09 New Laws Effective from July 1, 2018 (Part 1)

1. Regulations on Public Debt Classification

Public Debt Management Law 2017 officially applied from July 1, 2018, replacing Public Debt Management Law 2009.

It provides more detailed regulations on public debt types as follows:

Debt of the Government of Vietnam includes:

- Debt issued by the Government of Vietnam through debt instruments;- Debt arising from domestic and foreign borrowing agreements signed by the Government of Vietnam;- Debt from the central budget borrowed from the State's financial reserve fund, government funds, and extrabudgetary state financial funds.

Debt guaranteed by the Government of Vietnam includes:

- Debt of enterprises guaranteed by the Government of Vietnam;- Debt of state policy banks guaranteed by the Government of Vietnam.

Local government debt includes:

- Debt from issuing local government bonds;- Debt from re-lending of ODA loans and foreign preferential loans;- Debt from the local budget borrowed from state policy banks, provincial financial reserve funds, government funds, and other loans as per the regulations on the State Budget Law.

1. Additional 02 Policies for Representatives' Members and Relatives from July 1, 2018

Law No. 19/2017/QH14 amending and supplementing the Law on Representative Offices of the Socialist Republic of Vietnam Abroad (referred to as the Amended Law) officially applied from July 1, 2018.

It adds policies for the members of representative offices and their relatives as follows:

- Minor children accompanying the members of representative offices are partially supported with tuition fees in the host country and health insurance purchase costs;- In the event of the death of parents, in-laws, spouse, or children of the members of representative offices, travel expenses are supported.

Additionally, the Amended Law supplements standards for members of representative offices, specifically: Possessing sufficient standards, political qualifications, professional expertise, foreign language proficiency, and experience suitable for the requirements of their duties as prescribed by the Minister of Foreign Affairs.

1. Conditions for Joining the Guard Force

Guard Force Law 2017 passed by the XIV National Assembly, 3rd session on June 20, 2017, and officially effective from July 1, 2018.

According to the regulations, the guard force is organized within the Ministry of Public Security and the Ministry of National Defense, including:

- Guards officers and soldiers of the Guard Command under the Ministry of Public Security;- Guards officers and soldiers of the Army Security Protection Department under the Ministry of National Defense.

Vietnamese citizens who meet the following conditions and standards are eligible to join the Guard Force:

- At least 18 years old, possessing political qualities, ethics, health, clear background, and voluntarily willing to serve long-term in the Guard Force;- Holding degrees, certificates of technical specialties, skills, suitable talents for the specific nature of guard duties.

Depending on the position and nature of the job, the Minister of Public Security and the Minister of National Defense shall stipulate detailed selection standards for candidates joining the Guard Force.

1. Damages Not Covered by State Compensation

On June 20, 2017, the National Assembly passed the State Compensation Liability Law, officially applied from July 1, 2018.

Damages in the following cases are not compensated by the State:

- Damage caused entirely by the fault of the injured party;- Damage occurring objectively, unforeseeable, and unpreventable despite the public official taking all necessary and possible measures;- Damage occurring when the public official seeks to avoid a real and direct threat to public interest, legal rights, and interests of the injured party or others, but there is no other way than causing a smaller damage than the damage that needs to be prevented, except for damage caused by exceeding the necessity level.

For further cases in criminal, civil, administrative proceedings, and in civil enforcement activities where the State does not compensate for damages, see more details.

1. 04 Mandatory Requirements for Persons Authorized to Use Weapons, Explosives

Law on Management, Use of Weapons, Explosives and Support Tools officially came into effect from July 1, 2018, replacing the Ordinance on Management, Use of Weapons, Explosives and Support Tools.

It sets out 04 mandatory requirements for persons authorized to use weapons, explosives, and support tools as follows:

- Full civil conduct capacity;- Good moral qualities, sufficient health suitable for the assigned tasks;- Not under administrative handling measures, not being prosecuted criminally; with criminal records expunged in case of conviction by a court judgment or decision;- Trained, certified in using weapons, explosives, and support tools.

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