on amendments to Circular No 56/2014/TT-BTC of April 28, 2014 of the Ministry of Finance on guidelines for the Government's Decree No 177/2013/ND-CP dated November 14, 2013 on guidelines for the Law on Prices Article Amendments to Circular No 56/2014/TT-BTC of April 28, 2014 of the Ministry of Finance on guidelines for the Government's Decree No 177/2013/ND-CP dated November 14, 2013 on guidelines for the Law on Prices Article shall be amended as follows: “Article Scope This Circular provides guidelines for the Government’s Decree No 177/2013/ND-CP of November 14, 2013 on guidelines for Law on Prices (hereinafter referred to as Decree No 177/2013/ND-CP) and the Government's Decree No 149/2016/ND-CP dated November 11, 2016 on amendments to Decree No 177/2013/ND-CP (hereinafter referred to as Decree No 149/2016/ND-CP regarding price stabilization; valuation by the State; price negotiation; inspection of price-forming factors; and price declaration.” Clause 2, Clause Article shall be amended as follows: “2 Services of Finance, line departments and People’s Committees of districts which are assigned by the People’s Committee of province shall receive price registration forms for the goods and services within their competence of receipt and review of price registration forms prescribed in Clause Article of Decree No 149/2016/ND-CP, of organizations and individuals (including agents entitled to decide or adjust prices) that are headquartered in the province and neither named on the list of organizations and individuals required to register prices with the central government nor mentioned in separate price registration guidelines issued by line ministries according to their competence Branches and agents not entitled to decide or adjust prices (those signing distribution contracts with suppliers and selling or purchasing goods and services at the prices set by such ... Effect This Decree takes effect on September 15, 2015 The Decree No 91/2010 /ND-CP dated August 20th, 2010 by the Government providing for the policies towards redundant employees due to the restructuring... authorized to take on the power and responsibilities of the company towards their investment in another enterprise Article Fundings for the implementation of policies towards redundant employees... to the regulations in Clause Article of this Decree, fundings for the implementation of policies towards redundant employees shall be given by the income according to the law provisions; if the