Legal Newsletter in March 2024 (Law on Medical Examination and Treatment, Unemployment Insurance, and Foreign Employees Employed in Vietnam)

Legal Newsletter in March 2024

Our Newsletter #20 would lead you on the following:

LEGAL UPDATE

I. Decree No. 96/2023/ND-CP guiding Law on Medical Examination and Treatment

On 30 December 2023, the Government issued Decree No. 96/2023/ND-CP, which provides guidance on the Medical Examination and Treatment Law. The decree takes effect from 01 January 2024 with several noteworthy changes as follows:

1. Some new regulations related to the issuance of a medical examination and treatment practice license

1.1 Practical training period for issuing a medical examination and treatment practice license

(i) The practical training period for medical examination and treatment for a doctor position is 12 months;

(ii) The practical training period for medical examination and treatment for a physician assistant position is 09 months;

(iii) The practical training period for medical examination and treatment for a nurse, midwife, and medical technician position is 06 months;

(iv) The practical training period for medical examination and treatment for a clinical nutritionist is 06 months;

(v) The practical training period for medical examination and treatment for a emergency medical technician position is 06 months; and

(vi) The practical training period for medical examination and treatment for a clinical psychologist position is 09 months.

1.2 Dossier for first-time medical examination and treatment practice license applicants

For individuals applying for a medical examination and treatment license for the first time, the following documents need to be prepared:

(i) Application form for the issuance of a medical examination and treatment license;

(ii) Original or valid copy of one of the following documents:

  1. Written confirmation of passing the competency assessment for medical examination and treatment; or
  2. Previously recognized medical examination and treatment practice license.

(iii) Original or valid copy of a health examination certificate issued by a medical facility that meets the necessary conditions, or a valid copy of a work permit for cases requiring a work permit;

(iv) Autobiographical statement from the practicing individual;

(v) Two portrait photos (size of 4cm x 6cm) taken against a white background within the last 06 months from the date of submitting the application for a new license (not applicable for cases in which the applicant has uploaded photos during administrative procedures in the electronic environment); and

(vi) Valid copy of one or more of the following documents:

  1. Certificate of traditional medicine practice;
  2. Certificate of traditional herbal medicine;
  3. Certificate of traditional healing methods.

Note: The documents listed in Item (ii), (iii), (iv), and (vi) do not apply if the license results have already been connected and shared in the health management information system or the national health database.

2. Addition of organizational forms for medical examination and treatment facilities

Decree No. 96/2023/ND-CP has reorganized and supplemented the organizational forms of medical examination and treatment facilities, specifically:

(i) Hospitals include the following forms:

  1. General hospitals;
  2. Traditional medicine hospitals;
  3. Dental hospitals;
  4. Specialty hospitals.

(ii) Clinics include the following forms:

  1. General clinics;
  2. Specialty clinics;
  3. Multi-specialty clinics;
  4. Medical doctor’s clinics;
  5. Traditional medicine clinics;
  6. Dental clinics;
  7. Nutritional clinics;
  8. Physician assistant’s clinics.

(iii) Health stations; and

(iv) Other facilities.

II. Issuance of Circular No. 15/2023/TT-BLDTBXH amending and supplementing certain provisions of Circular No. 28/2015/TT-BLDTBXH and certain provisions of Decree No. 28/2015/ND-CP

On 29 December 2023, the Ministry of Labor, Invalids and Social Affairs issued Circular No. 15/2023/TT-BLDTBXH, which will come into effect on 15 February 2024, with some notable innovative content about the enjoyment of unemployment insurance for the following special case:

(i) Employees at labor-using units without a legal representative, or those authorized by the legal representative who wish to terminate their labor contracts to enjoy unemployment insurance benefits, shall request the Department of Labor, Invalids and Social Affairs or the Provincial Social Insurance to carry out the procedure according to the legal process of Vietnam on unemployment insurance; and

(ii) The social insurance agency is responsible for confirming the contribution level, contribution duration, interruption period, and reasons for the interruption of unemployment insurance contributions.

Thus, at a company without a legal representative or authorized by a legal representative, if the employee wishes to terminate the labor contract to enjoy unemployment insurance benefits, the employee needs to request the Department of Labor, Invalids and Social Affairs or the Provincial Social Insurance to carry out the confirmation procedure and receive unemployment insurance benefits.

III. Issuance of Official Dispatch 29954/SLDTBXH-VLATLD on the implementation of regulations related to foreign employees in Vietnam

On 28 December 2023, the Ho Chi Minh City Department of Labor, Invalids and Social Affairs issued Official Dispatch No. 29954/SLDTBXH-VLATLD to ensure the implementation of regulations related to foreign employees in Vietnam, with notable content as follows:

1. Implementation of explanatory reporting on the need and changes in demand for foreign labor

According to Official Dispatch No. 29954/SLDTBXH-VLATLD, starting from 01 January 2024, organizations and enterprises must notify the recruitment of Vietnamese employees for positions planned to employ foreign labor on the electronic portal of the Ministry of Labor, Invalids and Social Affairs (Employment Department) or the electronic portal of the Employment Service Center established by a decision of the Chairman of the Provincial level People’s Committee.

