Prominent Policies Effective from Mid-November 2018

1. Increase penalties for violations in multi-level marketing tenfold

This is a notable content in Decree 141/2018/ND-CP amending regulations on multi-level marketing issued by the Government of Vietnam on October 8, 2018.

Decree 141 has increased the penalty for violations in multi-level marketing to VND 3 - 5 million instead of VND 300 - 500 thousand as before for the following acts:

- Marketing, selling products without being issued a Membership Card;- Failing to present the Membership Card before introducing or marketing, selling products;

In addition, this Decree also increases the penalty for violations to VND 80 - 100 million for organizations committing one of the unfair sales acts specified in Clause 1 Article 1 of Decree 141, which amends Article 36 of Decree 71/2014/ND-CP.

Note: The fine will be doubled if the unfair sales act is committed across two or more provinces or centrally governed cities.

Decree 141/2018/ND-CP takes effect from November 25, 2018.

1. New regulations on exemption, reduction of apprenticeship period, and exemption from legal practice training

On October 8, 2018, the Government of Vietnam issued Decree 137/2018/ND-CP amending and supplementing certain provisions of Decree 123/2013/ND-CP which provides detailed regulations and measures for the implementation of the Law on Lawyers.

Persons falling under the cases specified in Article 13 and Article 16 of the Law on Lawyers are exempt from legal practice training and exemption, reduction of the apprenticeship period for legal practice.

At the same time, according to Decree 137, no exemption from legal practice training, exemption/reduction of the apprenticeship period for legal practice as prescribed in Article 13 and Article 16 of the Law on Lawyers is granted to individuals who have been criminally or disciplinarily sanctioned to the extent of:

- Being removed from the position of Judge, Prosecutor, Investigator, Inspector or Examiner;- Being stripped of the People's Police title or military officer rank;- Being stripped of academic titles such as professor, associate professor of law, doctor of law;- Having their appointment to the rank of senior expert, senior researcher, senior lecturer, principal expert, principal researcher, principal lecturer in the legal field revoked.

More details can be found in Decree 137/2018/ND-CP effective from November 25, 2018.

1. The Ministry of Defense issues standards for military recruitment

The Ministry of Defense has issued Circular 148/2018/TT-BQP regulating the selection and calling of citizens for enlistment, replacing Circular 140/2015/TT-BQP.

Circular 148 specifies the recruitment standards as follows:

Regarding age:

- Citizens from 18 to 25 years of age;- Male citizens trained at college or university levels who have had their enlistment postponed during one training course of a training level are selected for enlistment up to the age of 27.

Regarding health standards:

- Selecting citizens with health grades 1, 2, 3 according to the regulations in Joint Circular 16/2016/TTLT-BYT-BQP;- For agencies, units, and positions specified in Point b, Clause 2 Article 4 of Circular 148/2018/TT-BQP, selection is made ensuring specific standards according to the regulations of the Ministry of Defense;

Note: Citizens with health grade 3 having refractive errors (myopia of 1.5 diopters or more, hyperopia of any degree), drug addiction, HIV, AIDS will not be enlisted in the army.

Circular 148/2018/TT-BQP comes into effect from November 20, 2018.

1. Cases in which actors are allowed to use tobacco in stage productions

This is a notable content regulated in Circular 25/2018/TT-BVHTTDL detailing restrictions on actors using tobacco in stage and film productions.

From November 15, 2018, actors are only allowed to use tobacco for artistic purposes in stage productions in the following cases:

- Portraying a significant historical character;- Reenacting a specific historical period;- Condemning and criticizing tobacco use;

Other artistic purposes which are approved by the competent authority based on the recommendation of the Art Council.

Notably, when using tobacco for artistic purposes, actors are not allowed to actually smoke on stage.

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