New highlights of 12 laws adopted by National Assembly
1. 2017 Law on Assisting Small and Medium Enterprises: (4 Chapters and 35 Articles)
Replaced document: 2006 Law on Technology Transfer
Effective date: January 01, 2018
- Criteria for determining small and medium enterprises are changed:
+ Total number of employees in the previous year does not exceed 200 people;
+ Total capital in the previous year does not exceed VND 100 billion;
+ Total revenue in the previous year does not exceed VND 300 billion.
- Household businesses converted will be entitled to:
+ Free consulting service for application for establishment;
+ Free enterprise registration;
+ Exemptions of fees for first application of the conditional business license;
+ Free training courses in tax and accounting for 3 years from the date of conversion;
+ Exemption from licensing fees within the first 3 years from the date of conversion;
+ Remission of corporate income tax.
2. 2017 Law on Management of Foreign Trade: (8 Chapters and 113 Articles)
Effective date: January 01, 2018
Guidelines for application of trade remedies such as: anti-dumping, anti-subsidy, trade defense instruments and emergency controls.
Replaced documents:
3. 2017 Law on Technology Transfer: (6 Chapters and 60 Articles)
Effective date: July 01, 2018
- Simplification of procedures for technology transfer in investment projects.
- Prevention, removal of outdated technologies, technologies that have adverse impacts on the society, the economy, national defense and security, environment and human health.
Replaced document: 2006 Law on Technology Transfer
4. 2017 Law on Tourism: (9 Chapters and 82 Articles)
Effective date: January 01, 2018
- Prohibition against organization of illegal entry or exit of foreigners to and from Vietnam in the name of tourism.
- Classification of tourist accommodation establishments on the principle of voluntary registration with state authorities.
Ranking: 1 star, 2 stars, 3 stars, 4 stars and 5 stars.
Replaced document: 2005 Law on Tourism
5. 2017 Law on Railways: (10 Chapters and 87 Articles)
Effective date: July 01, 2018
- Incentives for railway operations:
+ Exemption from land use charges for area used for infrastructure construction;
+ Preferential rates of corporate income tax.
- Application of the price mechanism to the lease or franchise of rights to operate railway infrastructure.
Replaced document: 2005 Law on Railways
6. 2017 Law on Irrigation: (10 Chapters and 60 Articles)
Effective date: July 01, 2018
Handling of irrigation works that are abandoned due to lack of capital and are not governed by this Law.
Replaced document: 2001 Ordinance on exploitation and protection of irrigation works
7. 2017 Law on State Compensation Liability: (9 Chapters and 78 Articles)
Effective date: July 01, 2018
Compensation for mental damage shall only be provided for relatives of a person wrongfully convicted in case of his/her death.
Replaced document: 2009 Law on State Compensation Liability
8. 2017 Law on Legal Aid: (8 Chapters and 48 Articles)
Effective date: January 01, 2018
14 types of beneficiaries provided with legal aid include:
- People with meritorious services to the revolution.
- Poor people.
- Children involved in legal proceedings, handling of administrative violations, rehabilitation and reintegration.
- Ethnic minorities residing in extremely disadvantaged areas.
- Convicts from 16 years old to under 18 years old.
- Convicts who are members of near-poor households.
- Any of the following people who is facing financial difficulties:
+ Elderly; disabled people;
+ Parents, spouses, children and caregivers of martyrs;
+ Victims of human trafficking;
+ Victims from 16 years old to under 18 years old in criminal cases;
+ Victims in domestic violence cases;
+ Victims of agent orange (dioxin);
+ People infected with HIV/AIDS.
Replaced document: 2006 Law on Legal Aid
9. Amended 2017 Criminal Code
Effective date: January 01, 2018
Additional offences:
- Illegal multi-level marketing.
- Production, trade and/or processing of unsafe food.
- Lawyers’ criminal liability for failure to report crimes is reduced.
10. 2017 Law on Management and Use of State Property: (10 Chapters and 134 Articles)
Effective date: January 01, 2018
Telephone numbers are a type of resources and they shall be managed and used in accordance with law.
Replaced document: 2008 Law on Management and Use of State Property
11. 2017 Law on Management and Use of Weapons, Explosive Materials and Supporting Tools: (8 Chapters and 76 Articles)
Effective date: July 01, 2018
Cases in which the fire is opened without warnings:
- A person using a weapon or explosive materials to directly commits acts of terrorism, murder, hostage taking or directly uses a weapon or explosive materials to resist arrest after committing any of such acts;
- A person suspected of illegally producing, selling and purchasing, storing, transporting or using drugs directly uses a weapon or explosive materials to resist arrest;
- A person using a weapon or explosive materials attacks or directly threatens a person protected by national guards or a work related to national security or a key target to be protected according to regulations of law;
- A person that uses violence, a weapon or explosive materials to threaten life of a duty officer or another person;
- A person who attempts to take a duty officer’s gun;
- An animal that threatens life and health of a duty officer or another person.
Replaced document: Ordinance on management and use of weapons, explosive materials and supporting tools
12. 2017 Law on National Guards: (6 Chapters and 33 Articles)
Effective date: July 01, 2018
- List or key persons protected by national guards:
Holders of key positions and titles of Vietnamese Communist Party, the Socialist Republic of Vietnam and Central Committee of Vietnamese Fatherland Front:
+ General Secretary of the Central Committee of the Vietnamese Communist Party;
+ The President;
+ Chairman of the National Assembly;
+ The Prime Minister;
+ Former General Secretary of the Central Committee of the Vietnamese Communist Party;
+ Former President, former Chairman of the National Assembly;
+ Former Prime Minister, members of Politburo of the Central Committee of the Vietnamese Communist Party;
+ Secretariat of the Central Committee of the Vietnamese Communist Party;
+ Chairman of the Central Committee of Vietnamese Fatherland Front;
+ Vice President;
+ Vice Chairman of the National Assembly;
+ Deputy Prime Minister
+ Foreign guests coming to Vietnam for visiting or working.
Key areas:
+ Workplace of the Central Committee of Vietnamese Communist Party;
+ Workplace of the President;
+ Workplace of the National Assembly;
+ Workplace of the Government;
+ Ho Chi Minh Mausoleum;
+ Ho Chi Minh Museum;
+ Presidential Palace Historical Site;
+ Ba Dinh Square;
+ Monuments of martyrs on Bac Son Street, Ba Dinh, Hanoi;
Special events:
+ National Congress of the Vietnamese Communist Party;
+ Meetings of the Central Committee of Vietnamese Communist Party;
+ Sessions of the National Assembly, meetings of the Politburo;
+ Secretariat;
+ Council for National Defense and Security;
+ Standing Committee of the National Assembly;
+ The Government, etc.
- National guards in the performance of their duties shall only open fire in the following cases:
+ Warning a subject that is breaking into a key area/target under protection of national guards;
+ Inflicting an injury on a subject that is breaking into a key area/target after signaling the stop and firing warning but ineffective;
+ Disabling the subject that has an act of direct attacking a key person or national guards in the performance of their duties;
+ Other relevant cases.
Replaced document: 2005 Ordinance on national guards
Reading in Vietnames: Điểm mới của 12 Luật vừa được Quốc hội thông qua
Reading in Vietnames: Điểm mới của 12 Luật vừa được Quốc hội thông qua
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