Highlights of Vietnam's legal documents last week (from October 11 to October 16, 2021)

1. Dossier to register for the Vietnamese language proficiency test for foreigners in Vietnam

Circular 27/2021/TT-BGDDT of Vietnam promulgates the Regulations on testing Vietnamese language ability according to the Vietnamese Language Competency Framework for foreigners.

According to the Circular, the application record and how to register for the Vietnamese language proficiency test according to the Vietnamese Language Competency Framework for Foreigners are guided as follows:

- Application for registration includes:

+ 02 photos of size 4x6 (cm) taken not more than 06 months before the date of registration for the contest, the back of the photo clearly shows the full name, date of birth;

+ Copy of valid passport;

+ Registration form for the exam (including information about full name, date of birth, nationality, passport number and date, time and place of registration and other necessary information).

- Registration for the contest is done in one of the following ways:

+ Directly to register at the organizing unit.

+ Register online via the website of the exam organizer.

+ Through organizations, agencies, enterprises or educational institutions where they are working or studying, register for the exam with the exam organizing unit.

Circular 27/2021/TT-BGDDT of Vietnam takes effect from November 22, 2021.

2. Employees on maternity leave are still supported under Vietnam's Resolution 116

The Ministry of Labor, War Invalids and Social Affairs of Vietnam has promulgated Official Dispatch 3535/LDTBXH-VL on determining beneficiaries of support under Resolution 116/NQ-CP (guided in Decision 28/2021/QD-TTg 2021 ).

According to these Regulations, the Ministry of Labour, Invalids and Social Affairs responded to the problems of Vietnam Social Security as follows:

Employees participate in unemployment insurance on the basis of the labor contract/work contract entered into with the employer.

As of September 30, 2021, employees who have not terminated their labor contracts/working contracts and are on the list of participating in unemployment insurance of the social insurance agency should:

Still considered to be participating in unemployment insurance and receiving support on the basis of the time of paying unemployment insurance premiums but not yet receiving unemployment benefits (including the case of temporary suspension of labor contracts or employment contracts), leave without pay, stop working, enjoy maternity benefits,...) during the period from January 1, 2020 to September 30, 2021 as well as before January 1, 2002.

Previously, on October 6, 2021, the Vietnam Social Insurance Agency promulgated Official Dispatch 3138/BHXH-CSXH requesting the Ministry of Labour, Invalids and Social Affairs to study and guide the above-mentioned groups of subjects so that Vietnam Social Insurance could have a basis to implement support policies. according to the law.

Official Dispatch 3535/LDTBXH-VL of Vietnam was promulgated on 11/10/2021.

3. Time to consider reducing the term of imprisonment in Vietnam

This is a notable content in the Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulating the coordination relationship in the implementation of the order and procedures for temporary suspension and reduction of the execution time. prison sentence.

The consideration of reducing the serving term of prison sentences is carried out three times a year, on the following occasions: Southern Liberation Day, National Reunification (April 30), National Day (September 2) and National Day (September 2). Lunar New Year.

For prisons and detention centers under the Ministry of National Defense, the reduction of the prison term will be considered on the occasion of the founding of the Vietnam People's Army and the All People's National Defense Day (December 22) for the Lunar New Year.

The year to consider reducing the term of imprisonment is determined from January 1 to December 31 of that year.

Each year, an inmate may only be considered for a reduction of his/her imprisonment sentence once a year as prescribed in Article 38 of the Law on Criminal Judgment Execution of Vietnam

After the first reduction consideration, if in subsequent years the inmate fully meets the conditions prescribed by law, he/she will be considered for reduction in the same period that was considered for the first reduction.

In case the prison term has been reduced but the remaining prison term is not full 1 year, the following year may request consideration for reduction 1 time earlier, but still must ensure that the reduction is only considered once a year.

Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP of Vietnam takes effect from October 1, 2021.

4. Conditions for temporary suspension of social insurance contributions to the latest retirement and survivorship fund in Vietnam

Resolution 126/NQ-CP of Vietnam amending Resolution 68/NQ-CP in 2021 on a number of policies to support employees and employers facing difficulties due to the COVID-19 pandemic.

It has widen the conditions for temporary suspension of social insurance contributions to the retirement and survivorship fund compared to the previous provisions in Resolution 68.

Specifically, according to the new regulations, the conditions for employees and employers to temporarily suspend contributions to the retirement and survivorship fund for 6 months from the time of submitting the application are:

The employer has fully paid social insurance premiums or is temporarily suspending contributions to the retirement and survivorship fund until the end of January 2021 (previously the end of April 2021) :

Affected by the COVID-19 pandemic, resulting in a reduction of 10% or more of employees participating in social insurance compared to January 2021 (including employees who stop working or suspend the performance of labor contracts). , unpaid leave agreement).

(Previously, it was required to reduce 15% of employees participating in social insurance or more compared to April 2021).

Resolution 126/NQ-CP of Vietnam takes effect from October 8, 2021.

Bao Ngoc

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