Headline of Notable Documents Last Week (from October 8, 2023, to October 13, 2023)

1. To be specific: Cases not exempt from lawyer vocational training

On October 8, 2018, the Government of Vietnam passed Decree 137/2018/ND-CP amending and supplementing Decree 123/2013/ND-CP, detailing the Law on Lawyers.

Decree 137 supplements regulations on cases not exempt from lawyer vocational training, exemption, or reduction in apprenticeship duration for lawyer practice. To be specific, individuals who have been criminally or disciplinarily sanctioned to the extent of:

- Being removed from the positions of judge, procurator, investigator, inspector, or examiner;- Being stripped of the title of People's Public Security Forces (CAND), or military rank of the People's Army of Vietnam (QDND);- Being stripped of academic titles and degrees of law professor, associate professor, or doctor of law;- Having the decision appointing them to senior specialist, principal researcher, senior lecturer, principal specialist, main researcher, or main lecturer in the field of law revoked.

Decree 137/2018/ND-CP takes effect from November 25, 2018.

2. No English proficiency requirement for motor vehicle registrars

This is a notable new point in Decree 139/2018/ND-CP regulating the provision of motor vehicle inspection services, replacing Decree 63/2016/ND-CP.

Decree 139 no longer mentions the condition of English proficiency (minimum level B or equivalent) when issuing Certificates for motor vehicle registrars.

Thus, from January 1, 2019, the issuance of Certificates for motor vehicle registrars only requires meeting the following conditions:

- Graduated from university in mechanical engineering, with the following subjects in the university training program: Automotive Theory, Automotive Structure, Automotive Design and Calculation, Automotive Technical Maintenance, Internal Combustion Engine, and Automotive Electrical Systems or equivalent contents. Supplemental training may be provided if the mentioned expertise is not met;- A minimum of 12 months of internship in registrar duties;- Evaluation results meeting the requirements for motor vehicle registrar professional duties.- Valid car driving license.

3. Tenfold increase in penalty for multi-level marketing without presenting a Member Card

The Government of Vietnam issued Decree 141/2018/ND-CP amending decrees on handling legal violations in multi-level marketing business activities.

Notably, there is a new regulation imposing a fine of 3-5 million VND on participants in multi-level marketing who fail to present their Member Card before introducing or marketing and selling products (an increase by 10 times from the current fine of 300-500 thousand VND).

Additionally, the above fine also applies to actions involving marketing, selling, and developing the multi-level marketing network without being issued a Member Card.

Note: In cases where Decree 141 does not stipulate legal liability or stipulates lighter legal liability for violations before November 25, 2018 (the date Decree 141 takes effect), and these violations are detected or under consideration or resolution thereafter, this Decree shall apply.

4. Circular 148/2018/TT-BQP: Criteria for military service recruitment in 2019

The Ministry of National Defense issued Circular 148/2018/TT-BQP regulating the latest criteria for military service recruitment, effective from November 20, 2018, as follows:

Regarding age:

- Citizens from the age of 18 to the age of 25.- Male citizens with college or university education who have had their military service deferred during a single training period of an educational program may be recruited and called for conscription until the age of 27.

Regarding politics:

- Apply the selection criteria as set out in Inter-Ministerial Circular 50/2016/TTLT-BQP-BCA, specifying the political standards for recruiting citizens into service in the Vietnam People's Army;- For agencies, units, and key confidential positions in the Army; Ceremonial units, Honor Guards; etc.: Recruit according to the regulations of the Ministry of National Defense.

Regarding health:

- Recruit citizens with health grades 1, 2, or 3 according to Inter-Ministerial Circular 16/2016/TTLT-BYT-BQP;- For agencies, units, and key confidential positions in the Army: Recruitment ensures separate standards according to the regulations of the Ministry of National Defense;- Do not conscript into the Army those with health grade 3 for refractive eye disorders (myopia of 1.5 diopters or more, hyperopia at any degree); drug addiction, HIV, AIDS infection.

Regarding education:

- Recruit and conscript citizens with an education level of grade 8 or higher, from the highest to the lowest. Areas with difficulties that cannot meet the conscription target may recruit citizens with a grade 7 education;- Deep-lying, remote, economically and socially difficult areas; ethnic minorities with a population of fewer than 10,000 people: Recruit no more than 25% of citizens with primary education levels, with the remainder being from secondary school or above.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE