Legal update on February 2022 (Part 1)

BLawyers Vietnam - Legal update

Our Vietnam Legal Update #198 would lead you on 03 legal issues:

I. Detailing and guiding the implementation of several articles of the Law on Occupational Safety and Health regarding benefits for employees suffering from occupational accidents or diseases

The Ministry of Labor, War Invalids, and Social Affairs issues Circular No. 28/2021/TT-BLDTBXH dated 28 December 2021 on detailing and guiding the implementation of several articles of the Law on Occupational Safety and Health regarding benefits for employees suffering from occupational accidents or diseases. This Circular has the following main contents:

1. Cases of compensation for occupational accidents or diseases
  • The employee suffers an occupational accident that reduces his working capacity by 5% or more; or dies due to an occupational accident that is not entirely due to the fault of this employee, except for cases of occupational accident allowance.
  • The employee suffers from an occupational disease that reduces his working capacity by 5% or more or dies due to an occupational disease while working for the employer, or before retirement, before retiring, before moving to work for another employer (excluding cases of occupational diseases caused by working for other employers).
2. Compensation principles
  • Once an occupational accident occurs, compensation shall be made for that time, without accumulating accidents that have occurred from previous times.
  • Compensation for employees suffering from occupational diseases is made as follows:
    • The first time is based on the level (%) of working capacity decrease (body injury rate) in the first visit; and
    • From the second time onwards, based on the increase (%) of working capacity decrease to compensate for the difference (%) of working capacity decrease compared with the results of the assessment of the previous time.
3. Compensation level
  • At least equal to 30 months’ salary for employees whose working capacity is reduced by 81% or more; or for employees’ relatives who die due to occupational accidents or diseases.
  • At least equal to 1.5 months’ salary for employees whose working capacity is reduced from 5% to 10%; if having a working capacity decrease from 11% to 80%, for every 1% increase, 0.4 month’s salary will be added.
4. Occupational accident allowance

An employee who suffers from an occupational accident that reduces his working capacity by 5% or more or the relative of an employee who dies due to an occupational accident is entitled to the occupational accident allowance regime, if the cause of the occupational accident is entirely due to the fault of the injured employee himself (based on the conclusion of the occupational accident investigation report).

5. Salary as a basis for compensation and allowance:

Being calculated on average of 6 consecutive months before the occurrence of an occupational accident or before the occupational disease. If the working, apprenticeship, the probationary period is less than 6 months, the salary used as the basis for making compensation and benefits is the average salary of the months preceding the time of the occupational accident or at the time of being diagnosed with an occupational disease.

II. Amending and supplementing several articles of the Law on Investment and the Law on Housing

Recently, the National Assembly issued Law No. 03/2022/QH15 to amend and supplement several articles of the Law on Public Investment, the Law on Investment in the form of public-private partnership, the Law on Investment, the Law on Housing, and the Law on Bidding, Electricity Law, the Law on Enterprises, Special Consumption Tax Law, and Civil Judgment Enforcement Law. Some notable contents are as follows:

  • Amendments and supplements to the Law on Investment:
    • Amendments and supplements to the cases of projects must be approved by the Prime Minister, the provincial People’s Committee in Articles 31 and 32 of the Law on Investment.
    • Adding the “Trading in network security products and services (excluding trading in cyber information security products and services and trading in civil cryptographic products and services)” to the List of conditional business lines.
  • Amending and supplementing Article 23.1 of the Law on Housing, which stipulates “Forms of land use to execute commercial housing construction investment projects” as follows:
    • Having the right to use residential land or other non-residential lands that meet the conditions for permitting the change of land use purpose to implement an investment project which is consistent with the plan on land use approved by the authorities according to the regulations.

III. Frequently asked legal questions category:

Q: What are the procedures for declaring inheritance under the will?

A: The following are the procedures for declaring inheritance:

  1. Step 1: Submitting the inheritance declaration dossier to a notary office;
  2. Step 2: The notary office checks the dossier;
  3. Step 3: The notary office posts the information on the acceptance of the written declarations at the commune-level People’s Committee within 15 days;
  4. Step 4: After 15 days, if there is no complaint or denunciation, the Notary Office notarizes the written declaration for estate acceptance.
  5. Step 5: The heir obtains the result after signing the written declaration, paying the notary charge.

See more about legal issues related to Wills and Inheritance in Vietnam here.

For down-loading: 

Legal Update #198 (EN version)

Maybe you are interested in reading other Legal Update of BLawyers Vietnam: January 2022 (Part 3) | January 2022 (Part 2) | January 2022 (Part 1) | December 2021 (Part 5) | December 2021 (Part 4) | December 2021 (Part 3) | December 2021 (Part 2) | December 2021 (Part 1) | November 2021 (Part 4) | November 2021 (Part 3) | November 2021 (Part 2) 

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