Coming soon, on January 01, 2020, 05 new Laws will officially come into effect. Legal Secretary respectfully sends to our valued Customers and Members a summary of the prominent new points of these 05 Laws in the article below.
Article table of contents
1. Prohibition of inciting, enticing, or forcing others to drink alcohol or beer
This noteworthy content is stipulated in the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019. The acts strictly prohibited in the prevention and control of harmful effects of alcoholic beverages include:
- Inciting, instigating, alluring, or forcing others to drink alcohol or beer;- Employing people under 18 years old to directly participate in the production or sale of alcohol or beer;- Vietnamese official and public employee, laborers in agencies, organizations, officers, non-commissioned officers, professional soldiers, soldiers, people working in the armed forces, students drinking alcohol or beer right before, during working or study hours, and during breaks in working or study hours;- Operating vehicles with alcohol concentration in the blood or breath.
Besides, this Law also stipulates that drinking alcohol or beer is strictly prohibited at certain locations such as healthcare establishments; educational institutions during teaching, learning, and working hours; government agency workplaces…
2. Female inmates with children under 3 years old are to be detained separately
This new provision is stipulated in the Law on Execution of Criminal Judgments 2019. The categories of inmates arranged to be detained separately include:
- Inmates with children under 36 months old following their mothers into the prison;- Inmates who are homosexual, transgender, or have unclear gender can be detained separately.
In addition, inmates are allowed to take labor leave in certain cases: inmates who are ill and certified by the prison’s healthcare that they are not healthy enough for labor; inmates with children under 36 months old staying with their mothers in the prison who are sick and certified by the prison’s healthcare; pregnant female inmates can take labor leave before and after giving birth; inmates being treated in healthcare facilities.
3. Five tasks and projects exempted from investment policy decision effective from January 1, 2020
This content is stated in the Public Investment Law 2019. From January 1, 2020, the following five tasks and projects will not require an investment policy decision:
- Investment preparation tasks;- Planning tasks;- Urgent public investment projects;- Projects under the national target program;- Component projects of projects which have been authorized to decide investment policy.
Also, according to this Law, effective from January 1, 2020, besides the authority to decide investment policy for public investment programs using central budget funds, except for national target programs and important national projects, the Government of Vietnam will also have the authority to regulate the decentralization of authority, procedures, and the decision-making process for investment policy for programs and projects using legal revenue sources of state agencies and public service providers according to regulations on the financial autonomy of these agencies and units.
For more details: Public Investment Law 2019 officially takes effect from January 1, 2020.
4. Five cases in which imported fertilizers are exempted from quality inspection
Law on Crop Production 2018 takes effect from January 1, 2018. This Law stipulates five cases where imported fertilizers are exempted from state quality inspection, specifically:
- Fertilizers for testing;- Fertilizers intended for gifts or samples;- Fertilizers participating in fairs or exhibitions;- Fertilizers serving scientific research;- Fertilizers temporarily imported for re-export or in transit, or transshipped through Vietnamese checkpoints; fertilizers sent to bonded warehouses; fertilizers imported into export processing zones.
Apart from the above cases, imported fertilizers must undergo state quality inspection conducted by a specialized management agency for fertilizers under the Ministry of Agriculture and Rural Development.
5. Prohibition of allowing livestock to witness the slaughter of their kind.
This new regulation is issued in the Law on Animal Husbandry 2018. To be specific, the slaughter facilities must meet the following requirements:
- Have a place for maintaining livestock to ensure hygiene; provide suitable drinking water for livestock while waiting for slaughter;- Minimize fear and pain for livestock; do not beat or abuse livestock;- Have measures for stunning livestock before slaughter; do not allow livestock to witness the slaughter of their kind.
In addition, this Law also requires that when transporting livestock, appropriate transport means and equipment must be used, ensuring ventilated space, and minimizing injuries and fear for the livestock.
Le Hai
