Laws come into effect as from 1 July 2016
08:53 01/07/2016
There are 14 laws come into effect as from 1 July 2016, as follows: 1. Law on international treaties The Law, including 10 chapters and 84 articles, was adopted by the 13th National Assembly on 9 April 2016. This Law will take effect as from 1 July 2016 and replace the current Law on Signing, Joining and Implementing International Treaties.
Law on international treaties has comprehensive amendment, which not only overcomes a number of shortcomings of the Law on Signing, Joining and Implementing International Treaties, but also specifies provisions of the 2013 Constitution. The issuance of a new law on international treaties is significant to both internal and external activities of the country, especially in the current international integration period.
2. The Law on amendment and supplement to some articles of the Law on Value Added Tax; the Law on Special Consumption Tax; and the Law on Tax Administration
The amendments made to the Law targets to resolve difficulties and spur production, especially for agro and fishery products; restrict exportation of minerals and raw materials; and encourage the processing of goods with comparative contents. The adjustments of special consumption tax imposed on auxiliary products aim to support enterprises to improve competitiveness in response to extensive economic integration. In addition, the new law also targets to facilitate taxpayers' access to simple and transparent payment; speed up the administrative reform; modernize tax management in conformity with the innovative trend in the tax system.
The regulation on special consumption tax on imports will be calculated by importers with a view to ensuring equality among imports and domestically-made products in the context of international integration.
Accordingly, the special consumption tax for imported cars with 24 seats and below would be based on the importer's price, but the price must not be lower than 105% of the cost of an auto, which includes the car's import price, import tax and special consumption tax at the importing point. If it is lower than this level, the tax will be fixed by a tax agency following regulations on tax management. The new law also regulates a roadmap on special consumption tax cut for under 9-seat cars with less than 2,000 cu.m of engine displacement. However, higher tax consumption rates will be imposed on cars with more than 3,000 cu.m for fear of high exposal of exhaust fumes, low personnel income levels, and poor transport infrastructure conditions.
3. Civil Procedure Code
The Code was passed by the National Assembly on 25 November 2015, effective from 1 July 2016 (CPC 2015). CPC 2015 requires the Court not to refuse the settlement of civil cases if no law applies. The settlement of cases which does not directly evoke the law at the time the dispute arises will be carried out according to the rules of the Civil Code and the provisions of CPC 2015.
In addition, CPC 2015 has reversed Section 3 of Chapter III to provide guidelines for handling cases without applicable law. Accordingly, the determination of the jurisdiction of the Court, order and procedures for settling the case will apply similar to cases regulated by law.
The CPC 2015 supplements some categories of disputes and civil requests which are under the jurisdiction of the Court: (i) Disputes over compensation for damage caused by the application of administrative prevention measures not compliant with the provision of competition law, unless claim for damages is to be settled under administrative procedures; (ii) disputes over births by reproduction assisting techniques, surrogacy for humanitarian purposes; custody disputes, property division of men and women living together as spouses without marriage registration or unlawfully cancelling the marriage; (iii) disputes between people who are not yet company members but have transaction on the transfer of capital with the company, members of the company; (iv) disputes over apprenticeship, training, sublease labor, trade union rights and trade union funds, occupational safety, occupational health, compensation for damages caused by illegal strikes; and (v) declarations recognizing the successful results of conciliation outside courts; declarations on the neutralization of agreements on property regulation of spouses; cancelling the resolution of the General Meeting of Shareholders and resolutions of the Broad members as stipulated by the law on enterprises; request of declarations neutralizing labor contracts, collective labor agreements; request to examine the legality of a strike, and so forth.
4. Law on Hydrometeorology
The Law on Hydrometeorology includes 10 chapters and 57 articles taking effect from as from 1 July 2016 and replaces the Ordinance on utilization and protection of hydro-meteorological works.
This Law stipulates hydro-meteorological activities including: Management and operation of station networks; forecasts, warnings; information, data; hydro-meteorological services; climate change monitoring; impacts on weather and state administration; rights, responsibility and obligations of agencies, organizations, and individuals involved in hydro-meteorological activities.
