Highlight news in the one week period in Vietnam, from November 29, 2021

Highlight news in the one week period in Vietnam, from November 29, 2021
Bảo Ngọc

In this week (from November 29 to December 4, 2021), Lawnet has updated a number of outstanding documents in Vietnam as follows:

1. The right of infringing industrial property without the victim's request in Vietnam

This is a notable new point in the Law amendments to a number of articles of the Criminal Procedure Code of Vietnam promulgated on November 12, 2021.

Specifically, according to the new regulations, criminal cases can only be prosecuted for crimes specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code of Vietnam when there are at the request of the victim or the victim's representative who is under the age of 18, mentally or physically handicapped, or deceased.

At the same time, criminal cases may not be instituted when there are criminal grounds specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Penal Code and the victim or The victim's representative did not request a prosecution.

(Compared to before, the revised Criminal Procedure Code 2021 has removed the crime under Article 226 of the Criminal Code)

Therefore, to prosecute the crime of infringing industrial property rights without the victim's request from December 1, 2021.

The Law amending and supplementing the Criminal Procedure Code takes effect from December 1, 2021 in Vietnam

2. Conditions for considering teacher promotion in Vietnam from January 15, 2022

The Ministry of Education and Training of Vietnam has promulgated Circular 34/2021/TT-BGDĐT stipulating standards and conditions for examination or consideration for promotion; the content, form and determination of the successful candidates in the consideration for promotion to the professional title of a public preschool and high school teacher.

According to that, teachers are allowed to register for promotion to the next higher professional title when they fully meet the following criteria and conditions:

(1) The educational institution has a need and is sent by the head of a competent management agency to consider promotion to professional titles.

(2) Having a quality rating at the level of completing tasks well or higher in the working year immediately preceding the year of consideration for promotion to professional titles;

(Currently, it is prescribed to successfully complete the tasks or more during the working period of 03 consecutive years by the deadline for submitting the application for consideration).

Having good political qualities and professional ethics; not within the time limit for disciplinary action, not during the implementation of regulations related to employee discipline.

(3) Having been appointed to the professional title of preschool, elementary, middle and high school teacher suitable to the current position. (New content)

(4) Satisfy the standards of training and retraining qualifications and the standards of professional and professional competence of the promotion category according to current regulations.

Circular 34/2021/TT-BGDDT of Vietnam takes effect from January 15, 2022.

3. The e-commerce platform is not required to declare tax on behalf of the seller in Vietnam from January 1, 2022.

This is the content of Circular 100/2021/TT-BTC amending Circular 40/2021/TT-BTC guiding value-added tax, personal income tax and tax management for business households and individuals. business.

According to this Circular, amending regulations on organizations to declare tax on behalf of individuals and pay tax on behalf of individuals specified at Point dd, Clause 1, Article 8 of Circular 40/2021.

Specifically, the organization, including the owner of the E-commerce Exchange, shall declare and pay tax on behalf of an individual on the basis of authorization in accordance with the provisions of civil law.

Circular 40/2021/TT-BTC stipulates that e-commerce floor owners make tax declaration and payment on behalf of sellers according to the tax authority's roadmap.

Therefore, from January 1, 2022, the e-commerce platform will not have to declare tax on behalf of, or pay tax on behalf of, if the seller does not authorize it.

Circular 100/2021/TT-BTC takes effect from January 1, 2022 in Vietnam

4. Stop paying the cost of medical care and health insurance according to the Vietnamese rate

The Ministry of Health has promulgated Circular 22/2021/TT-BYT stipulating the suspension of Circular 04/2021/TT-BYT guiding the payment of medical examination and treatment expenses with health insurance according to the capitation rate.

Specifically, the entire Circular No. 04/2021/TT-BYT dated April 29, 2021, guiding the payment of medical examination and treatment expenses covered by capitation health insurance nationwide will be suspended.

Expenses for medical examination and treatment covered by outpatient health insurance within the quota from January 1, 2021, shall be paid according to the price of medical examination and treatment services specified in Decree 146/2018/ND-CP dated October 17, 2018.

Note: The period of suspension of the above content will be implemented from December 1, 2021 until the effective date of the new legal document providing guidance on payment of expenses. medical examination and treatment according to the rate of health insurance.

Circular 22/2021/TT-BYT of Vietnam takes effect from December 1, 2021.

Bao Ngoc


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