Highlights of the last week's text (from January 3, 2022 - January 8, 2022)

Highlights of the last week's text (from January 3, 2022 - January 8, 2022)
Bảo Ngọc

In the past week (from January 3, 2022 – January 8, 2022), the Law Clerk has updated a number of outstanding documents as follows:

1. New points on conditions and criteria for recognition of war invalids

The Government has issued Decree 131/2021/ND-CP guiding the Ordinance on Incentives for people with meritorious services to the revolution .

Accordingly, the conditions and criteria for recognition of war invalids and beneficiaries of policies as war invalids (collectively referred to as war invalids) specified in Clause 1, Article 23 of the Ordinance on Incentives for People with meritorious services to the revolution are as follows:

- Areas occupied by the enemy, areas with hostilities, and areas adjacent to enemy-occupied areas shall be determined according to the provisions of Appendix III of Decree 131/2021 . (Compared to current, additional areas occupied by the enemy).

- Areas of border, sea and islands with extremely difficult conditions are areas with dangerous, harsh and difficult natural conditions, prone to accidents, including areas specified in Appendix IV of Decree No. decree 131/2021 . (Compared with the current, additional border areas, sea and islands).

- Directly serving combat is performing tasks while the battle is going on or when the enemy is bombarding: medics, transports wounded, loads ammunition, ensures communication, protects goods, and ensures told to fight.

Directly performing the task of fighting crime means directly performing tasks at the request of competent agencies to investigate, detect, prevent and arrest criminals or prevent dangerous acts. dangerous to society...

See details of standards in Decree 131/2021/ND-CP effective from February 15, 2022.

2. The ceiling of remuneration according to the labor export brokerage contract

This is the content of Circular 21/2021/TT-BLDTBXH guiding the Law on Vietnamese workers working abroad under contract .

Accordingly, the ceiling of remuneration under the brokerage contract under the agreement between the service enterprise and the intermediary organization or individual must not exceed 0.5 months of the employee's contract salary for every 12 months. work.

In the case of a labor contract with a working term of 36 months or more, the ceiling of remuneration under the brokerage contract shall not exceed 1.5 months of the employee's salary under the contract.

The ceiling of remuneration under brokerage contracts for a number of specific markets, industries, professions and jobs is specified in Appendix X of Circular 21/2021 , for example:

- All industries and trades in the Japanese and Thai markets are 0 dong;

- Crew members of offshore fishing vessels, transport ships in Taiwan (China) and Korean markets: 0 VND;

- Domestic workers in the Malaysian and Bruneian markets: 0 VND;...

Circular 21/2021/TT-BLDTBXH takes effect from February 1, 2022.

3. Roadmap for implementation of railway vehicle usage term

The Government has issued  Decree 01/2022/ND-CP  amending and supplementing  Decree 65/2018/ND-CP  detailing the implementation of a number of articles of the Railway Law.

Accordingly, amending the roadmap for implementing the useful life of railway vehicles as follows:

- Vehicles that expire before December 31, 2018 are allowed to operate until  December 31, 2023 .

(The old regulations allow operation until the end of December 31, 2020).

- Vehicles that expire from January 1, 2019 to December 31, 2019 are allowed to operate until  December 31, 2024.

(The old regulations allow operation until the end of December 31, 2021).

- Vehicles whose service life expires from January 1, 2020 to December 31, 2025 are allowed to operate until the  end of December 31, 2025 .

(According to the old regulations, vehicles that expire from January 1, 2020 to before December 31, 2020: Allowed to operate until the end of December 31, 2022).

- Vehicles that have expired  from January 1, 2026  are not allowed to extend their operating time.

(According to the old regulations, the vehicle's service life expires from January 1, 2023: operation time cannot be extended).

In addition,  Decree 01/2022  supplements the provisions: The railway vehicle specified in Clauses 1 and 2, Article 18 of Decree 65/2018, upon the expiration of its useful life, shall be converted into a vehicle that does not apply the regulations. shelf life stated above.

Decree 01/2022/ND-CP  takes effect from January 4, 2022.

4. Increase the level of support for workers who have to return home before their due date due to an accident

The Prime Minister issued Decision 40/2021/QD-TTg on the Overseas Employment Support Fund.

Accordingly, the regulations support workers who have to return home ahead of time due to a labor accident, accident, illness, or disease to the point that they are no longer able to continue working abroad.

Support level: from 10,000,000 VND to 30,000,000 VND/case.

(Currently, the maximum support level is 5,000,000 VND/case).

The employee or the employee's authorized person or the employee's legal representative shall send a request for support enclosed with 01 set of documents to the Fund's operating agency.

Profile include:

- A copy of the document on liquidation of the contract signed between the sending enterprise, organization or individual and the employee, clearly stating the reason for returning home ahead of time;

Or the employer's written notice of the termination of the contract for the employee for the above reasons;

- A copy of the employee's medical examination paper or other document proving the illness or injury, issued by the health authority of the host country;

- A copy of the employee's passport;

- Power of attorney (specify content of authorization) or documents proving the right to represent at law as prescribed in case the authorized person or the legal representative submits the application.

Decision 40/2021/QD-TTg takes effect from February 21, 2022.

Jewel


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