Legal News brief April 2022

1. 75% of total trade union contribution used by internal trade union
This is the content of Decision No.4290/QĐ-TLĐ issued by Vietnam General Confederation of Labour on 1st March 2022. Accordingly, the internal trade union may use 75% of the total trade union contributions, 60% of total trade union fees collected according to the provision of the Presidium of General Confederation and 100% of its other revenues according to regulations of law and General Confederation. In comparison with the previous regulation, the internal trade union only uses 71% of the total trade union contributions.
This Decision came into force from 1st March 2022.

2. Increasing overtime by a maximum of 60 hours per month
This is the content of Resolution No.17/2022/UBTVQH15 dated 23rd March 2022 issued by the National Assembly Standing Committee providing annual and monthly overtime hours ensuring covid-19 prevention and control, socio-economic recovery, and development.
In line with the Law on labour 2019 being effective from 1st January 2021, the annual overtime has been limited by 200 hours, and the monthly overtime by 40 hours. However, with the actual demand, all members of the National Assembly Standing Committee approved this Resolution providing that employers are permitted to assign their employees to work overtime for over 200 hours but not exceeding 300 hours per year; and over 40 hours but not exceeding 60 hours per month if this is agreed upon by both sides. The Resolution 17/2022/UBTVQH15 comes into force from 1st April 2022.

3. Conditions of rental support for workers
On 28th March 2022, Prime Minister issued Decision No.08/2022/QĐ-TTg providing rental support policies for employees.
Accordingly, the employee who is working for an enterprise in an industrial zone, export-processing zone, or key economic zone shall be eligible for support of VND 500,000/ person/ month (maximum support of 3 months) if he/she fully satisfies the following criteria:
- Having rented a room or a house from 1st February 2022 to 30th June 2022;
- Having an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and executed before 1st April 2022.
- Having participated in the compulsory social insurance (included in the list of participants in compulsory social insurance of social insurance agency) in the month preceding the month in which the enterprise makes the list of employees applying for rent support.
The Decision 08/2022/QĐ-TTg took effect from the date of signing.

4. Officially reducing environmental tax by VND 2,000 per litter of gasoline
In accordance with Resolution No.18/2022/UBTVQH15 on environmental protection tax rates for gasoline, oil, and grease issued by the Standing Committee of the National Assembly (UBTVQH), gasoline is reduced by VND 2,000 per litter of environmental tax from 1st April 2022 to 31st December 2022. In detail, reducing 50% of environmental tax rates for gasoline (exception of ethanol), diesel oil, mazut oil, oil, grease, and reducing 70% of the environmental tax rate for petroleum are applied from 1st April 2022 till 31st December 2022.
The Resolution 18/2022/UBTVQH15 takes effect from 1st April 2022.

5. Being compliant with the conditions of customs inspection and supervision by the Export - processing enterprises (EPE).
On 7th December 2021, General Department of Customs – Haiphong Department of Customs issued an Official dispatch No.11984/HQHP-GSQL to Haiphong Sub-Department of Customs of Export-processing zones and industrial zones on the conditions for customs inspection and supervision applied for the EPE.
Accordingly, for the EPE in non-tariff zones must satisfy the conditions stipulated in clause 1 Article 28a under Decree No. 134/2016/ND-CP amended in clause 10 Article 1 Decree No. 18/2021/ND-CP dated 11th March 2021 by the Government, detail is as follows:
a) There are hard fences that separate the EPE from the outside; there are gates/doors that are the only ways for goods to enter and leave the EPE.
b) There are surveillance cameras at the entrances and exits where goods are stored throughout the day (24/24 hours, including days off and holidays); images recorded by these cameras shall be transmitted to the supervisory customs authority of the EPE and retained at the EPE for at least 12 months.
c) There software for management of duty-free goods of the EPE serving preparation of reports on receipt, discharge, inventory, and use of imports required by customs laws.
Based on the actual inspection results, the sub-department of Customs is required to collate the regulation to instruct and respond to the enterprises for completion of conditions for customs inspection and supervision as regulated.