Legal update December 2020
Admin - 04/12/2020

The foreign investors investing in Vietnam and contributing capital of less than 3 billion Dong and simultaneously being issued the Work Permit Exemption will be issued DT4 visa only

 

On 30 September 2020, the Ministry of Public Security issued the Official Dispatch No. 3337/BCA-V03 responding to the relevant contents in relation to the administrative procedure of granting the temporary residence card to the foreign investors with the main contents as follows:

 

  1. The foreign investors who are the capital contributors or the owners of the limited company contributing capital of less than 3 billion Dong and simultaneously being issued the Work Permit Exemption will be issued visa for the investment purpose (ĐT4) only; and

 

  1. The foreign investors who are the capital contributors or the owners of the limited company contributing capital of less than 3 billion Dong and simultaneously being issued the Work Permit in accordance with the Labor Code 2019 will be issued either visa ĐT4 or LĐ2 depending on the proposal of foreign investors (investment or labor purpose) and the attached documents (the attached documents proving the investment purpose in Vietnam or the work permit).

 

 

The employees may retire at a younger age but not more than 05 years from the regulated retirement age

 

Since 01 January 2021, the Decree No. 135/2020/ND-CP regulating the retirement age will officially take effect. Accordingly, the individuals and organization need to note the notable points as follows:

 

  1. The specific regulations on the retirement age in the normal labor conditions

 

  1. From 01 January 2021, the regulated retirement age for male employees are full 60 years and 03 months, then an increment of 3 months for each year until they are fixed at 62 years old in 2028; and

 

  1. From 01 January 2021, the regulated retirement age for female employees are full 55 years old and 04 months, then an increment of 4 months for each year until they are fixed at 60 years old in 2035.

 

  1. The specific regulations on the retirement at a younger age than the regulated retirement age in the normal labor conditions

 

Employees in the following cases below may retire at a younger age but not more than 05 years from the regulated retirement age, specifically:

 

  1. Employees with at least 15 years working in heavy, hazardous, dangerous or extremely heavy, hazardous, dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs;

 

  1. Employees with at least 15 years working in the areas with extremely difficult social-economic conditions, including the working time in the area with the regional allowance coefficient of 0.7 or more before 01 January 2021;

 

  1. Employees have decreased working capacity from 61% or more; and

 

  1. Employees have the total of working time, jobs specified in section i and the working time in the areas specified in this section ii from 15 years or more.

 

 

The individuals, organizations have the rights to request the Court issuing the decision on applying the temporary emergency measures in the urgent situation

 

Since 01 December 2020, the Resolution No. 02/2020/NQ-HĐTP guidance on applying some regulations on the temporary emergency measures of the Code of Civil Procedure will officially take effect. Accordingly, the individuals, organization need to note the notable points as follows:

 

The specific regulations on applying the temporary emergency measures (the "TEM") simultaneously with the submission of application to initiate the lawsuits.

 

The individuals, organizations have the rights to request the Court to issue the decision on applying the temporary emergency measures as speacified in Article 114 of Code of Civil Procedure, simultaneously with the submission of application ôt initiate the lawsuits in one of the following cases:

 

  1. Due to the urgent situation, which means it needs to be settled immediately, without delay;

 

  1. Protecting immediately the evidences in case of the source of evidences are being destroyed, in danger of being destroyed or it is difficult to collect later; and

 

Preventing the serious consequences that may happen (the physical or emotional consequences).

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