Which 11 laws and codes will take effect from today, January 1, 2021?

How are these issues specifically regulated in legal documents effective from January 1, 2021?

Increasing retirement age: How to calculate?

Labor CodeThe 2019 Labor Code (effective from January 1, 2021) is considered to have many new points that are beneficial to employees. Employees have the right to unilaterally terminate their labor contracts without reason in certain cases such as being abused, beaten, sexually harassed at work by the employer, pregnant female employees whose working environment may adversely affect the fetus, not being assigned to the right job, etc.

At the same time, from January 1, 2021, labor contracts will be concluded in one of the following types: indefinite-term labor contracts or fixed-term labor contracts. Thus, there will no longer be seasonal or specific-job labor contracts. This regulation is to avoid cases where employers avoid obligations such as paying insurance for employees.

Representatives of Nghe An Civil Servants' Union gave milk to encourage workers of Dien Chau Brick Package and Construction Company. Photo: Thu Huong

This Coderetirement age regulationsUnder normal working conditions, retirement age will be adjusted according to the roadmap until reaching 62 years of age for male workers in 2028 and 60 years of age for female workers in 2035.

From 2021, the retirement age under normal working conditions is 60 years and 3 months for male workers and 55 years and 4 months for female workers; thereafter, it increases by 3 months for male workers and 4 months for female workers each year. Workers with high professional and technical qualifications and some special cases can retire at a higher age but not more than 5 years older than the above retirement age.

8 industries prohibited from investment and business

Investment Law2020 has many new regulations. 8 industries prohibited from investment and business include: Trading in narcotics; Trading in chemicals and minerals; Trading in specimens of wild plants and animals and specimens of endangered, precious and rare forest plants, forest animals and aquatic products of group I with natural origin;

Prostitution; Buying and selling people, tissues, corpses, human body parts, and human fetuses; Business activities related to human cloning; Fireworks business; Debt collection service business.

Compared to the old regulations, the Investment Law 2020 has reduced the number of conditional business investment sectors (from 243 to 227). And added many investment incentive sectors and sectors. This Law also stipulates additional forms of investment incentives such as corporate income tax incentives; exemption of import tax on imported goods to create fixed assets; exemption and reduction of land use fees, land rent, land use tax; accelerated depreciation, increasing the level of deductible expenses when calculating taxable income.

The law also has many new points aboutpreferential policiesand special investment support to encourage the development of a number of investment projects that have a major impact on socio-economic development...

National Assembly delegates have only one Vietnamese nationality.

Law amending and supplementing a number of articles of the Law on Organization of the National AssemblyAmending and supplementing 20 out of 102 articles of the current Law on Organization of the National Assembly (QH).

Notably, regarding the standards for National Assembly deputies, to ensure strictness, meet practical requirements, and avoid violations during the election of National Assembly deputies, the Law has added a provision on nationality standards for National Assembly deputies. Accordingly, in addition to the general standards, National Assembly deputies are required to have only one Vietnamese nationality.

The law also stipulates increasing the proportion of full-time National Assembly deputies to at least 40% of the total number of National Assembly deputies. This provision will create a legal basis for planning and preparing human resources to introduce candidates to run for full-time National Assembly deputies from the 15th National Assembly, thereby enhancing professionalism and making an important contribution to improving the effectiveness and efficiency of the National Assembly's operations.

At the same time, the Law also ends the pilot merger of the Office of the National Assembly Delegation, the Office of the People's Council and the Office of the People's Committee at the provincial level; stipulates the establishment of the Office of the National Assembly Delegation and the People's Council at the provincial level (to be completed before July 1, 2021), which is an agency that advises, assists, and serves the activities of the National Assembly Deputies and the National Assembly Delegation at the local level.

