Headlines 29/06/2016 17:04 CH

Conditional business lines to be added as of July 01, 2016

Ms. Kim Kiều

The 2015's Law on hydrometerology (in force as of July 01, 2016) regulates the supplementation of hydrological and meteorological forecasting and warning to the List of conditional business lines.

Organizations and individuals practicing hydrological and meteorological forecasting and warning have to meet the requirements and obtain the relevant license granted by competent state management agencies.

A variety of prominent laws to take effect as of July 01, 2016:

1. Courts may apply customary practices in settling civil cases

Such prominent content is defined in the 2015’s civil procedure code.

The code regulates that courts can apply customary practices to settle civil cases on which the involved parties do not reach an agreement and to which no legal regulations are applicable.

The customary practices must not be contrary to basic rules of civil legislation.

Moreover, the 2015’s Code on civil procedure defines other prominent details:  Courts must not refuse to resolve civil cases for the reasons that there are no applicable law provisions; collegial People’s courts shall conduct cassation of trials by provincial People’s courts, etc.

2. Referendum on vital issues of the country

Pursuant to the 2015’s Law on referendum, Vietnamese citizens from the age of 18 are entitled to vote on these matters, except those sentenced to death or to unsuspended incarceration or deprived of legal capacity by a court by the date of the referendum:

 - Full text or some important contents of the Constitution.

- Vital issues on sovereignty, national territory, national defense and security, foreign affairs that lead to direct impacts on national interests.

- Socio-economic issues of great importance, which produce major effects on the development of the country.

- Other vital issues of the country.

The 2015’s Law on referendum also elaborates the sequence of activities and procedures for deciding and organizing a referendum.

3. Casting of vote of confidence in meeting sessions of the National Assembly

The 2015’ Law on supervisory activities of the national assembly and people’s councils regulates that the National Assembly shall vote on confidence in the individuals in the following positions:

- State President, State Deputy President.

- President and Deputy Presidents of the National Assembly, Members of the Standing Committee of the National Assembly, the President of the Nationality Council and Chairpersons of the Commissions of the National Assembly.

- Prime Minister, Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies.

- Chief Justice of the Supreme People’s Court, the Chief Procurator of the Supreme People’s Procuracy and the State Auditor General.

An official who receives votes of poor confidence casted by more than half of the total number of representatives in the National Assembly may apply for resignation.

An official who receives votes of poor confidence casted by more than two thirds of the total number of representatives in the National Assembly shall be subjected to voting of confidence for dismissal by the National Assembly at the request of the Standing Committee of the National Assembly.

The sequence of activities, schedule and procedures for confidence voting shall be subject to this Law and resolutions of the National Assembly.

4. Entities can utilize statistical information publicized

Such right is in relation to the entities’ use of statistical figures and information, pursuant to the 2015’s Law on statistics.

Entities are also given other rights:

- Have equal access to statistical information publicized.

- Discuss the quality of statistical figures with the statistics agencies.

- File complaints or denunciations against any illegal use of statistical figures and information.

Apart from the rights, the 2015’s Law on statistics defines the responsibilities of the users:

- Statistical information must be quoted or used authentically and the source of reference must be specified.

- Cooperate with central statistics agencies to conduct periodic or ad-hoc inspections of the use of statistical data publicized.

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