Coming soon, on July 1, 2019, 06 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 06 Laws in the article below.
Article table of contents
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1. From July 1, 2019, committing treason or espionage will not be eligible for amnesty
This is one of the notable new contents at the Amnesty Law 2018.
Specifically, compared to the Amnesty Law 2007, the Amnesty Law 2018 has added cases where those sentenced to prison for crimes such as: Crime of treason against the Fatherland; crime of activities aimed at overthrowing the people's government; crime of espionage; crime of infringing territorial security; crime of riot; crime of terrorism against the people's government; etc., are not proposed for amnesty.
At the same time, the new Law also adds cases where amnesty will not be proposed for the parts of the court judgment or decision against those who are subject to a procuratorial protest under the reopening or cassation procedures in the direction of increasing criminal responsibilities.
In the case of reopening or cassation aimed at mitigating or maintaining criminal responsibilities, the right to propose amnesty remains.
2. No distinction between formal education and continuous education
The Amended Higher Education Law 2018 was promulgated on November 19, 2018. One notable new content of this Law is that from July 1, 2019, there will be no distinction between formal education and continuous education.
Specifically, the current Higher Education Law clearly defines formal education and continuous education, but the amended Higher Education Law has eliminated these two regulations.
Instead, it only stipulates that higher education institutions are educational institutions in the national education system, performing the function of training levels of higher education, engaging in science and technology activities, and serving the community.
Additionally, higher education institutions may organize continuous education activities, providing short-term training and certification services suitable to their training fields according to the law to meet the lifelong learning needs of students.
3. Change in the regulation of unfair competition acts from July 1, 2019
This is one of the highlighted new points specified in the Competition Law 2018.
Acts of unfair competition stipulated in the Competition Law 2004 will not be considered unfair competition acts under the Competition Law 2018 from July 1, 2019, including:
- Discrimination by association;- Unethical multi-level marketing sales.
Furthermore, the Competition Law 2018 has added another case categorized as an unfair competition act, which is: "Selling goods, providing services below total cost leading to or likely to lead to the exclusion of other businesses trading the same goods, services."
4. From July 1, 2019, officials must declare assets and income
This is a notable content regulated in the Anti-Corruption Law 2018 issued on November 20, 2018.
The following subjects are obliged to declare assets and income:
- Cadres, officials;- Officers of the People's Police; officers of the People's Army, professional soldiers;- Persons holding positions from Deputy Head of Department and equivalent or higher-level positions working at public service providers, state-owned enterprises, and persons assigned to represent the state’s capital portion in enterprises;- Candidates for the National Assembly deputies, candidates for the People's Council deputies.
Thus, from July 1, 2019, officials must declare their assets, income, and any changes in their assets, income truthfully, including that of their spouse or minor children. The current Law only requires this obligation for certain officials at the commune, ward, and commune-level town; individuals managing state budget and property; or those directly interacting and resolving work of agencies, organizations, units, and individuals.
5. Five cases to halt ships for inspection, control from July 1, 2019
The Vietnam Coast Guard Law 2018 was issued on November 19, 2018. From July 1, 2019, the Vietnam Coast Guard will be authorized to halt ships for inspection and control in the following cases:
- Directly detect law violations or signs of law violations;- Through technical means and equipment, detect and record law violations or signs of law violations;- Receive denunciations, crime reports, or information about law violations;- Receive written requests from competent authorities to pursue, apprehend violators, ships, and legal means;- Violators voluntarily report their law violations.
Note: When patrolling, inspecting, and controlling, the Vietnam Coast Guard must display the colors of ships, aircraft, and other means; flags, markings, identification signs, and uniforms according to the provisions of Articles 29 and 31 of the Vietnam Coast Guard Law 2018.
6. Reduced duration of People's Police service obligation to 2 years
The People's Police Law 2018 officially takes effect from July 1, 2019. This Law stipulates that the duration of citizens fulfilling the obligation to participate in the People's Police is reduced from 36 months (current regulation) to 24 months.
Besides that, the Minister of Public Security may decide to extend the term of service of non-commissioned officers and obligated soldiers by no more than 6 months in the following cases:
- To ensure readiness for combat missions;- While performing disaster prevention, disease control, rescue, and relief tasks.
Citizens with qualified political, ethical standards, educational level, health, required age, and talents suited to police work, who have aspirations and the People's Police has a need, may be recruited into the People's Police.
- Nguyen Trinh -
