Summary of new points of Laws into force on January 1, 2018
From January 1, 2018 11 Laws comprising the following main points will take effect, including:
1. The 2015 Criminal Code
Bộ luật hình sự 2015
2. The 2017 amended Criminal Code
Luật sửa đổi Bộ luật hình sự 2017
Issuing a document on consolidation of latest Criminal Code.
Văn bản hợp nhất Bộ luật hình sự mới nhất
Disclosing noticeable facts and figures in the latest Criminal Code.
3. The 2015 Law on Organization of Criminal Investigation Bodies
Luật tổ chức cơ quan điều tra hình sự 2015
5 prohibited acts of an investigator include:
- Performing prohibited acts of public officers, public employees, or officers and soldiers of people's armed forces, which are prescribed by laws.
- Giving an arrestee, person temporarily held captive, accused person, defendant, interested person, or other person involved in proceedings, any advice that makes cases or matters handled in breach of laws.
- Interfering in handling of cases or matters, or abusing his/her influence over persons charged with handling such cases or matters.
- Bringing documents or materials related to cases or matters outside of investigation bodies without serving the purpose of performing his/her assigned duties or without the competent person's consent.
- Meeting with accused person, defendant, interested person, or other person involved in proceedings, who is involved in a case or matter under his/her jurisdiction outside of prescribed places.
4. The 2017 Law on Enforcement of Temporary Custody and Detention.
Luật thi hành tạm giữ, tạm giam 2017
New regulations on rights of persons temporarily held in custody or detention enter into force on January 1, 2018.
5. The 2015 Criminal Procedure Code
Bộ luật tố tụng hình sự 2015
Regulations on international cooperation in criminal procedure enter into force
International cooperation intended for criminal investigation, prosecution, judgement and enforcement will include the following:
- Criminal legal assistance.
- Extradition.
- Receipt and transfer of sentenced persons.
- Other international cooperation activities.
As prescribed by this Code, the Ministry of Public Security is the body bearing primary responsibility for extradition and transfer of sentenced persons while the Supreme People’s Procuracy assumes primary responsibility for criminal legal assistance and other international cooperation activities in accordance with laws.
6. The 2016 Law on Religious Belief and Religion
Luật tín ngưỡng, tôn giáo 2016
Officially recognize the legal entity of religious organizations.
Though the 2004 Ordinance on religious belief and religion prescribed criteria for recognition of religious organization, the legal status that a religious organization holds in civil transactions remains unspecified and confusing.
Such confusion causes embarrassment over civil transactions, i.e. opening bank accounts, lending fund or engaging in construction of religious establishments, etc.
The 2016 Law on Religious Belief and Religion enacted and entering into force from January 1, 2018 provides that a religious organization will be eligible for being recognized as a not-for-profit legal entity from the date of its recognition granted by a competent authority.
Also, the Government will be given a mandate to set out specific regulations on processes and procedures for granting legal entity to religious organizations under its jurisdiction.
7. The 2017 Law on Foreign Trade Administration
Luật Quản lý ngoại thương 2017
New points of trade protection measures will enter into force from January 1, 2018.
A number of regulations laid down in the 2005 Law on Commerce will be in effect from January 1, 2018.
8. The 2017 Law on Support for Small and Medium-sized Enterprises
Luật Hỗ trợ Doanh nghiệp nhỏ và vừa 2017
Rights and benefits reserved for small and medium-sized enterprises will come into force from January 1, 2018.
8 rights and benefits reserved for business households who are transformed into enterprises will become operative
.
9. The 2017 Law on Tourism
Luật du lịch 2017
Any illegal transportation of tourists to reside in overseas countries will be prohibited
This is one of the regulations which is newly inserted into the 2017 Law on Tourism, according to which illegal transportation of tourists from Vietnam to overseas countries or vice versa shall be prohibited.
