Legal Document Updates in English (08/2021)

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NUMBER

TITLE

 

In This Updates:

LABOR - SALARY

 

LABOR - SALARY

1

23/2020/TT-BLDTBXH

Circular No. 23/2020/TT-BLDTBXH dated December 30, 2020 of the Ministry of Labor, Invalids and Social Affairs, specifying coefficients for adjustment of monthly salaries and incomes for which social insurance premiums have been paid

 

Adjustment of monthly salaries for which social insurance premiums have been paid

Page

2

135/2020/ND-CP

Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government prescribing retirement ages

 

4 cases entitled to early retirement from 2021

Page

CONSTRUCTION

 

CONSTRUCTION

3

10/2021/ND-CP

Decree No. 10/2021/ND-CP dated February 09, 2021 of the Government on the management of construction investment costs

 

7 expenses used for determining the total construction investment

Page

SCIENCE – TECHNOLOGY

 

SCIENCE – TECHNOLOGY

4

127/QD-TTg

Decision No. 127/QD-TTg dated January 26, 2021 of the Prime Minister on the promulgation of the National Strategy on Research, Development and Application of Artificial Intelligence (AI) through 2030

 

By 2030, 10 prestigious AI brands in the region shall be built

Page

POLICY

 

POLICY

5

193/QD-TTg

Decision No. 193/QD-TTg dated February 09, 2021 of the Prime Minister on approving the Program on human trafficking prevention and combat in the 2021-2025 period, with visions towards 2030

 

To strive that 100% of criminal reports related to human trafficking to be received

Page

6

1957/QD-TTg

Decision No. 1957/QD-TTg dated November 30, 2020 of the Prime Minister, approving the Plan on organization of the implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children

 

Stepping up the protection of, and provision of support for, victims of trafficking

Page

JUSTICE

 

JUSTICE

7

68/2020/QH14

Law No. 68/2020/QH14 dated November 13, 2020 of the National Assembly on Residence

 

Household registration books shall remain valid until the end of 2022

Page

 

SUMMARY:

 

Ü  LABOR - SALARY

ADJUSTMENT OF MONTHLY SALARIES
FOR WHICH SOCIAL INSURANCE PREMIUMS HAVE BEEN PAID

On December 30, 2020, the Ministry of Labor, Invalids and Social Affairs issues the Circular No. 23/2020/TT-BLDTBXH specifying coefficients for adjustment of monthly salaries and incomes for which social insurance premiums have been paid.

Accordingly, monthly salary on which social insurance premiums are based which is adjusted in a year = Total monthly salary on which social insurance premiums are based in a year x Coefficient for adjustment of salary for which social insurance premiums have been paid in the corresponding year.

Of which, the coefficient for adjustment of salary for which social insurance premiums have been paid in the corresponding year is specified as follows: Prior 1995, the

 

adjustment coefficient is 5.01; in 1995, 2000, 2005, 2010, 2016, 2020 and 2021, the adjustment coefficient is 4.25; 3.52; 2.82; 1.69; 1.14; 1.00 and 1.00, respectively.

Especially, for employees who have paid social insurance premiums both under the State-prescribed salary regime and under the employer-decided salary regime, monthly salaries for which they start paying social insurance premiums under the State-prescribed salary regime from January 01, 2016, onward, and monthly salaries for which they have paid social insurance premiums under the employer-decided salary regime shall be adjusted according to the above-mentioned adjustment coefficient.

This Circular takes effect on February 15, 2021.

4 CASES ENTITLED TO EARLY RETIREMENT FROM 2021

The Government issues the Decree No. 135/2020/ND-CP prescribing retirement ages on November 18, 2020.

An employee falling into one of the following cases may retire no more than 05 years earlier than the prescribed retirement ages for employees working under normal working conditions:

Firstly, having full 15 years or more doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list promulgated by the Ministry of Labor, Invalids and Social Affairs.

Secondly, having full 15 years or more working in localities with extremely difficult socio-economic conditions, including the period of working in localities where a region-based allowance coefficient of 0.7 or higher is applied prior to January 01, 2021.

 

Thirdly, suffering a working capacity decrease of 61% or more.

Fourthly, having the total period of full 15 years or more doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs and the period of working in localities with extremely difficult socio-economic conditions.

The lowest retirement age of employees from January 01, 2021 is fully 55 years and 03 months, for male employees and 50 years and 04 months, for female employees. After that, such lowest retirement age increases 03 months for male employees until it reaches full 57 years in 2028 and 04 months for female employees until it reaches full 55 years in 2035.

The Decree takes effect on January 01, 2021.

Ü  CONSTRUCTION

7 TYPES OF EXPENSES USED FOR DETERMINING THE TOTAL CONSTRUCTION INVESTMENT

On February 09, 2021, the Government issues the Decree No. 10/2021/ND-CP on the management of construction investment costs.

Specifically, the total construction investment shall be determined according to 07 types of expenses as follows: Compensation, support and resettlement expenses shall be determined on the basis of the compensation, support and resettlement plan of the project as well as relevant mechanisms and policies of the State; Construction costs shall be determined on the basis of the volumes of construction jobs; Project management expenses; Construction investment consultancy expenses; Other expenses shall be determined by the norms of percentage (%) or by the estimation method, etc.