5. Law on Professional Army Men and Defense Workers and Employees
The Law on Professional Army Men and Defense Workers and Employees was adopted by the National Assembly on 26 November 2015, consisting of 7 chapters and 52 articles. One of the most important provisions of the Law is the provision on retired age of professional army men and defense workers and employees.
6. Law on Referendum
Under the new Law on Referendum, the NA has the right to conduct a referendum to gather opinions of people on key issues of the country. These issues include a part of the Constitution; special problems related to sovereignty, national territory, and defense, security and external relations that directly affect national interests; crucial social and economic matters that significantly influence the country’s development; and other important issues.
A referendum is valid when at least three quarters of the total number of voters nationwide take part, and its results are recognized only when over half of the eligible ballots are cast, the law says.
For a referendum on Constitution-related issues, its results are valid only when at least two-thirds of the total qualified votes are counted, according to the law. Notably though, the result of a referendum is final and decisive in the issue raised for feedback from the public, according to Article 11 of the legislation. That means the result of a referendum will take effect directly, without having to undergo any examination by any agency.
7. Law on Administrative Procedures
The Code consists of 23 chapters and 372 articles, effective from 1 July 2016. This Code has issued and specified certain new administrative procedures including (i) new right to access and exchange documents and evidence of involved parties. A party must inform the other party of its provision of evidence to the Court within 5 working days so that the other party can access such evidence at the Court; (ii) new procedures for cases involving foreign elements and handling acts of intervening or hindering administrative procedure.
8. Law on Statistics
The Law consists of 9 chapters and 72 articles will take effect as from 1 July 2016. One of new provisions of the Law is that the scope of the Law is expanded to both State and non-State statistical activities.
The adjustment of the Law also aimed to meet the demand for improving the effectiveness of the State management on statistical work. By doing so, it would help the Government to assess or forecast the economic condition as well as work out strategies for macro-economic administration so as to spur the country's economic development.
The expansion of the scope of the Law to all entities will help promote the development of statistical work with an aim to meet the need of organizations and individuals in the use of statistical information for their research, production and business or other legal demands.
9. Law on Oversight Activities of the National Assembly and People’s Councils
With effect from 1 July 2016, the Law on Oversight Activities of the National Assembly and People’s Councils consisting of 10 chapters, 91 articles aims to renovate oversight activities of the National Assembly, People’s Councils and other members within the political system in line with the recent renewal of the organization of these entities. The Law focuses on regulating the oversight competence of National Assembly and People’s Councils and their bodies and deputies and the order and procedures for carrying out oversight activities.
The Law defines oversight as not only monitoring, review and assessment of operations of agencies, organizations and individuals subject to oversight but also handling of such agencies, organizations and individuals.
10. Law on Online Information Security
The Law on Online Information Security prescribes online information security activities; rights and responsibilities of agencies, organizations and individuals in ensuring online information security; civil ciphers; standards and technical regulations on online information security; trading activities in the fields of online information security; development of human resources for online information security; and state management of online information security.
The Law requires agencies, organizations and individuals to ensure security of online information and not to infringe online information security of others. Online information security activities must comply with law, ensure national defense and security and state secrets, maintain political stability and social order and safety, and promote socio-economic development.
The handling of incidents related to online information security must ensure lawful rights and interests of organizations and individuals and not infringe privacy as well as personal secrets of individuals or private information of organizations.
11. Law on Sea and Island Natural Resources and Environment
The Law on Sea and Island Natural Resources and Environment consists of 10 chapters and 81 articles. Stipulations in the Law focus on mapping out master plans on exploitation, utilization, and delegation of state management of marine resources and the protection of marine heritages. The Law scrutinizes and connects stipulations in related laws to create a comprehensive legal system governing sea and islands. The Law aims to provide a legal framework for a new method of managing marine resource exploitation and use.
According to the Law, the Ministry of Natural Resources and Environment will be the focal point that coordinates the ministries and sectors involved in the management of sea and islands (Article 73).
