10 Laws coming into effect in 2017

In 2017, 10 Laws will officially come into effect, including: Civil Code, Law on Fees and Charges, Law on Amendments and Supplements to the Investment Law, State Budget Law, Accounting Law, Press Law, Property Auction Law, Pharmacy Law, Children Law, and Vietnam Maritime Law.

10 Laws come into effect in 2017.

Children must be protected online.

Prohibited acts: Publishing or disclosing information about the private life and personal secrets of children without the consent of children aged 7 years or older and of their parents or guardians;

Do not provide or conceal information about children who are abused or at risk of exploitation or violence;

Selling to children or allowing children to use alcohol, beer, tobacco and other addictive substances, stimulants, unsafe food, harmful to children...

In the online environment, agencies, organizations and individuals managing and providing products and services on the online environment must have measures to ensure the safety and privacy of children; parents, teachers and caregivers must be responsible for educating and guiding children in skills so that they know how to protect themselves when participating in the online environment.

Law on Children No. 102/2016/QH13 takes effect from June 1, 2017.

Allow gender reassignment

The 2015 Civil Code allows gender reassignment for those whose gender has been established and completed.

The Law clearly states that gender reassignment is carried out in accordance with the provisions of the law. Individuals who have undergone gender reassignment have the right and obligation to register for changes in their civil status in accordance with the provisions of the law on civil status; and have personal rights appropriate to their gender in accordance with the provisions of this Code and other relevant laws. Because the 2015 Civil Code stipulates that “gender reassignment must be carried out in accordance with the provisions of the law”, individuals will not be able to exercise this right until there is a law on gender reassignment.

Civil Code No. 91/2015/QH13 takes effect from January 1, 2017.

It is strictly forbidden for localities to set and collect fees themselves.

State agencies, public service units, organizations and individuals are strictly prohibited from setting and collecting fees and charges contrary to the provisions of law. At the same time, they must publicly post at the collection location and on the electronic information page the names of fees and charges, collection levels, collection methods, payers, exemptions and reductions of fees and charges, etc.

Law on Fees and Charges No. 97/2015/QH13 takes effect from January 1, 2017.

The press cannot accuse anyone without a verdict.

The press is strictly prohibited from providing false information, distorting, slandering, or insulting the reputation of agencies, organizations, and the honor and dignity of individuals; Attributing crimes without a court verdict; Disclosing information about personal privacy, state secrets, and other secrets as prescribed; Providing information about mysterious stories that cause confusion in society, negatively affecting social order and safety, etc.

Electronic newspapers must implement the regime of storing intact information content posted and published for 3 months from the date of posting and publishing to serve the inspection work of State management agencies.

Press Law No. 103/2016/QH13 of the National Assembly, effective from January 1, 2017, stipulates.

Increase auction deposit

From July 1, 2017, auction participants must deposit from 5% to 20% of the starting price of the auctioned property instead of the old regulation of 1% - 15%.

Lawyers, notaries, bailiffs, administrators and arbitrators who have practiced for 2 years or more will be exempted from training in property auctioning.

Auction organizations must post the auction of real estate assets at their headquarters, the auction location, and the People's Committee of the commune where the real estate is auctioned at least 15 days before the auction opening date (the old regulation was 30 days).

Law on Property Auction No. 01/2016/QH14 of the National Assembly takes effect from July 1, 2017.

Accountant Certificate in lieu of Practice Certificate

From January 1, 2017, those who register to practice accounting services, in addition to having an Accountant Certificate or Auditor Certificate; having civil act capacity; fully participating in the knowledge update program as prescribed, must also have at least 36 months of actual work experience in finance, accounting, and auditing since graduating from university. An Accountant Certificate will be issued in place of an Accounting Practice Certificate. Practice certificates issued before 2017 are still valid.

According to the Accounting Law No. 88/2015/QH13 of the National Assembly, effective from 2017 on January 1, 2017.

Prohibition of sale of prescription drugs without prescription

From January 1, 2017, it is strictly forbidden to retail prescription drugs without a prescription; retail vaccines; produce, mix, and sell traditional medicines combined with pharmaceutical ingredients without permission from the competent authority...

Pharmacies must clearly state the drug name, content, and expiry date for users in the case of retail sale of drugs not contained in the drug's outer packaging; in the case of no accompanying prescription, the dosage, number of doses, and instructions for use must also be stated.

(Pharmaceutical Law No. 105/2016/QH13 takes effect from January 1, 2017).

Reduce the number of ship detentions

From July 1, 2017, the regulation that crew members working on Vietnamese ships operating on international routes must have a crew member passport to exit or enter the country will be abolished. Crew members only need to have an ordinary passport.

The cases of temporary detention of ships have been shortened to only 3 cases, including: During the investigation of a maritime accident, where temporary detention is necessary to serve the investigation; Not having paid enough administrative fines; Having committed a violation of the law (the old regulations allowed temporary detention of ships in cases where they did not meet the conditions for maritime safety, security and environmental pollution prevention; or had not yet paid all maritime fees and charges).

The maximum period for arresting a ship to secure the settlement of a maritime claim is 30 days (this is a new regulation).

Vietnam Maritime Code No. 95/2015/QH13 of the National Assembly takes effect from July 1, 2017.

The State budget must be public and monitored.

The Vietnam Fatherland Front at all levels represents the community and takes the lead in organizing the supervision of the State budget. The supervision contents include: Compliance with legal regulations on management and use of the State budget; Implementation of the annual State budget estimate and the implementation of the State budget publicity as prescribed.

In addition, the outstanding loan balance of Hanoi and Ho Chi Minh City must not exceed 60% of the local budget revenue enjoyed according to decentralization. For the remaining localities, the maximum outstanding loan balance is 30% or 20%.

(State Budget Law No. 83/2015/QH13 of the National Assembly takes effect from January 1, 2017)

Prohibition of investment and trading in fireworks

From January 1, 2017, the number of conditional business lines is 243 (instead of 267 as per the old regulations). The lines removed from the list of conditional business lines include extra teaching and learning services; film production; import of goods under the specialized management of the State Bank (treasury doors); festival organization services, etc.

Add 2 new conditional business lines: manufacturing, assembling, importing automobiles and trading in camouflage equipment and software used for recording, filming, and positioning (effective from July 1, 2017). Add firecracker business activities to the list of prohibited business lines.

Law amending and supplementing the Investment Law No. 03/2016/QH14 takes effect from January 1, 2017./.

According to PLO