 

Besides, bidding package estimates shall be determined based on the cost items of each bidding package in conformity with the design, scope, nature, characteristics, and specific conditions of the bidding package. For projects for which work construction cost estimates have been approved, the project owners shall determine the bidding package estimates based on the cost items within the scope of the bidding packages in the approved work construction cost estimates if necessary.

The Ministry of Construction shall develop regulations on management, exploitation and use of the system of databases; guide the contents and methods of building databases; guide the use of the system of databases; build and finalize codes and application software for the management of the system of databases.

This Decree takes effect on the signing date.

Ü  SCIENCE – TECHNOLOGY

BY 2030, 10 PRESTIGIOUS AI BRANDS IN THE REGION SHALL BE BUILT

On January 26, 2021, the Prime Minister issues the Decision No. 127/QD-TTg on the promulgation of the National Strategy on Research, Development and Application of Artificial Intelligence (AI) through 2030.

Specifically, by 2030, Vietnam will be among the top 04 countries in the ASEAN region and in the group of 50 leading countries in the world regarding AI research, development and application; build 10 prestigious AI brands in the region; establish 03 national innovation centers in the field of AI;

 

have at least 01 representative among the top 20 AI research and training institutions in the ASEAN region, etc.

Besides, strategic orientations set out include: build a system of legal documents and legal corridors related to AI; build data and computing infrastructure for AI research, development, and application; promote international cooperation in the field of AI; develop AI ecosystem and promote AI application.

This Decision takes effect on the signing date.

Ü  POLICY

TO STRIVE THAT 100% OF CRIMINAL REPORTS RELATED TO HUMAN TRAFFICKING TO BE RECEIVED

The Decision No. 193/QD-TTg on approving the Program on human trafficking prevention and combat in the 2021-2025 period, with visions towards 2030 is issued on February 09, 2021 by the Prime Minister.

Accordingly, specific objectives of the Program includes: Further promoting communication to raise awareness for individuals, households and communities on the prevention and combat of human trafficking, with priority given to high-risk groups; ensuring 100% of denunciations, criminal reports, and petitions for prosecution related to human trafficking to be received and classified with the settlement rate being over 90%; ensuring human trafficking victims shall

 

be promptly and effectively received, verified, identified, rescued and supported, etc.

The Program defines some solutions such as: Organizing activities in response to “Day Against Trafficking in Persons 30 July” in line with the message of the United Nations and the practical situation of such locality; taking measures to protect information confidentiality and safety for victims and their relatives in accordance with law provisions; enhancing the inter-agency coordination and international cooperation in human trafficking prevention and control, etc.

This Decision takes effect from the signing date.

STEPPING UP THE PROTECTION OF, AND PROVISION OF SUPPORT FOR,
VICTIMS OF TRAFFICKING

On November 30, 2020, the Prime Minister issues the Decision No. 1957/QD-TTg approving the Plan on organization of the implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children.

Specifically, contents of the Plan are prescribed as follows: The Ministry of Public Security shall assume the prime responsibility for, propagandizing and disseminating the contents of the ACTIP and legal documents on prevention and combat of trafficking in persons; the Ministry of Public Security and the Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries, sectors and organizations in, stepping up

 

the receipt, verification, protection of, and provision of support for, victims of trafficking, etc.

During the 2021 – 2022 period, priority shall be given to the propagandizing, and providing specialized training in, the ACTIP and legal documents on prevention and combat of trafficking in persons for the people and functional forces of ministries, central sectors and localities involved in prevention and combat of trafficking in persons; reviewing, studying, and proposing improvement of, legal provisions on prevention and combat of trafficking in persons in line with the ACTIP.

This Decision takes effect on the signing date.

Ü  JUSTICE

HOUSEHOLD REGISTRATION BOOKS SHALL REMAIN VALID UNTIL THE END OF 2022

This content is prescribed by the National Assembly in the Law on Residence No. 68/2020/QH14 dated November 13, 2020.

Accordingly, granted household registration books and temporary residence books shall remain valid for use as residence certification papers and documents in accordance with this Law through December 31, 2022.

The 2020 Law on Residence annuls procedures on renewal of household registration books; re-grant of household registration books, grant of papers on household registration transfer. The Law also amends and supplements the following procedures: Separation of household registration books; Adjustment of changes in household registration books; Papers certifying the previously registered permanent residence, etc. Besides, the time limit for processing the permanent residence for citizens also is shorten to 07 days at most, instead of 15 days as in previous regulations.

 

Noticeably, 2020 Law on Residence also annuls provisions on conditions for registration of permanent residence in centrally run cities (Article 20). It means, there is no separate provisions on conditions for registration of permanent residence in centrally run cities, the provision on registration of permanent residence in centrally run cities and provinces is the same without distinction and is applied generally and uniformly across the country. At the same time, the new Law also adds a number of cases of permanent registration deletion:

Firstly, they are absent from their places of permanent residence for 12 consecutive months or more without registering their temporary residence in other places or declaring their temporary absence, unless they go abroad not for permanent residence, or are serving their imprisonment sentences, etc.

Secondly, they had registered their permanent residence in places of residence that later have been dismantled or confiscated under decisions of competent state agencies or on vehicles that later have been deregistered in accordance with law, etc.

This Law takes effect on July 01, 2021.

 

 

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