12. The Law on Veterinary
The Law on Animal Health approved by the National Assembly on 19 June 2015 supersedes the Veterinary Ordinance 18/2004/PL-UBTVQH10, and will be effective from 1 July 2016. It covers a wide range of animal health related areas including prevention, control, and surveillance of animal diseases, management of animal slaughtering and processing, import quarantine inspection of animal and animal products, and the management of veterinary drugs.
A number of circulars are currently being drafted by the Ministry of Agriculture and Rural Development to implement sections of the Law.
13. The Law on Occupational Safety and Hygiene
The Law on Occupational Safety and Hygiene seeks to assure occupational safety and hygiene and introduces policies for victims of labor accidents and occupational diseases. It also provides state management and rights and obligations of organizations and individuals in occupational safety and hygiene.
The Law introduces comprehensive policies on occupational safety and hygiene, including scientific research and technological application, support for occupational risk prevention and sharing, insurance regime for labor accidents and occupational diseases and support for employers and employees in assurance of occupational safety and hygiene.
The Law applies to contract and non-contract employees, apprentices, trainees, Vietnamese contract guest workers and foreign employees in Vietnam.
14. Law on Promulgation of Legal Documents
The Law on Promulgation of Legal Documents aims to enhance the uniformity, transparency, feasibility and effectiveness of and easier access to the legal system. Being a combination of the 2008 Law on Promulgation of Legal Documents (the 2008 Law) and the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees (the 2004 Law), the new Law regulates the legislative process at both central and local levels.
With 17 chapters and 173 articles, the Law establishes the principles, competence, forms, order, procedures for formulation and promulgation of legal documents, and responsibilities of state agencies, organizations and individuals in legislative work. As per the Law, a legal normative document, also called legal document, is the one that contains legal norms and is issued according to the competence, order and procedures and in a form defined in the Law.
Compared to the 2008 Law and the 2004 Law, the 2015 Law abolishes five types of legal document, including joint resolutions of the Standing Committee of the National Assembly or the Government and a central agency of a socio-political organization, except joint resolutions of the Standing Committee of the National Assembly or the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint circulars of ministers and heads or ministerial-level agencies; directives of provincial-level People’s Committees; directives of district-level People’s Committees; and directives of commune-level People’s Committees.
However, the Law adds legal documents of local administrations in special administrative-economic units in accordance with the 2013 Constitution./.
2. The Law on amendment and supplement to some articles of the Law on Value Added Tax; the Law on Special Consumption Tax; and the Law on Tax Administration
The amendments made to the Law targets to resolve difficulties and spur production, especially for agro and fishery products; restrict exportation of minerals and raw materials; and encourage the processing of goods with comparative contents. The adjustments of special consumption tax imposed on auxiliary products aim to support enterprises to improve competitiveness in response to extensive economic integration. In addition, the new law also targets to facilitate taxpayers' access to simple and transparent payment; speed up the administrative reform; modernize tax management in conformity with the innovative trend in the tax system.
The regulation on special consumption tax on imports will be calculated by importers with a view to ensuring equality among imports and domestically-made products in the context of international integration.
Accordingly, the special consumption tax for imported cars with 24 seats and below would be based on the importer's price, but the price must not be lower than 105% of the cost of an auto, which includes the car's import price, import tax and special consumption tax at the importing point. If it is lower than this level, the tax will be fixed by a tax agency following regulations on tax management. The new law also regulates a roadmap on special consumption tax cut for under 9-seat cars with less than 2,000 cu.m of engine displacement. However, higher tax consumption rates will be imposed on cars with more than 3,000 cu.m for fear of high exposal of exhaust fumes, low personnel income levels, and poor transport infrastructure conditions.
3. Civil Procedure Code
The Code was passed by the National Assembly on 25 November 2015, effective from 1 July 2016 (CPC 2015). CPC 2015 requires the Court not to refuse the settlement of civil cases if no law applies. The settlement of cases which does not directly evoke the law at the time the dispute arises will be carried out according to the rules of the Civil Code and the provisions of CPC 2015.