In addition, tour guides who fail to meet statutory practicing requirements will be prohibited from rendering tour guide's travel services, including:
- Holding a tour guide ID card;
- Entering into an employment contract with a travel enterprise or tourist service providers, or becoming a member of a socio-professional association of tour guides with respect to outbound and inbound tour guides;
- Having a tour guide contract with a travel company or a written document on tour guide assignment based on the tour agenda; an eligibility requirement for an on-site tour guide is that (s)he must be assigned by organization or individual in charge of a tourist area or attraction.
10. The 2017 Law on Legal Assistance
Luật Trợ giúp pháp lý 2017
To become a legal assistant, (s)he must be trained as a lawyer
Specifically, qualification and eligibility requirements for becoming a legal assistant in force from January 1, 2018 include:
- Have good moral conduct;
- Hold the bachelor’s degree in law;
- Have already participated in the training for practicing as a lawyer or have access to exemption from participation in such training; have completed his/her internship as a lawyer or legal assistant;
- Prove to be healthy enough to carry out legal assistant’s tasks.
- Be subject to no disciplinary action at the time of submission of application for registration as a legal assistant.
Out of the above-mentioned, requirements, such as having already participated in the training for practicing as a lawyer or have access to exemption from participation in such training, and Be subject to no disciplinary action at the time of submission of application for registration as a legal assistant, are new inputs to the Law.
If a legal assistant fails to submit the Certificate of completion of the training for practicing as a lawyer, his/her practicing card will be revoked after 5 years from January 1, 2018.
11. The 2017 Law on Public Asset Management and Use
Luật Quản lý, sử dụng tài sản công 2017
What do public assets include?
These assets are the people’s property which is held in trust by the State and controlled under its centralized authority, Including:
- Public assets of entities or organizations used for public utilities management, rendering and national defence and security purposes;
- Infrastructure assets in the national and public interests;
- Public assets ownership of which is vested in the people;
- Public assets assigned to enterprises;
- Money existing in the state budget, off-budget financial funds and state foreign-exchange reserves;
- Real estate and other natural resources.
1. The 2015 Criminal Code
Bộ luật hình sự 2015
2. The 2017 amended Criminal Code
Luật sửa đổi Bộ luật hình sự 2017
Issuing a document on consolidation of latest Criminal Code.
Văn bản hợp nhất Bộ luật hình sự mới nhất
Disclosing noticeable facts and figures in the latest Criminal Code.
3. The 2015 Law on Organization of Criminal Investigation Bodies
Luật tổ chức cơ quan điều tra hình sự 2015
5 prohibited acts of an investigator include:
- Performing prohibited acts of public officers, public employees, or officers and soldiers of people's armed forces, which are prescribed by laws.
- Giving an arrestee, person temporarily held captive, accused person, defendant, interested person, or other person involved in proceedings, any advice that makes cases or matters handled in breach of laws.
- Interfering in handling of cases or matters, or abusing his/her influence over persons charged with handling such cases or matters.
- Bringing documents or materials related to cases or matters outside of investigation bodies without serving the purpose of performing his/her assigned duties or without the competent person's consent.
- Meeting with accused person, defendant, interested person, or other person involved in proceedings, who is involved in a case or matter under his/her jurisdiction outside of prescribed places.
4. The 2017 Law on Enforcement of Temporary Custody and Detention.
Luật thi hành tạm giữ, tạm giam 2017
New regulations on rights of persons temporarily held in custody or detention enter into force on January 1, 2018.
5. The 2015 Criminal Procedure Code
Bộ luật tố tụng hình sự 2015
Regulations on international cooperation in criminal procedure enter into force
International cooperation intended for criminal investigation, prosecution, judgement and enforcement will include the following:
- Criminal legal assistance.
- Extradition.
- Receipt and transfer of sentenced persons.
- Other international cooperation activities.
As prescribed by this Code, the Ministry of Public Security is the body bearing primary responsibility for extradition and transfer of sentenced persons while the Supreme People’s Procuracy assumes primary responsibility for criminal legal assistance and other international cooperation activities in accordance with laws.
