Notable documents of last week in Vietnam (from May 9 - May 15, 2022)

1. Guidance on the case of not being allowed to continue serving the suspended sentence due to leaving the place of residence without asking for permission in Vietnam

The Council of Judges of the Supreme People's Court issued Resolution 01/2022/NQ-HDTP amending Resolution 02/2018/NQ-HDTP guiding the application of Article 65 of the Penal Code on suspended sentences, effective from 10/05. May 2022.

Accordingly, Clause 5, Article 1 of Resolution 01/2022/NQ-HDTP has added guidance on violations of obligations 02 or more times in cases where the person serving a suspended sentence leaves the place of residence without permission. (defined in Article 92 of the Law on Criminal Judgment Execution 2019), specifically:

- During the probationary period, if the person serving a suspended sentence leaves the place of residence without permission, the competent authority shall, based on Articles 87, 91, 92 of the Law on Criminal Judgment Execution 2019 , carry out the following procedures:

+ Make a record of breach of obligation;

+ First reminder;

+ Summon this person to continue executing the sentence

In case they are still not present according to the summons, the competent agency shall organize a review of their absence and make a record of the review of their absence. This case is determined to be the first violation of the obligation.

- Pursuant to Article 93 of the Law on Criminal Judgment Execution 2019 , the competent authority continues to summon the person entitled to a suspended sentence but this person is still not present, so a second reminder will be made.

If the person is still not present, the competent agency shall make a record to confirm the absence. This case is considered the second breach of obligation.

When it is determined that he has violated his/her obligations twice or more, the person entitled to a suspended sentence may be forced by the Court to serve the prison sentence of the sentence for the reason that he intentionally breached the obligation as prescribed in the Law on Execution of Sentences. criminal proceedings in 2019 from 02 times or more.

2. Guide employees to apply for unemployment benefits online in Vietnam

The Ministry of Labor, War Invalids and Social Affairs issued Official Letter 1399/LDTBXH-VL dated May 4, 2022 on the receipt and settlement of unemployment benefits on the National Public Service Portal (online).

Accordingly, to apply for unemployment benefits online, employees take the following steps:

- Employees register for an account and log in on the National Public Service portal;

- Search and choose to submit public services: Settlement of unemployment benefits

- Enter information on the application for unemployment benefits according to form No. 01 issued with Official Dispatch 1399/LDTBXH-VL .

- Attach documents: Photocopies or scans of documents proving the termination of labor contract or working contract as prescribed.

- Choose to send the Employment Service Center under the Department of Labour, Invalids and Social Affairs to receive and process the application.

See details of the process in Official Dispatch 1399/LDTBXH-VL dated May 4, 2022.

3. Additional subjects eligible for agricultural insurance premium support in Vietnam

This is the content mentioned in Decision 13/2022/QD-TTg dated May 9, 2022 on the implementation of policies to support agricultural insurance.

Accordingly, the insured subject to agricultural insurance premium support includes:

- Crops: Rice, rubber, pepper, cashew, coffee. (Adding rubber, pepper, cashew, coffee)

- Livestock: Buffalo, cow, pig. (Additional pig)

- Aquaculture: Black tiger shrimp, white leg shrimp, pangasius. (Addition of pangasius)

The time to support agricultural insurance premiums is from June 24, 2022 to the end of December 31, 2025.

Decision 13/2022/QD-TTg takes effect from June 24, 2022 to the end of December 31, 2025 and replaces Decision 22/2019/QD-TTg dated June 26, 2019, Decision 03/2021/QD-TTg dated January 25, 2021.

4. Criteria for appointing judicial experts in science and technology activities in Vietnam

On April 20, 2022, the Minister of Science and Technology issued Circular 03/2022/TT-BKHCN providing for judicial expertise in science and technology (S&T) activities.

Accordingly, Vietnamese citizens permanently residing in Vietnam who fully meet the following criteria may be considered and appointed judicial experts in scientific and technological activities:

- Having good health and moral qualities;

- Having a university degree or higher and having practiced professional activities in the field of training for full 05 (five) years or more.

In addition, persons in one of the following circumstances may not be appointed judicial experts in scientific and technological activities:

- Loss of civil act capacity or restricted civil act capacity;

- Being examined for penal liability; has been convicted without a criminal record for an unintentional crime or an intentional less serious crime; has been convicted of a serious crime, a very serious crime, a particularly serious crime intentionally;

- Being subject to administrative handling measures for education in communes, wards or townships, sending to compulsory detoxification establishments or sending to compulsory education establishments.

Circular 03/2022/TT-BKHCN takes effect from June 15, 2022 and replaces Circular 35/2014/TT-BKHCN dated December 11, 2014.

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