LEGAL NEWS LETTER JANUARY, 2022

LEGAL NEWSLETTER JANUARY, 2022

MONTHLY NEWSLETTER

January/2022

Dear Value Clients and Partners,

ADK Vietnam Lawyers would like to introduce to you the January 2022 Legal Newsletter with the following main contents:

1. Legal Spotlight

1.1. Increase fines and add many administrative violations in the field of labour and social insurance

On January 17, 2022, the Government issued Decree 12/2022/ND-CP stipulating administrative penalties for violations arising from labour, social insurance and sending Vietnamese workers abroad under contracts.

Accordingly, compared with Decree 28/2020/ND-CP, Decree 12/2022/ND-CP has increased fines for many administrative violations in the field of labour and social insurance, for example:

(i) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on employers who fail to hold dialogues upon request (according to Decree 28/2020/ND-CP, the fine was VND 2,000,000 to VND 5,000,000);

(ii) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the employer who fails to submit the collective labour agreement to the specialized labour agency (according to Decree 28/2020/ND-CP, the fine was VND 500,000 to VND 1,000,000);

(iii) A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the employer who uses a fine or salary cut instead of handling labor discipline (according to Decree 28/2020/ND-CP, the fine was VND 10,000,000 to VND 15,000,000);

(iv) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on employers who do not allow female employees to take 30 minutes off every day during menstruation; (according to Decree 28/2020/ND-CP, the fine was 500,000 VND to 1,000,000 VND);

(v) A fine of VND 1,000,000 to VND 3,000,000 for each employee, but not more than 75,000,000 VND shall be imposed on employers who does not confirm the payment of unemployment insurance for the employee. employees to complete dossiers for enjoying unemployment insurance (according to Decree 28/2020/ND-CP, the old fine is 500,000 VND to 1,000,000 VND); etc.

In addition, Decree 12/2022/ND-CP also has many new regulations on sanctioning for a number of violations, for example:

(i) A fine of VND 50,000,000 to VND 75,000,000 shall be imposed for one of the following acts: enticing; entice; promise; false advertising or other tricks to deceive employees or recruit employees for the purpose of exploiting or forcing labour to the extent of not being subject to criminal prosecution (Clause 3 of Article 8);

(ii) A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for sexual harassment at the workplace to the extent of not being subject to criminal prosecution (Clause 3 of Article 11);

(iii) A fine of VND 50,000,000 to VND 75,000,000 shall be imposed for forcing the employee to perform the labour contract to repay the debt to the employer (point b, clause 4 of Article 11);

(iv) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for forging the license for labour subleasing activities to the extent of not being subject to criminal prosecution (Clause 7 of Article 13); etc.

The Decree have taken effect from the date of issuance (January 17, 2022).

1.2. Battery electric cars are exempt from registration fees for 3 years from March 1, 2022

On January 15, 2022, the Government issued Decree 10/2022/ND-CP to replace Decree 140/2016/ND-CP regulating registration fees. Accordingly, in addition to maintaining the same rates for housing, hunting rifles, ships, boats, motorbikes, and some types of cars, the new registration fee rates for battery electric cars are as follows:

- Within 3 years from March 1, 2022 (the effective date of Decree 10/2022/ND-CP): pay the first registration fee at the rate of 0%.

- Within the next 2 years: pay the first registration fee at a rate equal to 50% of the fee for petrol and diesel cars with the same number of seats.

Decree 10/2022/ND-CP will take effect from March 1, 2022.

1.3. The Ministry of Health issued regulations on publication of quality standards for herbal ingredients

On December 31, 2021, the Ministry of Health issued Circular 38/2021/TT-BYT replacing Circular 13/2018/TT-BYT regulating the quality of herbal ingredients and traditional drugs. Accordingly, there are additional regulations that herbal ingredients in the following cases must publish quality standards before being circulated.

(i) Herbal ingredients have not been regulated on quality standards in the pharmacopoeias of Vietnam or pharmacopoeias of other countries in the world .

(ii) Medicinal materials have been regulated on quality standards in the pharmacopoeia of Vietnam or pharmacopoeias of other countries in the world, but the pharmaceutical business establishment wants to publish the quality criteria and quality level higher than those specified in the pharmacopoeia.

The pharmaceutical business establishments in Vietnam or the foreign pharmaceutical business establishments with representative offices in Vietnam are the units that make the publication.

This Circular will take effect from February 15, 2022.

2. Featured Articles of ADK Lawyer in January

The article "Conditions for personal income tax exemption from transfer of residential houses by individuals who possess only one residential house or land plot". The article analyzes the provisions related to Law on Personal Income Tax and provides specific conditions for personal income tax exemption when transferring houses and residential land in case the individual has only one residential house or land.

To read the above articles in more detail, please visit our website at: https://adk-lawyers.com/en/legal-articles

3. Some prominent legal documents take effect from February 2022

No.

Text name

Date issued

Date of

Effective

DECREE

Decree 121/2021/ND-CP of the Government on business of prize-winning video games for foreigners

27/12/2021

12/02/2022

Decree 111/2021/ND-CP of the Government on amendments to some articles of Government’s Decree 43/2017/ND-CP on goods labels

09/12/2021

15/02/2022

CIRCULAR

Circular 18/2021/TT-BLDTBXH of the Ministry of Labour, War Invalids and Social Affairs providing regulations on hours of work and hours of rest applicable to workers doing seasonal production work and processing of goods under orders

15/12/2021

01/02/2022

Circular 21/2021/TT-BLDTBXH guiding the Law on Vietnamese workers working abroad under contracts promulgated by the Minister of Labour, War Invalids and Social Affairs

15/12/2021

01/02/2022

Circular 25/2021/TT-BYT of the Ministry of Health prescribing statistical reports in the field of pharmacy and cosmetics

13/12/2021

01/02/2022

Circular 17/2021/TT-BXD of the Ministry of Construction stipulating a number of contents on judicial assessment activities in the field of construction

22/12/2021

05/02/2022

Circular 21/2021/TT-BTTTT of the Ministry of Information and Communications amending Circular 24/2015/TT-BTTTT regulating the management and use of Internet resources

08/12/2021

07/02/2022

Circular 13/2021/TT-BTP of the Ministry of Justice stipulating the process of handling and settling complaints, denunciations, petitions and reflections in civil judgment enforcement

30/12/2021

13/02/2022

Circular 119/2021/TT-BTC of the Ministry of Finance amending Circular 83/2018/TT-BTC guiding the transfer of the right to represent the State owner at the State Capital Investment Corporation

23/12/2021

15/02/2022

Circular 36/2021/TT-BLDTBXH of the Ministry of Labour, War Invalids and Social Affairs providing for the adjustment of salary and monthly income for which social insurance premiums have been paid

31/12/2021

20/02/2022

JOINT CIRCULAR

Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP guiding the implementation of online trial organization issued by the Chief Justice of the Supreme People’s Court - Chief Procurator of the Supreme People’s Procuracy - Minister of Public Security - Minister of National Defense - Minister of Justice

12/11/2021

01/01/2022

We hope this Legal Newsletter has a lot of useful information.

Best Regards.

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