Law Clerk would like to introduce to our customers 06 Laws that officially took effect from January 1, 2022.
Article table of contents
Note: 06 Laws take effect from 01/01/2022 (Illustration image)
1. Law on Vietnam Border Guard 2020
The Vietnam Border Guard Law 2020 replaces the 1997 Ordinance on Border Guards , according to which, there are a number of notable new regulations such as:
- 03 cases of restricted or suspended operations in border areas:
+ In the border belt: in and out of the border belt, areas with epidemics, fires, floods, and risks of natural disasters; fairs and festivals; production, business, construction, exploration and exploitation of natural resources;
+ In the border area: leaving and entering the border area, the area with epidemics, fires, floods, the risk of natural disasters; fairs and festivals; production, business, construction, exploration and exploitation of natural resources;
+ Crossing the border at international border gates, main border gates or bilateral border gates, auxiliary border gates, openings.
- 04 cases in which activities are restricted or temporarily suspended in border areas:
+ Disputes over borders and territories; armed conflict; enemy infiltration; other activities that threaten national sovereignty, territory or borders;
+ riots, terrorism, kidnapping, arresting criminals with weapons;
+ Preventing natural disasters, fires, floods and epidemics from spreading across borders;
+ At the request or notification of the Government, local authorities or border management and protection forces of the bordering country on the restriction or suspension of border crossing.
- Supplementing the policy of prioritizing the allocation of residential land when there is a need for the Border Guard when fully meeting the following conditions:
+ Having a duration of 05 years or more;
+ Having a need to move his family to settle down and settle down for a long-term life in border and island areas.
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2. Law on Vietnamese workers going to work abroad under contract 2020
The Law on Vietnamese workers working abroad under contract 2020 officially took effect from January 1, 2022 with a number of outstanding new regulations such as:
- Employees working abroad are not required to return brokerage fees to enterprises:
The new law has removed the provision that "Employees are responsible for refunding to the service enterprise part or all of the brokerage fee in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs."
At the same time, in Clause 8, Article 7 of the new Law, it is also forbidden to “collect brokerage fees from employees”.
- Allowing the parties to agree in writing on sending Vietnamese workers to work abroad (Clause 2, Article 5 of the Law on Vietnamese workers to work abroad under contract 2020 ).
(Currently only allowing Vietnamese workers to work abroad through contracts).
- Employees are entitled to unilaterally resign if they are sexually harassed abroad (Point dd, Clause 1, Article 6).
- People going to work abroad are not required to pay social insurance or personal income tax twice in Vietnam and in the destination country, if the two countries have signed an agreement on social insurance or an agreement on tax avoidance. twice (point g, Clause 1, Article 6)...
3. Amended Law on Handling of Administrative Violations 2020
Some new highlights in the Law on Handling of Administrative Violations 2020 as amended in comparison with the Law on Handling of Administrative Violations 2012 are as follows:
- Increase the maximum fine in 10 areas including: road traffic; Prevention of social evils; weak muscles; management and protection of national borders; education; electricity; protect the interests of consumers; irrigation; newspapers; real estate business. Specifically:
+ Road transport; prevention and combat of social evils: from 40 million dong to 75 million dong;
+ Weak muscles; management and protection of national borders; education: from 50 million VND to 75 million VND;
+ Electricity: from 50 million VND to 100 million VND;
+ Protection of consumers' interests: from 100 million to 200 million;
+ Irrigation (formerly the field of management of irrigation works); press: from 100 million VND to 250 million VND;
+ Real estate business increased: from 150 million VND to 500 million VND.
(according to Clause 10, Article 1 of the Law on Handling of Administrative Violations Amended 2020 )
- Adding the maximum fine level of 06 fields, including:
+ Beliefs and religions (previously only in the field of religion); fines for foreign affairs: a maximum of 30 million dong;
+ For rescue and rescue, the maximum fine level is VND 50 million;
+ Print; cyberinformation security fine level: a maximum of 100 million dong;
+ Intellectual property fine: up to 250 million VND.
(according to Clause 10, Article 1 of the Law on Handling of Administrative Violations Amended 2020 )
>> See more articles: 09 new points of the revised Law on Handling of Administrative Violations 2020 .
4. Law on Environmental Protection 2020
Replacing the 2014 Law on Environmental Protection , the Law on Environmental Protection 2020 has some notable new points such as:
- Failure to sort waste that can be refused to be collected (Clause 2, Article 77):
Daily-life solid waste collection and transport establishments have the right to refuse to collect and transport daily-life solid wastes of households and individuals that do not classify or use packages in accordance with regulations and notify such to the authorities. competent authorities to inspect and handle them according to the provisions of law, except for cases where households and individuals use packaging of other domestic solid wastes as prescribed at Point c, Clause 1, Article 75 of the Law on Environmental Protection 2020 .
- The group of subjects that must have an environmental permit (Article 39), include:
(1) Investment projects of Group I, Group II and Group III that generate wastewater, dust, and exhaust gases discharged into the environment must be treated or generate hazardous wastes must be managed according to regulations on management waste when put into official operation.
Except for urgent public investment projects as prescribed by the law on public investment, environmental permits are exempted.
(2) Investment projects, establishments, concentrated production, business and service zones, and industrial clusters operating before January 1, 2022 with the same environmental criteria as subject (1) .
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5. Law on drug prevention and control 2021
Some new regulations in the Law on Drug Prevention and Control 2021 are as follows:
- 04 cases of drug testing in the body (Clause 1, Article 22):
+ Persons who are found to illegally use narcotics;
+ A person whom a competent authority or person has grounds to believe has an illegal use of narcotics;
+ Illegal users of narcotics under management;
+ Persons who are in the period of application of administrative and educational handling measures in communes, wards or townships due to acts of illegal use of narcotics; drug addiction treatment; are treating addiction to opiates with alternative medicine; is in the management period after drug addiction treatment.
- 04 cases of being sent to compulsory drug rehabilitation establishments (Article 32):
A drug addict is aged full 18 years or older when falling into one of the following cases:
+ Failing to register, fail to perform or voluntarily terminate voluntary drug addiction treatment;
+ During the period of voluntary drug detoxification, he was found to have illegally used narcotics;
+ Persons addicted to opiate substances who do not register, do not perform or voluntarily terminate treatment for addiction to opiates with substitute drugs or have been terminated from treatment for addiction to opiates with substitute drugs. due to violation of regulations on addiction treatment;
+ During the period of management after drug addiction relapse but relapse.
(Currently, drug addicts aged full 18 years or older who have been detoxified at home or community or have been educated many times in communes, wards or townships are still addicted or have no place of residence. must be sent to a compulsory detoxification establishment).
6. Law amending and supplementing a number of articles and the Appendix to the list of national statistical indicators of the Law on Statistics 2021
The Law amending and supplementing a number of articles and the Appendix on the List of National Statistical Indicators of the Statistical Law 2021 replaces the Annex on the List of National Statistical Indicators promulgated together with the 2015 Statistical Law with the List Appendix. national statistical indicators promulgated together with the revised Statistical Law 2021.
Specifically, the Appendix to the new list has 21 groups with 230 indicators (currently 20 groups with 186 indicators).
- For group 01- Land and population: add 2 indicators: number of divorces and average age of divorce (code 0112) and urbanization rate (code 0115).
- For group 02- Labor, employment and gender equality: add the following criteria:
+ Percentage of employees with informal employment (code 0206);
+ Percentage of people from 05-17 years old participating in labor (code 0207);
- For group 03- Enterprises, economic, administrative and non-business establishments: reduce the target of added value per 1 dong of fixed asset value of the enterprise (code 0305).
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