In addition, CPC 2015 has reversed Section 3 of Chapter III to provide guidelines for handling cases without applicable law. Accordingly, the determination of the jurisdiction of the Court, order and procedures for settling the case will apply similar to cases regulated by law.
The CPC 2015 supplements some categories of disputes and civil requests which are under the jurisdiction of the Court: (i) Disputes over compensation for damage caused by the application of administrative prevention measures not compliant with the provision of competition law, unless claim for damages is to be settled under administrative procedures; (ii) disputes over births by reproduction assisting techniques, surrogacy for humanitarian purposes; custody disputes, property division of men and women living together as spouses without marriage registration or unlawfully cancelling the marriage; (iii) disputes between people who are not yet company members but have transaction on the transfer of capital with the company, members of the company; (iv) disputes over apprenticeship, training, sublease labor, trade union rights and trade union funds, occupational safety, occupational health, compensation for damages caused by illegal strikes; and (v) declarations recognizing the successful results of conciliation outside courts; declarations on the neutralization of agreements on property regulation of spouses; cancelling the resolution of the General Meeting of Shareholders and resolutions of the Broad members as stipulated by the law on enterprises; request of declarations neutralizing labor contracts, collective labor agreements; request to examine the legality of a strike, and so forth.
4. Law on Hydrometeorology
The Law on Hydrometeorology includes 10 chapters and 57 articles taking effect from as from 1 July 2016 and replaces the Ordinance on utilization and protection of hydro-meteorological works.
This Law stipulates hydro-meteorological activities including: Management and operation of station networks; forecasts, warnings; information, data; hydro-meteorological services; climate change monitoring; impacts on weather and state administration; rights, responsibility and obligations of agencies, organizations, and individuals involved in hydro-meteorological activities.
5. Law on Professional Army Men and Defense Workers and Employees
The Law on Professional Army Men and Defense Workers and Employees was adopted by the National Assembly on 26 November 2015, consisting of 7 chapters and 52 articles. One of the most important provisions of the Law is the provision on retired age of professional army men and defense workers and employees.
6. Law on Referendum
Under the new Law on Referendum, the NA has the right to conduct a referendum to gather opinions of people on key issues of the country. These issues include a part of the Constitution; special problems related to sovereignty, national territory, and defense, security and external relations that directly affect national interests; crucial social and economic matters that significantly influence the country’s development; and other important issues.
A referendum is valid when at least three quarters of the total number of voters nationwide take part, and its results are recognized only when over half of the eligible ballots are cast, the law says.
For a referendum on Constitution-related issues, its results are valid only when at least two-thirds of the total qualified votes are counted, according to the law. Notably though, the result of a referendum is final and decisive in the issue raised for feedback from the public, according to Article 11 of the legislation. That means the result of a referendum will take effect directly, without having to undergo any examination by any agency.
7. Law on Administrative Procedures
The Code consists of 23 chapters and 372 articles, effective from 1 July 2016. This Code has issued and specified certain new administrative procedures including (i) new right to access and exchange documents and evidence of involved parties. A party must inform the other party of its provision of evidence to the Court within 5 working days so that the other party can access such evidence at the Court; (ii) new procedures for cases involving foreign elements and handling acts of intervening or hindering administrative procedure.
8. Law on Statistics
The Law consists of 9 chapters and 72 articles will take effect as from 1 July 2016. One of new provisions of the Law is that the scope of the Law is expanded to both State and non-State statistical activities.
The adjustment of the Law also aimed to meet the demand for improving the effectiveness of the State management on statistical work. By doing so, it would help the Government to assess or forecast the economic condition as well as work out strategies for macro-economic administration so as to spur the country's economic development.
The expansion of the scope of the Law to all entities will help promote the development of statistical work with an aim to meet the need of organizations and individuals in the use of statistical information for their research, production and business or other legal demands.
