Highlights of the last week's text (from January 10, 2022 - January 15, 2022)

Highlights of the last week's text (from January 10, 2022 - January 15, 2022)
Bảo Ngọc

In the past week (January 10, 2022 - January 15, 2022), the Law Clerk has updated a number of outstanding documents as follows:

Highlights of the last week's text (January 10, 2022 - January 15, 2022)

1. Amendment of a number of regulations on administrative sanctions on land

The Government issued  Decree 04/2022/ND-CP  amending the Decrees on sanctioning of administrative violations in the field of land; water and mineral resources; hydrometeorology; surveying and cartography.

Accordingly, amending a number of regulations on penalties for administrative violations in the land sector in Decree 91/2019/ND-CP, for example:

- Modifying the explanation of words for the act of occupying land:

Specifically, one of the acts of land appropriation is to use land allocated or leased by the State, which has expired but has not been extended by the State for land use and has received a decision on land recovery which has been approved by the Government. announced, implemented but the land users do not comply (except for households and individuals that directly use agricultural land).

- Supplementing regulations on determining illegal profits due to administrative violations on land:

The payment of illegal profits obtained from committing violations that occurred before January 5, 2020 only applies to violations that the previous Decrees sanctioning administrative violations on land. there is a provision to pay illegal profits.

The time limit for determining the amount of illegal profits to be paid is counted only from the time when the Decree stipulates that the violation must be paid illegal profits, or from the date of occurrence of the violation if the violation occurs after. date of the Decree on sanctioning of the first land-related violations with regulations on payment of illegal profits has come into effect.

Decree 04/2022/ND-CP takes effect from January 6, 2022.

2. 04 ways to reduce greenhouse gas emissions

This is the content of Decree 06/2022/ND-CP  stipulating mitigation of greenhouse gas emissions and protection of the ozone layer.

Accordingly, the methods of mitigating greenhouse gas emissions include:

- Policy measures, management of activities to reduce greenhouse gas emissions;

- Plan to reduce greenhouse gas emissions at field and grassroots level;

- Technologies, production processes and services with low greenhouse gas emissions;

- Mechanisms and methods of cooperation on mitigation of greenhouse gas emissions are consistent with the provisions of laws and international treaties to which the Socialist Republic of Vietnam is a signatory.

In addition, the subjects of mitigation of greenhouse gas emissions are specified as follows:

- Establishments on the list of sectors and facilities that emit greenhouse gases must make an inventory of greenhouse gases promulgated by the Prime Minister;

Organizations and individuals other than those mentioned above are encouraged to reduce greenhouse gas emissions in accordance with their conditions and activities.

- The ministries that manage the fields of energy, agriculture, land use and forestry, waste management, industrial processes are the ministries:

Ministry of Industry and Trade, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment, Ministry of Construction.

Decree 06/2022/ND-CP  takes effect from January 7, 2022.

3. Adjustment of monthly salary on which social insurance premiums are based from January 1, 2022

The Ministry of Labor, War Invalids and Social Affairs issued  Circular 36/2021/TT-BLDTBXH  dated December 31, 2021 providing for the adjustment of salary and monthly income for which social insurance has been paid.

Accordingly, the monthly salary for which social insurance premiums have been paid from 2022 for the subjects specified in Clause 1, Article 1 of  Circular 36/2021  shall be adjusted according to the following formula:

Monthly salary on which social insurance premiums are based, after adjustment of each year = Total monthly salary on which social insurance premiums are based, x Adjustment of salary already paid for social insurance in the corresponding year

In which, the adjustment of salary paid for social insurance of the corresponding year is made according to Table 1 attached to Circular 36/2021 , for example:

- The adjusted level in 2018 is 1.08;

- The adjusted level in 2019 is 1.05;

- The adjusted level in 2020 is 1.02;

- The adjustment level in 2021 is 1.00;

- Adjustment level in 2022 is 1.00;...

For employees who both have time to pay social insurance premiums and are subject to the salary regime prescribed by the State and have time to pay social insurance premiums according to the salary regime decided by the employer, the monthly salary on which social insurance premiums are based for employees who start participating Social insurance contributions according to the salary regime prescribed by the State from January 1, 2016 onwards and the monthly salary on which social insurance premiums are based according to the salary system decided by the employer shall be adjusted according to the provisions of Clause 1, Article 1 of  Circular 36. 2021 .

Circular 36/2021/TT-BLDTBXH  takes effect from February 20, 2022.

4. List of special regions where employees can retire early

This is the content of   Circular 19/2021/TT-BLDTBXH  on the list of regions with extremely difficult socio-economic conditions to determine the case where it is possible to retire at an age lower than the retirement age in working conditions. normal movement.

Accordingly, there are 27 provinces, cities, 01 other production and administrative unit with extremely difficult socio-economic conditions as a basis for determining the cases where it is possible to retire at a lower age as prescribed. in Clause 3, Article 169  of the Labor Code  and Article 5  of Decree 135/2020/ND-CP , for example:

- Bac Kan province: 05 districts, 20 communes;

- Binh Phuoc province: 02 districts, 04 communes;

- Binh Thuan province: 01 district, 01 commune;

- Cao Bang province: 07 districts, 58 communes and 01 town;

- Dak Lak Province: 06 districts, 14 communes;

- Khanh Hoa province: the whole Truong Sa district;

- Kien Giang province: Phu Quoc district, Tho Chau commune;

- Lam Dong province: 05 districts, 25 communes;

- Other production and administrative units: DK1 rig house;...

For details, see  Circular 19/2021/TT-BLDTBXH  effective from January 30, 2022. The above regulations are effective from January 1, 2021.

Jewel


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