Confidentiality of information on mediation and dialogue

Law on conciliation and dialogueThe court stipulates 7 cases where conciliation and dialogue cannot be conducted in court, including: Request for compensation for damage to State property; Cases arising from civil transactions that violate the prohibitions of the law or are contrary to social ethics;

The plaintiff, the requester, the defendant, the person with related rights and obligations has been invited to participate in the second valid mediation or dialogue but is still absent not due to force majeure or objective obstacles or cannot participate in the mediation or dialogue for a legitimate reason;

One spouse in a divorce dispute is incapacitated; One party requests not to conduct mediation or dialogue; One party requests the application of temporary emergency measures according to the provisions of the Civil Procedure Code and the Administrative Procedure Law; Other cases as prescribed by law.

In addition, this law also stipulates that mediators, parties, agencies, organizations and other individuals invited to participate in mediation and dialogue must not disclose information they learn during the mediation and dialogue process.

During the mediation and dialogue process, no audio or video recording or minutes of the mediation and dialogue may be recorded. Minutes may only be drawn up to record the results of the mediation and dialogue. Agencies, organizations and individuals may not use documents and statements of the parties during the mediation and dialogue process as evidence in the process of resolving the case, except in certain cases.

Support for businesses and business households

Business Law(amended) is assessed to have many new contents and regulations to contribute to supporting businesses and business households in their operations, such as regulations on business registration conditions, shortening the notice period before temporarily suspending business from 2021...

Notably, the Law has added subjects that are not allowed to establish enterprises, including: Minors; people with limited civil act capacity or those who have lost civil act capacity; people with difficulty in cognition and behavior control; people who are being prosecuted for criminal liability, detained, serving prison sentences, serving administrative measures at compulsory drug rehabilitation facilities, compulsory education facilities or are being banned by the Court from holding positions, practicing a profession or doing certain jobs; other cases as prescribed by the Bankruptcy Law, the Law on Anti-Corruption, etc.

The Law on Enterprises (amended) also clearly stipulates that organizations and individuals do not have the right to establish and manage enterprises in Vietnam, including: State agencies and armed forces units using state assets to establish businesses for their own benefit; Cadres, civil servants and public employees as prescribed by the Law on Cadres and Civil Servants and the Law on Public Employees; Officers, non-commissioned officers, professional soldiers, workers and defense officials in agencies and units of the Vietnam People's Army; Officers, professional non-commissioned officers, police workers in agencies and units of the Vietnam People's Public Security, except those appointed as authorized representatives to manage the State's capital contribution in enterprises or to manage at State-owned enterprises; Professional leaders and managers in State-owned enterprises, except those appointed as authorized representatives to manage the State's capital contribution in other enterprises...

Nghe An youth received Certificates of Merit from the Prime Minister at the Ceremony to honor 10 young faces of Vietnam. Photo: archive

Create conditions for young people to develop and contribute

Youth Law (amended)consists of 7 chapters and 41 articles. Accordingly, youth are Vietnamese citizens from 16 to 30 years old, whose rights, obligations and responsibilities are regulated by the Law; State policies towards youth; responsibilities of agencies, youth organizations, other organizations, educational institutions, families and individuals towards youth; State management of youth. At the same time, it is applied to youth; agencies, organizations, educational institutions, families and individuals.

Notably, the Law has institutionalized the responsibilities of youth into legal provisions to emphasize the role and mission of youth in the cause of building and protecting the country in the new situation; regulations on State policies, responsibilities of agencies, organizations, educational institutions, and families to create conditions for youth development, so that youth are worthy of being "the backbone of the country, the future owners of the country, a great social force, proactive, creative, leading, playing an important role in contributing to the success of the cause of industrialization, modernization of the country, international integration and building socialism"; so that Vietnamese youth are clearly and fully aware of their responsibilities, implementing the teachings of President Ho Chi Minh.

Along with the above 6 laws and codes, from January 1, 2021, 11 laws and codes officially took effect, including: Construction Law (amended); Law amending and supplementing a number of articles of the Law on Judicial Appraisal; Securities Law (amended); Law on Investment under the public-private partnership (PPP) model; Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents.