New Points of 17 Circulars Effective from January 01, 2018 (Final Part)

14. Change in Electrical Equipment Inspection Cycle

Circular 28/2017/TT-BCT amends, supplements, and repeals regulations in several Circulars of the Ministry of Industry and Trade, in which the inspection cycle for the technical safety of electrical equipment and tools is amended as follows:

- For electrical equipment in an operating production line that cannot be separated for individual inspection, the inspection is conducted according to the overhaul cycle of the production line, except in cases where an extraordinary inspection is required by regulations;- For other electrical equipment, the periodic inspection is conducted according to the manufacturer’s regulations, but not exceeding 36 months, such as:

- Electrical equipment and tools used in environments without flammable gases and explosive dust, with a voltage level from 1,000V or higher: surge arresters, transformers, circuit breakers, electric cables, isolation switches, grounding switches;- Electrical tools: insulated poles.

More details can be found in Circular 28/2017/TT-BCT, effective from January 1, 2018.

15. Issuing a New List of Export and Import Goods

On June 27, 2017, the Ministry of Finance issued Circular 65/2017/TT-BTC regulating the list of Vietnam's export and import goods. Circular 65/2017/TT-BTC replaces Circular 103/2015/TT-BTC.

Accompanying Circular 65/2017/TT-BTC are 2 appendices, specifically:

- Appendix I - List of Vietnam's Export and Import Goods;- Appendix II - Six (6) General Rules for explaining the classification of goods according to the List of Vietnam's Export and Import Goods based on the Harmonized System of Tariff Nomenclature and Coding of the World Customs Organization.

This list is used for:

- Developing tariff schedules applicable to exported and imported goods;- Developing lists of goods for state management according to regulations of the Government of Vietnam and the provisions in Clause 4, Article 26 of the Customs Law;- State statistics on exported and imported goods;- Serving state management work on the export and import of goods and other fields.

16. Lawyers and Prosecutors to Sit on Equal Terms in Criminal Courtrooms

This is a noteworthy new point mentioned in Circular 01/2017/TT-TANDTC regulating courtrooms.

To be specific, according to the regulations in Subsection 2.1, Section 1 of Appendix No. 1, during first-instance and appellate criminal trials, the defense counsel, the protector of the legitimate rights and interests of the victim, and the involved parties are arranged to sit on an equal level with the representative of the Procuracy.

Additionally, Circular 01 also stipulates several new points such as:

- Persons under 18 participating in proceedings at court trials are allowed to sit next to their representatives, defense counsel, or protectors of their legitimate rights and interests;- A barrier is placed between the area of procedural actors, participants in the proceedings, and those attending the trial or hearing.

See detailed content at Circular 01/2017/TT-TANDTC, issued on July 28, 2017.

Diagram of the location in a criminal courtroom

17. Implementing New Regulations on Court Organization from 2018

Circular 02/2017/TT-TANDTC of the Supreme People's Court issued regulations on court organization, replacing Circular 01/2014/TT-CA.

From January 1, 2018, the organization of court sessions has notable new points such as:

- Courts shall record audio, video, and audio-visual recordings of the trial proceedings as specified by law;- Persons violating courtroom rules can be expelled from the courtroom or trial area, administratively sanctioned, detained, or criminally prosecuted by the presiding judge;- Judges, members of the trial panel, and court clerks must wear the prescribed attire during the trial. Non-compliance will result in disciplinary or responsibility measures depending on the nature and severity of the violation;- Courts may hold closed trials to protect individuals under 18 or to maintain confidentiality regarding professional, business, family, or occupational secrets.

More details can be found in Circular 02/2017/TT-TANDTC, effective January 1, 2018.

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