SIX LAWS TAKE EFFECT SINCE JULY

A series of new laws on anti-corruption, university education, public security, coast guard, amnesty, and competition shall come into effect since July, 2019.

Asset declaration

The 2018 Law on Anti-corruption, comprising of ten chapters and 96 articles, expands the scope of anti-corruption activities to non-State sector.

Under the law, cadres, civil servants and public employees shall have to declare their assets and incomes. Untrue declaration of asset and income information shall be subjected to warning or dismissal.

The Law takes effect since July 1, 2019.

Increasing autonomy of universities

The revised Law on Tertiary Education, passed by the National Assembly in November last year, comes into effect from July 1, 2019.

The Law is expected to help universities be more dynamic and creative by allowing more autonomy to them.

Another change is the legalization of the university council, accordingly, the council shall have the highest power in the university, particularly the right to appoint the Rector and other senior positions.

Shortening time of national service

The 2018 Law on Public Security comprises seven chapters and 46 articles on organization, operation, position, function, tasks, rights, regime, policies of police, responsibilities of relevant agencies, organizations as well as individuals.

Under the law, time required for citizens in the enlistment age group for service in the People’s Security Forces shall be reduced to 24 months from the current 36 months.

However, the Minister of Public Security, according to the 2018 Public Security Law has the authority to extend the time of the national service of police enlistees by up to six months in case of emergencies.

New regulations on Viet Nam Coast Guard

The Law on the Viet Nam Coast Guard, adopted by the National Assembly on November last year, takes effect since July 1, 2019.

With 41 articles arranged in eight chapters, the Law defines the position, functions, tasks, powers, organization and operation of the Viet Nam Coast Guard, and regimes and policies applicable to this force.

Under the law, the Viet Nam Coast Guard performs three functions including (1) advising the Minister of National Defense to promulgate, or propose to the Party and the State, policies and laws on protection of national security and order and safety at sea; (2) protecting national sovereignty, sovereign rights and jurisdiction in the maritime zones of Viet Nam; (3) managing security, order and safety at sea and ensure the observance of Viet Nam’s law, treaties to which Viet Nam is a contracting party, and international agreements.

16 cases shall not be granted special amnesty

The revised Law on Amnesty consists of six chapters with 39 articles, stipulating the principles, time, order, procedure, jurisdiction, and responsibility of implementing amnesty; the conditions, rights, and obligations of those who are offered pardon; as well as the rights and obligations of amnesty recipients.

Subject to the law are convicts with prison terms, including life sentences; agencies, organizations, and citizens of Viet Nam; foreigners residing in Viet Nam; as well as foreign and international organizations operating in Viet Nam related to amnesty activities.

The law also specifies 16 cases that shall not be granted special amnesty, including treason and espionage.

Fresh regulations on competition

The Law on Competition 2018 consists of 121 articles and ten chapters.

It governs anti-competitive acts and economic concentrations of both Vietnamese and foreign organizations, agencies and individuals, provided that such anti-competitive acts and economic concentrations have or potentially have a “competition restraining impact” on Vietnamese market.

The Law provides new types of prohibited anti-competitive agreements, including: (i) agreements to share customers, (ii) agreements not to trade with parties not participating in the agreements, (iii) agreements to restrain the product sale market or sources of supply of goods and services of parties not participating in the agreements, and (iv) “other agreements” which have or potentially have competition restraining impacts.

Source: VGP