Notable legal documents of Vietnam last week (June 13 - 19, 2022)

1. For the first time, the minimum hourly wage shall be applied from July 1, 2022 in Vietnam.

Decree 38/2022/ND-CP stipulates that the minimum wage for employees working under labor contracts in Vietnam shall apply from July 1, 2022.

In particular, for the first time, the Government shall stipulate the minimum hourly wage in 4 regions as follows:

+ Region I: VND 22,500/hour;

+ Region II: 20,000 VND/hour;

+ Region III: VND 17,500/hour;

+ Region IV: 15,600 VND/hour.

The list of areas of Region I, Region II, Region III and Region IV in Vietnam is specified in the Appendix issued together with Decree 38/2022/ND-CP.

Decree 38/2022 /ND-CP takes effect from July 1, 2022 and replaces Decree 90/2019/ND-CP.

2. Guidelines for converting monthly or hourly salary in Vietnam

Ministry of Labor, War Invalids and Social Affairs issued Official Dispatch 2086/ BLĐTBXH-TLĐLĐĐVN dated 17/6/2022 implementing Decree 38/2022/ND-CP on regional minimum wage from 01/7/2022.

According to this Official Dispatch, for employees in Vietnam who are receiving salary under other forms of payment (weekly, daily, by product, salary):

The wage paid under these forms of payment shall not be lower than the minimum monthly wage or the minimum hourly wage 
(according to point a and point b, clause 3, article 4 of Decree 38/2022/ND-CP) prescribed by the Government.

Specifically, the minimum monthly wage by 4 regions in Vietnam is as follows:

Region I is VND 4,680,000/month.

Region II is VND 4,160,000/month.

Region III is VND 3,640,000/month.

Region IV is VND 3,250,000/month.

The conversion of this monthly or hourly wage is selected by the employer, the conversion results are intended to check the compliance of the payment to employees in Vietnam in the forms compared to the minimum monthly wage or the minimum hourly wage prescribed by the Government.

The Decree does not require changes to the form of payment agreed by the employer and the employee.

3. Guidelines on handling violations of the Regulations on University Admission in Vietnam

Circular 08/2022/TT-BGDDT on Regulations on university enrollment, college enrollment in Early Childhood Education issued by the Minister of Education and Training, effective from July 22, 2022.

According to this Circular, the guidelines for handling violations of the Regulations on University Admission are as follows:

- Staff and candidates who commit violations in the course of exam administration shall be dealt with in accordance with the Regulation on upper-secondary school graduation examination in Vietnam of the Ministry of Education and Training.

- Candidates who commit fraud in the process of applying for admission or contesting for admission; depending on the extent to which they may be forced to drop out of school, banned from admission to training institutions in the following years or be penalized in accordance with law.

- Those who commit violations of this Regulation are civil servants and civil servants, which, depending on the level, will be handled by the agency managing officials as prescribed in Article 71 of the Law on Higher Education; Law on Public Employees, Law on Officials and documents regulating the disciplinary action of civil servants and civil servants in Vietnam.

- Those who commit violations of this Regulation are officials, lecturers, teachers and employees of private training institutions other than civil servants, employees and principals of training institutions who are responsible for handling under the provisions of the Labor Code and relevant legal documents.

- Training institutions that violate the enrollment work depending on the level of violation will be handled according to the current law provisions.

The principals, chairpersons of the admission councils and related individuals of the training institutions shall also be handled in accordance with relevant laws.

- Enrolment regulations of training institutions shall detail the handling of violations against individuals and organizations participating in enrolment in Vietnam.

4. Supplement some regulations guiding the Law on Irrigation in Vietnam

This is the content in Circular 03/2022/TT-BNNPTNT amending Circular 05/2018/TT-BNNPTNT guiding the Law on Irrigation issued by the Minister of Agriculture and Rural Development of Vietnam.

Supplement some provisions of the Circular guiding the Law on Irrigation, such as:

- Supplementing the explanation of the wording, the submerged channel is an open water channel with the designed water level lower than the average natural ground level in the surrounding area, when building, it must be dug below the natural ground level in Vietnam.

- Additional contents of operating procedures for important irrigation works, especially large irrigation works and small irrigation works in Vietnam.

Specific contents of the operation process in Form 02 in Appendix I issued together with Circular 05/2018/TT-BNNPTNT.

- Replace Appendix I and Appendix II issued together with Circular 05/2018/TT- BNNPTNT with Appendix I and Appendix II issued together with Circular 03/2022 /TT-BNNPTNT.

Circular 03/2022 /TT-BNNPTNT takes effect from August 1, 2022 .

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