Eight laws passed in 2024 and one law enacted in 2023 by the 15th National Assembly takes effect on January 1 this year. Below are some highlights:
Law on Road Traffic Order and Safety
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| A police officer in Long Xuyen city, An Giang province, check alcohol levels of a driver__Photo: VNA |
With 89 articles arranged in nine chapters, this Law provides road traffic rules, road vehicles, road users, road traffic-related command, control, patrol, remediation of road traffic accidents, state management responsibility, and responsibilities of agencies, organizations and individuals for road traffic order and safety.
The Law devotes Article 58 to validity of driver’s licenses. A driver’s license has 12 points that will be deducted for each violation of the driver, depending on the nature and severity of his violation. If a driver loses all points, he may not drive a vehicle on the road since his driver’s license is invalidated. Past six months after all points are deducted, the driver may take a driving test again and, if passing the test, may have his driver’s license restored to full 12 points.
Law on the Capital
Compared to its 2012 version, the new Law adds a chapter providing the organization of the municipal administration which clearly specifies local administrations of cities under the Capital City.
According to the Law, Hanoi will not have People’s Councils for its wards. The number of deputies elected to the Hanoi People’s Council may reach 125, a quarter of whom will work on a full-time basis.
As for the Capital’s scientific and technological development, the new Law allows public employees working at municipal public agencies to contribute capital to and/or participate in the management and operation of, enterprises established to commercialize scientific research and technological development outcomes subject to their intellectual property rights.
Law on Roads
The Law on Roads will supersede the 2008 Law on Road Traffic.
Consisting of six chapters with 86 articles, the Law devotes a chapter to specifying expressways, allowing the collection of tolls on expressways built or operated by the State.
It provides the collection of tolls on expressways under projects on expansion and upgrading of expressways or expressways upgraded from roads, and lays down principles for encouraging organizations and individuals to invest in building road infrastructure facilities.
Law on Organization of People’s Courts
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| A working session of the People’s Court of Dak Lak__Photo: VNA |
As defined in the new Law, first-instance people’s tribunals and military courts are components of the organizational structure of people’s courts.
The new Law specifies ranks for judges of people’s courts and the Supreme People’s Court and provides salaries and allowances for judges, court examiners and court clerks.
As per the Law, persons aged under 16 years may not enter courtrooms, except when summoned by the court.
Worthy of note, the Law contains new provisions on recording of speeches and images at court hearings and meetings. At court hearings and meetings, audio and video recording by trial panels and judges requires the consent of presiding judges. Meanwhile, audio and video recording by other proceeding-conducting persons and proceeding participants requires the consent of these persons and presiding judges.
Law on Management and Use of Weapons, Explosives and Support Tools
The 75-article Law stipulates the management and use of weapons, explosives, explosive precursors and support tools, as well as responsibilities of agencies, organizations and individuals in the management and use thereof to ensure national security and social order and safety, protect human rights and civil rights, and serve socio-economic development.
The Law adds a new definition of knife with high lethality as a type of rudimentary weapons. It also provides the management of knives of this kind based on their use purposes and confirms that such knives are not considered weapons if they are used in work, production and daily life.
It specifies eligible subjects, conditions, competence and procedures for receiving and managing the use of weapons and support tools donated or provided as aid by foreign organizations, enterprises and individuals.
Law on Management and Protection of National Defense Works and Military Zones
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| A welcome flyover performed by the VPA's Air Force at a rehearsal for the opening ceremony of the Vietnam International Defense Expo 2024__Photo: VNA |
With 34 articles arranged in six chapters, the Law, passed on November 24, 2023, replaces the 1994 Ordinance on Protection of National Defense Works and Military Zones.
It provides rights, obligations and responsibilities of agencies, units, organizations, households and individuals involved in the management and protection of national defense works and military zones; and regimes and policies applicable to the management and protection of defense works and military zones.
As per the Law, households and individuals engaged in production and business activities and residing in areas affected by activities of protecting national defense works and military zones are entitled to education, healthcare, employment, production and business support policies as well as social security policies.
Revised Law on Property Auction
The revised Law additionally specifies procedures for online auctions. Accordingly, online auctions may be held via the National Property Auction Portal or online auction websites.
For auctioneers, the Law removes the requirement of three years’ working experience in the trained field for joining an auction training course. However, it adds provisions on auction of securities, public property of overseas Vietnamese missions and vehicle license plates.
Revised Law on Security Guard Force
Under this Law, three groups of persons to be protected by official security guards include holders of key and high-ranking posts and titles of the Communist Party of Vietnam, the State of the Socialist Republic of Vietnam and the Vietnam, Fatherland Front Central Committee, and international visitors who are counterparts of the above post and title holders and on visit and working trips in the country. Subject to protection by official security guards also include particularly important areas and events.
The revised Law allows the domestic security guard force to hire foreign security guards, vehicles and technical equipment to serve the security guard for key leaders of the Party and the State of Vietnam during their overseas visits.
Law Amending and Supplementing a Number of Articles of the Law on Securities, Law on Accounting, Law on Independent Audit, Law on the State Budget, Law on Management and Use of Public Assets, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Handling of Administrative Violations
Under the 11-article omnibus Law, amendments and supplementations to the Law on Securities aim to enhance the efficiency and transparency of securities issuance and offering. The Law additionally specifies securities market manipulation, professional securities investors, private placement of securities, and responsibilities of organizations and individuals for documents for preparation of reports on securities and securities market activities.
Revisions to the Accounting Law focus on the simplification of accounting documents, electronic documents and financial statements of accounting units. The Law additionally stipulates the enhancement of the state management of accounting and the protection of lawful rights and interests of accountants.
Revised Article 16 of the Law on Independent Audit specifies persons who are ineligible for audit practice registration or may no longer practice audit while Article 60 provides the handling of violations of the law on independent audit with the aim of proving the effectiveness and efficiency of the state management as well as the quality of independent audit.
Changes to the Law on Tax Administration aim to raise the efficiency of tax administration and ensure the transparency and fairness of the tax collection process. Major revisions include provisions on tax refund, enforcement of tax administration-related administrative decisions, tax declaration and calculation in e-commerce business and digital platform-based business activities, and application of information technology and modern techniques.- (VLLF)
