Lawnet would like to inform esteemed members and readers of 11 Codes and Laws that officially come into force from January 01, 2021 in Vietnam in the below article.
Article table of contents
Hanoi-Vietnam: 11 Codes and Laws officially come into force from January 01, 2021 (Part 1) (Illustrative Image)
1. Labor Code 2019
On November 20, 2019, the National Assembly of Vietnam promulgated Labor Code 2019, replacing Labor Code 2012. This Code has 220 Articles and 17 Chapters with several new regulations directly affecting employees. For example:
- There are only 02 types of employment contracts: indefinite-term employment contracts and definite-term employment contracts, abolishing the seasonal/project-based employment contracts.
- Appendices to employment contracts are not allowed to amend the terms of employment contracts.
- The probation period for managerial positions in enterprises is supplemented to 180 days; other positions remain as per the previous regulations.
- 04 more cases for temporary suspension of employment contracts are added.
- Employees have the right to unilaterally terminate employment contracts without reason, and in some cases, they can terminate employment contracts without prior notice.
- The retirement age is increased to 60 for females and 62 for males: From 2021, the retirement age for employees in normal working conditions is 60 years 03 months for males and 55 years 04 months for females. Each year, it increases 03 months for males and 04 months for females until reaching 62 for males in 2028 and 60 for females in 2035.
- Employees are entitled to 02 days off on National Day (September 2 and one adjacent day either before or after).
- 02 more cases for personal leave with full pay, which upon the adoptive father and mother’s death, employees may take 03 days off with full pay, are added.
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2. Law on Securities 2019
The Law on Securities 2019 was passed and signed by the National Assembly of Vietnam on November 26, 2019, replacing the Law on Securities 2006 and the amended Law on Securities 2010. The new law includes notable additions such as:
- Adding measures to ensure the security and safety of the securities market.
- Adding 04 more prohibited acts in securities and securities market activities.
- To issue securities to the public, meeting 09 conditions instead of 03 conditions under the old regulation.
- Similarly, to offer bonds to the public, meeting 09 conditions instead of 04 conditions under the old regulation.
- Internal personnel of public companies, public securities investment companies, public funds, and related persons of internal personnel must disclose information from January 1, 2021.
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3. Law on Amendments to Law on Judicial Expertise 2020
On June 10, 2020, the National Assembly of Vietnam promulgated the Law on Amendments to Law on Judicial Expertise 2020. This law amends and supplements several provisions of the Law on Judicial Expertise 2012, with key highlights including:
- The National Institute of Forensic Science of the Supreme People's Procuracy may conduct a public judicial expertise unit in forensic techniques from January 1, 2021.
- There are amendments to the dossier for proposing the appointment of judicial experts.
- Appointed judicial experts are granted judicial expert cards.
- The maximum time for judicial expertise in cases is 03 months. In complex cases or with a large workload, the maximum time is 04 months.
- Judicial experts with at least 03 years of experience as a judicial expert in the proposed field may establish an office instead of 05 conditions under the old regulation.
- 03 more cases for the dismissal of judicial experts are added.
- The state budget will cover part of the judicial expertise expenses.
- Policies for judicial experts and persons participating in judicial expertise are added.
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4. Law on Mediation and Dialogue at Court 2020
This new law was promulgated by the National Assembly of Vietnam in mid-2020, comprising 4 Chapters and 42 Articles. Key provisions in the Law on Mediation and Dialogue at Court 2020 include:
- Mediation and dialogue at court must adhere to 09 principles.
- To be appointed as a Mediator, one must meet 04 conditions, such as: being a judge, court examiner, court clerk, procurator, inspection officer at the Procuracy, enforcement officer in civil judgments, inspector; having experience and skills in mediation and dialogue; holding a certificate in mediation and dialogue training issued by training institutions of the Supreme People's Court, etc.
- The following individuals cannot be appointed as Mediators: currently officials and public employees; officers, non-commissioned officers of the People's Army, professional soldiers, defense employees; officers, non-commissioned officers of the People's Police, and employees of the police.
- From 2021, recording or filming during mediation, dialogue is not allowed.
- Parties involved in mediation, dialogue at court have the right to agree or refuse to participate in mediation or dialogue or to terminate mediation or dialogue and the right to propose a change of Mediator as per this Law.
- Mediation and dialogue at court cannot proceed in cases like: claims for compensation for damage caused to state property; cases arising from civil transactions violating the law or contrary to social ethics; one spouse in a divorce dispute is incapacitated.
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