9. Law on Oversight Activities of the National Assembly and People’s Councils
With effect from 1 July 2016, the Law on Oversight Activities of the National Assembly and People’s Councils consisting of 10 chapters, 91 articles aims to renovate oversight activities of the National Assembly, People’s Councils and other members within the political system in line with the recent renewal of the organization of these entities. The Law focuses on regulating the oversight competence of National Assembly and People’s Councils and their bodies and deputies and the order and procedures for carrying out oversight activities.
The Law defines oversight as not only monitoring, review and assessment of operations of agencies, organizations and individuals subject to oversight but also handling of such agencies, organizations and individuals.
10. Law on Online Information Security
The Law on Online Information Security prescribes online information security activities; rights and responsibilities of agencies, organizations and individuals in ensuring online information security; civil ciphers; standards and technical regulations on online information security; trading activities in the fields of online information security; development of human resources for online information security; and state management of online information security.
The Law requires agencies, organizations and individuals to ensure security of online information and not to infringe online information security of others. Online information security activities must comply with law, ensure national defense and security and state secrets, maintain political stability and social order and safety, and promote socio-economic development.
The handling of incidents related to online information security must ensure lawful rights and interests of organizations and individuals and not infringe privacy as well as personal secrets of individuals or private information of organizations.
11. Law on Sea and Island Natural Resources and Environment
The Law on Sea and Island Natural Resources and Environment consists of 10 chapters and 81 articles. Stipulations in the Law focus on mapping out master plans on exploitation, utilization, and delegation of state management of marine resources and the protection of marine heritages. The Law scrutinizes and connects stipulations in related laws to create a comprehensive legal system governing sea and islands. The Law aims to provide a legal framework for a new method of managing marine resource exploitation and use.
According to the Law, the Ministry of Natural Resources and Environment will be the focal point that coordinates the ministries and sectors involved in the management of sea and islands (Article 73).
12. The Law on Veterinary
The Law on Animal Health approved by the National Assembly on 19 June 2015 supersedes the Veterinary Ordinance 18/2004/PL-UBTVQH10, and will be effective from 1 July 2016. It covers a wide range of animal health related areas including prevention, control, and surveillance of animal diseases, management of animal slaughtering and processing, import quarantine inspection of animal and animal products, and the management of veterinary drugs.
A number of circulars are currently being drafted by the Ministry of Agriculture and Rural Development to implement sections of the Law.
13. The Law on Occupational Safety and Hygiene
The Law on Occupational Safety and Hygiene seeks to assure occupational safety and hygiene and introduces policies for victims of labor accidents and occupational diseases. It also provides state management and rights and obligations of organizations and individuals in occupational safety and hygiene.
The Law introduces comprehensive policies on occupational safety and hygiene, including scientific research and technological application, support for occupational risk prevention and sharing, insurance regime for labor accidents and occupational diseases and support for employers and employees in assurance of occupational safety and hygiene.
The Law applies to contract and non-contract employees, apprentices, trainees, Vietnamese contract guest workers and foreign employees in Vietnam.
14. Law on Promulgation of Legal Documents
The Law on Promulgation of Legal Documents aims to enhance the uniformity, transparency, feasibility and effectiveness of and easier access to the legal system. Being a combination of the 2008 Law on Promulgation of Legal Documents (the 2008 Law) and the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees (the 2004 Law), the new Law regulates the legislative process at both central and local levels.
With 17 chapters and 173 articles, the Law establishes the principles, competence, forms, order, procedures for formulation and promulgation of legal documents, and responsibilities of state agencies, organizations and individuals in legislative work. As per the Law, a legal normative document, also called legal document, is the one that contains legal norms and is issued according to the competence, order and procedures and in a form defined in the Law.
Compared to the 2008 Law and the 2004 Law, the 2015 Law abolishes five types of legal document, including joint resolutions of the Standing Committee of the National Assembly or the Government and a central agency of a socio-political organization, except joint resolutions of the Standing Committee of the National Assembly or the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint circulars of ministers and heads or ministerial-level agencies; directives of provincial-level People’s Committees; directives of district-level People’s Committees; and directives of commune-level People’s Committees.
However, the Law adds legal documents of local administrations in special administrative-economic units in accordance with the 2013 Constitution./.