6. The 2016 Law on Religious Belief and Religion
Luật tín ngưỡng, tôn giáo 2016
Officially recognize the legal entity of religious organizations.
Though the 2004 Ordinance on religious belief and religion prescribed criteria for recognition of religious organization, the legal status that a religious organization holds in civil transactions remains unspecified and confusing.
Such confusion causes embarrassment over civil transactions, i.e. opening bank accounts, lending fund or engaging in construction of religious establishments, etc.
The 2016 Law on Religious Belief and Religion enacted and entering into force from January 1, 2018 provides that a religious organization will be eligible for being recognized as a not-for-profit legal entity from the date of its recognition granted by a competent authority.
Also, the Government will be given a mandate to set out specific regulations on processes and procedures for granting legal entity to religious organizations under its jurisdiction.
7. The 2017 Law on Foreign Trade Administration
Luật Quản lý ngoại thương 2017
New points of trade protection measures will enter into force from January 1, 2018.
A number of regulations laid down in the 2005 Law on Commerce will be in effect from January 1, 2018.
8. The 2017 Law on Support for Small and Medium-sized Enterprises
Luật Hỗ trợ Doanh nghiệp nhỏ và vừa 2017
Rights and benefits reserved for small and medium-sized enterprises will come into force from January 1, 2018.
8 rights and benefits reserved for business households who are transformed into enterprises will become operative
.
9. The 2017 Law on Tourism
Luật du lịch 2017
Any illegal transportation of tourists to reside in overseas countries will be prohibited
This is one of the regulations which is newly inserted into the 2017 Law on Tourism, according to which illegal transportation of tourists from Vietnam to overseas countries or vice versa shall be prohibited.
In addition, tour guides who fail to meet statutory practicing requirements will be prohibited from rendering tour guide's travel services, including:
- Holding a tour guide ID card;
- Entering into an employment contract with a travel enterprise or tourist service providers, or becoming a member of a socio-professional association of tour guides with respect to outbound and inbound tour guides;
- Having a tour guide contract with a travel company or a written document on tour guide assignment based on the tour agenda; an eligibility requirement for an on-site tour guide is that (s)he must be assigned by organization or individual in charge of a tourist area or attraction.
10. The 2017 Law on Legal Assistance
Luật Trợ giúp pháp lý 2017
To become a legal assistant, (s)he must be trained as a lawyer
Specifically, qualification and eligibility requirements for becoming a legal assistant in force from January 1, 2018 include:
- Have good moral conduct;
- Hold the bachelor’s degree in law;
- Have already participated in the training for practicing as a lawyer or have access to exemption from participation in such training; have completed his/her internship as a lawyer or legal assistant;
- Prove to be healthy enough to carry out legal assistant’s tasks.
- Be subject to no disciplinary action at the time of submission of application for registration as a legal assistant.
Out of the above-mentioned, requirements, such as having already participated in the training for practicing as a lawyer or have access to exemption from participation in such training, and Be subject to no disciplinary action at the time of submission of application for registration as a legal assistant, are new inputs to the Law.
If a legal assistant fails to submit the Certificate of completion of the training for practicing as a lawyer, his/her practicing card will be revoked after 5 years from January 1, 2018.
11. The 2017 Law on Public Asset Management and Use
Luật Quản lý, sử dụng tài sản công 2017
What do public assets include?
These assets are the people’s property which is held in trust by the State and controlled under its centralized authority, Including:
- Public assets of entities or organizations used for public utilities management, rendering and national defence and security purposes;
- Infrastructure assets in the national and public interests;
- Public assets ownership of which is vested in the people;
- Public assets assigned to enterprises;
- Money existing in the state budget, off-budget financial funds and state foreign-exchange reserves;
- Real estate and other natural resources.
>>> Reading in Vietnamese: Tổng hợp điểm mới các Luật có hiệu lực từ ngày 01/01/2018
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