The notification must be made at least 15 days before the expected date of explanatory reporting to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign employee is expected to work.

To facilitate the recruitment notification, the Department of Labor, Invalids and Social Affairs provides information about the electronic portal of the Ho Chi Minh City Employment Service Center – https://vieclamhcm.com.vn – so that units are aware and carry out recruitment notifications. Simultaneously, the Ho Chi Minh City Employment Service Center guides the units on the steps to post notifications on the electronic portal of the Ho Chi Minh City Employment Service Center through Official Dispatch No. 6932/TTDVVL-GTVL dated 25 December 2023.

2. On the use and management of foreign labor

Official Dispatch No. 29954/SLĐTBXH-VLATLD revisits issues related to the use and management of foreign labor, including:

2.1 Revocation of work permit

Official Dispatch No. 29954/SLDTBXH-VLATLD requests employers to carry out the revocation of work permits when the work permits expire. Employers should submit the revoked work permits along with a written explanation of the reasons for revocation to either the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs.

Additionally, organizations and businesses are advised to contact the Department of Labor, Invalids and Social Affairs to receive a confirmation document acknowledging the revocation of the work permit within 05 working days from the submit day. This confirmation should be kept for necessary use.

2.2 Reporting on the use of foreign labor

Organizations and businesses are required to submit reports on the utilization of foreign labor for the first six months of the year and annually. The submission deadlines are before July 5th and January 5th of the following year. The Department of Labor, Invalids, and Social Affairs will not accept reports submitted after the specified time frame, as these reports are essential for comprehensive work and reporting for submission to the Ministry of Labor, Invalids, and Social Affairs.

3. Regulations on administrative penalties related to foreign employees

The Ho Chi Minh City Department of Labor, Invalids and Social Affairs requests organizations and enterprises employing foreign employees to study the behaviors subject to administrative penalties to avoid non-compliance with regulations when using foreign labor. Specifically:

(i) A fine ranging from VND1,000,000 to VND3,000,000 shall be imposed on employers for committing any of the following acts:

  1. Failing to report or incorrectly report the content or timeline regarding the situation of employing foreign employees as prescribed;
  2. Not submitting the original or certified copy of the signed labor contract after the foreign employee has been granted or has renewed the work permit to the competent authority that issued or renewed the work permit, upon request of the said authority, in cases that foreign employee is employed under a labor contract.

(ii) A fine ranging from VND5,000,000 to VND10,000,000 shall be imposed for each violation per employee, but not exceeding VND75,000,000 in total, for employers who employ foreign employees not in accordance with the content stated on the work permit or the document confirming exemption from the work permit, except where otherwise provided by law.

(iii) A fine ranging from VND15,000,000 to VND25,000,000 shall be imposed on foreign employees working in Vietnam for any of the following acts:

  1. Working without a work permit or a document confirming exemption from the work permit as required by law;
  2. Using an expired work permit or a document confirming exemption from the work permit.

(iv) Employers who engage in the following actions concerning foreign employees in Vietnam, without proper work permits or confirmation documents exempting them from work permits, or who employ foreign employees with expired work permits or invalid confirmation documents, will be subject to fines according to the following tiers:

  1. From VND30,000,000 to VND45,000,000 for violations involving 1 to 10 employees;
  2. From VND45,000,000 to VND60,000,000 for violations involving 11 to 20 employees;
  3. From VND60,000,000 to VND75,000,000 for violations involving 21 or more employees.

(v) Additional Penalty Measure: Deportation of foreign employees in Vietnam for violations as stated in Item (iii).

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at consult@blawyersvn.com. We would love to hear from you.

Date: 28 March 2024

Writer: BLawyers Vietnam

Legal News and Update Team

PUBLISHED ARTICLES

DIGITAL AUDIO PROGRAM

PUBLISHED LEGAL NEWSLETTERS

CONTACT US

Legal News and Update Team
📩 legalnews@blawyersvn.com

For Downloading:

Newsletter #20 (EN version)

Maybe you are interested in reading other Newsletters of BLawyers Vietnam: Legal Newsletter in Jan 2024/ Legal Newsletter in Dec 2023/ Legal Newsletter in Nov 2023

blawyersvn-cta-image

Request a consultation

To schedule a meeting with BLawyers Vietnam’s attorneys, please call us or complete the intake form below. We will respond within 24 hours.

This field is for validation purposes and should be left unchanged.