12 New Laws and Noteworthy Contents

Thu Ky Luat has officially updated the full text of 12 new Laws that took effect in 2018. Here are the noteworthy contents of the 12 Laws:

| **No** | **Law** | **Effective Date** | **Noteworthy Content** || --- | --- | --- | --- || 1 | **[Law No. 12/2017/QH14](https://lawnet.vn/vb/luat-sua-doi-bo-luat-hinh-su-2017-56705.html)** 
Amending and supplementing the 2015 Penal Code | January 01, 2018 | ***Addition of "Crime of violating regulations on multi-level marketing activities"***


Anyone who organizes a multi-level marketing business without a multi-level marketing business registration certificate (GCN) or in violation of the contents of the GCN shall face a maximum penalty of 5 years imprisonment.


Offenders may also be fined between 100 - 500 million VND, banned from practicing certain professions or performing certain jobs for 1 - 5 years. || 2 | **[Law on Support for Small and Medium Enterprises 2017](https://lawnet.vn/vb/luat-ho-tro-doanh-nghiep-nho-va-vua-2017-4e589.html)** | January 01, 2018 | ***Numerous benefits for household businesses transitioning to SMEs:***


+ Free consultation and guidance on business establishment documents and procedures (DN);
+ Exemption from DN registration fees and initial DN information provision fees;
+ Exemption from initial appraisal fees, licensing fees for conditional business lines;
+ Exemption from business license tax for 3 years from the date of first GCN registration;
+ Free consultation and guidance on administrative tax procedures and accounting policies for 3 years;
+ Temporary exemption or reduction of corporate income tax;
+ Temporary exemption or reduction of land levy. || 3 | **[Law on Foreign Trade Management 2017](https://lawnet.vn/vb/luat-quan-ly-ngoai-thuong-2017-4eaab.html)** | January 01, 2018 | ***Principles for applying trade remedy measures:***


+ Measures can be applied only after a transparent, fair investigation in accordance with legal provisions based on investigation conclusions;
+ No collection of tax differentials if the official trade remedy tax rate is higher than the provisional rate;
+ Refund of tax differentials if the official trade remedy tax rate is lower than the provisional rate. || 4 | **[Tourism Law 2017](https://lawnet.vn/vb/luat-du-lich-2017-4ed78.html)** | January 01, 2018 | ***Addition of on-site tour guides***


+ On-site tour guides can guide visitors within designated tourist areas or attractions;


+ Conditions for issuing on-site tour guide cards:
   . Meet the conditions for issuing domestic tour guide cards;
   . Pass on-site tour guide proficiency tests organized by provincial tourism agencies. || 5 | **[Law on Legal Aid 2016](https://lawnet.vn/vb/luat-tro-giup-phap-ly-2016-4ed7a.html)** | January 01, 2018 | ***Addition of more beneficiaries of legal aid:***


+ People with meritorious services to the revolution;
+ People from poor households;
+ Children;
+ Ethnic minorities residing in areas with particularly difficult economic-social conditions;
+ Persons accused or charged between 16 to under 18 years old;
+ Accused persons belonging to near-poor households;
+ Individuals with financial difficulties. || 6 | **[Law on the Management and Use of Public Property 2017](https://lawnet.vn/vb/luat-quan-ly-su-dung-tai-san-cong-2017-4eaac.html)** | January 01, 2018 | ***Community right to supervise public property***


The management and use of public property shall be supervised by the community, except for property classified as state secrets.


Supervision content includes:
+ Compliance with laws on the management and use of public property;
+ The situation of investment, procurement, assignment, leasing, and usage of public property;
+ The exploitation of financial resources from public property;
+ The transparency of public property management. || 7 | **[Railway Law 2017](https://lawnet.vn/vb/luat-duong-sat-2017-4b159.html)** | July 01, 2018 | ***Specific regulations on the management responsibility of railway infrastructure assets***


+ Provincial People's Committees execute ownership representation tasks and powers concerning urban railway infrastructure assets;
+ Businesses operating railway infrastructure manage, operate, protect railway infrastructure assets when allocated, leased, or transferred by the State as per the law. || 8 | **[Law on Irrigation 2017](https://lawnet.vn/vb/luat-thuy-loi-2017-4ed75.html)** | July 01, 2018 | ***Developing water resource strategies in a 10-year cycle, with a 30-year vision***


Water resource strategies are developed for 10-year cycles, with a vision of 30 years or more, fitting the socio-economic, defense, and security development strategies.


Water resource strategies are updated and adjusted according to changes in socio-economic, defense, and security strategies or major natural disaster events. || 9 | **[Law on State Compensation](https://lawnet.vn/vb/luat-trach-nhiem-boi-thuong-cua-nha-nuoc-2017-4c8ad.html)** | July 01, 2018 | ***Determining actual lost or reduced income of individuals suffering damages***


+ Stable income from wages or salaries is calculated based on the victim's wage/salary for the period it was lost or reduced;
+ Unstable income from wages or salaries is calculated on the average wage/salary of the 3 consecutive months before the damage occurred for the period the wages/salaries were lost or reduced;
+ Seasonal unstable income is calculated as the average income of similar labor in the locality for the period the actual income was lost or reduced. If the average income cannot be determined, the actual lost or reduced income compensation is a regional minimum wage day for each day of damages. || 10 | **[Law on Technology Transfer 2017](https://lawnet.vn/vb/luat-chuyen-giao-cong-nghe-sua-doi-2017-4ed79.html)** | July 01, 2018 | **Measures to support and encourage businesses to apply and innovate technology:**


Funding support, loan guarantees, and interest support from the National Innovation Fund and credit institutions. || 11 | **[Law on the Management and Use of Weapons, Explosives, and Supporting Tools 2017](https://lawnet.vn/vb/luat-quan-ly-su-dung-vu-khi-vat-lieu-no-cong-cu-ho-tro-2017-4e261.html)** | July 01, 2018 | **Instances of firing without warning:**


+ Perpetrators using weapons, explosives directly involved in terrorism, murder, hostage-taking, or resisting arrest immediately post-offense;
+ Individuals producing, trading, storing, transporting, or organizing illegal drug use directly using weapons or explosives against arrest efforts;
+ Persons using weapons, explosives attacking or threatening national security protectees or important security sites;
+ Perpetrators using weapons, explosives, or force to directly threaten law enforcement or others;
+ Individuals attempting to snatch weapons from law enforcement;
+ Animals directly threatening the lives and health of law enforcement or others. || 12 | **[Law on Guard Force 2017](https://lawnet.vn/vb/luat-canh-ve-2017-44635.html)** | July 01, 2018 | ***Selection criteria for participants in the Guard Force***


+ Vietnamese citizens aged 18 or older, regardless of gender, with good political and moral qualities, health, clear backgrounds, and voluntary long-term service in the Guard Force;
+ Holding qualifications, technical expertise, and skills suitable for the specific nature of guard tasks. |

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