From January 1, 2017, 07 Laws began to take effect. Here are the new notable points of these laws introduced by the Legal Secretary.
Article table of contents
- Officially Permitted for Gender Transition from January 1, 2017
This noteworthy content is addressed in the Civil Code 2015, which was approved by the National Assembly on November 24, 2015.
It has several prominent new points, such as:
- Individuals have the right to re-determine their gender.
An individual who has undergone gender transition has the right and duty to register changes in civil status according to law; they have personal rights suitable to the re-determined gender as prescribed in this Code and other relevant laws.
- Clearly defined interest rates under agreements: Agreed interest rates must not exceed 20% per year on the loan amount, except otherwise stipulated by relevant laws.
The Civil Code 2015 is effective from January 1, 2017, and replaces the Civil Code 2005.
- Subjects Exempted or Reduced from Fees and Charges
According to the Law on Fees and Charges No. 97/2015/QH13, approved by the National Assembly on November 25, 2015, the exemptions and reductions of fees and charges include:
- Children;- Poor households;- Elderly;- Disabled people;- Persons with contributions to the revolution;- Ethnic minorities in particularly difficult socio-economic regions;- Some special subjects defined by law.
See the list of fees and charges that includes 213 fee items, 103 charge items, and 17 services transitioned from fees to state-priced service charges at the Law on Fees and Charges 2015, effective from January 1, 2017. The Ordinance on Fees and Charges 2001 and the Ordinance on Court Fees and Charges 2009 expired from the effective date of this Law.
- List of 243 New Conditional Investment and Business Fields
The Law Amending and Supplementing Article 6 and Appendix 4 on the List of Conditional Investment and Business Fields of the Law on Investment starts its effect from January 1, 2017. Accordingly:
- A new list comprising 243 conditional investment and business fields is issued, replacing the current 268 fields;- Adding the business activity of fireworks to the list of prohibited investment and business fields.
Additionally, from July 1, 2017, the fields of business related to the camouflage equipment, software for audio/video recording, positioning, and motor vehicle manufacturing, assembly, and importation are added to the list of conditional business fields.
See the detailed list of 243 conditional investment and business fields at Law No. 03/2016/QH14, effective from January 1, 2017.
- A Manager at a Single-owner LLC is Allowed to Concurrently Serve as Accountant
This noteworthy content is addressed in the Accounting Law 2015. Persons in charge of managing and operating accounting units at private enterprises and single-owner limited liability companies are allowed to concurrently serve as accountant, storekeeper, and treasurer.
In addition, the Accounting Law 2015 also adds many prohibited acts, such as:
- Renting, borrowing, leasing, lending accounting certificates or certificates of registration for accounting services in any form;- Keeping two or more sets of financial accounting books, or providing, publishing inconsistent financial reports within the same accounting period;- Providing accounting services without a Certificate of Sufficient Conditions for Accounting Services or practicing accounting services without meeting the conditions specified by this Law;- Hiring individuals or organizations that do not meet the conditions for practicing or providing accounting services to offer accounting services for one's unit.
- The Community Will Monitor the State Budget
According to the State Budget Law 2015, the Vietnam Fatherland Front at all levels will organize the community's supervision of the state budget. The supervision includes:
- Compliance with legal regulations on state budget management and use;- Implementation of the annual state budget estimate;- Implementation of state budget publicity under Article 15 of this Law.
The Government of Vietnam will provide detailed regulations on the community's supervision of the state budget.
The State Budget Law 2015 takes effect from the 2017 fiscal year, and the State Budget Law 2002 expires from this date.
- Prohibition on Charging Guilt Without a Court Verdict
The Press Law 2016 has added several prohibited acts compared to the current regulations. For example:
- Distorting history; denying revolutionary achievements; insulting the nation, national heroes;- Information promoting superstitions, obscurantism; information on mystical stories causing social panic, negatively affecting social order and public health;- Charging guilt without a court verdict;- Information affecting the normal physical and mental development of children;- Threatening, intimidating the lives of journalists, reporters; destroying, confiscating equipment, documents, obstructing lawful journalistic activities.
- Many Pharmaceutical Establishments Do Not Require Certification of Sufficient Conditions for Pharmaceutical Business
This new regulation is highlighted in the Pharmacy Law 2016, effective from January 1, 2017. Pharmaceutical establishments not required to obtain Certification of Sufficient Conditions for Pharmaceutical Business include:
- Pharmaceutical establishments with non-commercial purposes;- Business establishments with drug shelves;- Establishments cultivating and harvesting medicinal herbs;- Medical establishments under the armed forces with drug supply activities in ethnic minority regions, mountainous areas, islands, particularly difficult socio-economic regions.
