8. Criminal Procedure Code 2015
There is a whole chapter in the Criminal Procedure Code 2015 that provides for criminal prosecution against legal entities, according to which:
- A legal entity facing criminal prosecution engages in every legal proceeding through its legal representative.
- Four coercive measures against legal entities:
+ Distrainment of assets linked with the legal entity's criminal acts;
+ Freezing of the legal entity’s accounts in connection with its criminal acts;
+ Suspension of the legal entity's operations associated with its criminal acts;
+ Payment of a pecuniary guarantee of the enforcement of the sentence.
- The court responsible for the area in which the crime is committed by the legal entity or the area in which the legal entity’s headquarters or branch is located shall have jurisdiction over the criminal lawsuit against that crime.
This Code also changes the phrases “minors” into “people under the age of 18” to conform to the Law on Children and specifies 7 rules for criminal procedures related to people under the age of 18.
This Code also defines the terms “confession” and “surrender”.
9. Law on Organization of criminal investigation bodies 2015
In comparison with the 2004’s Ordinance on organization of criminal investigations, the Law contains additional prohibitions, such as:
- Falsification of the case files; false accusation or omission of a crime; illegal interference in a criminal investigation.
- Obtainment of testimony by duress or torture; violations against the lawful rights and interests of another organization or individual.
- Obstruct the suspect or detainee from exercising their right to defend themselves; obstruct another person from filing complaints or accusations.
Besides, the Law considers investigators as proceeding officers to conform to the 2015’s Criminal Procedure Code.
The Law also expands the authority of investigation security agency of the Ministry of Public Security; provincial investigation security agencies; enable military investigation agencies to investigate terrorism and terrorism financing cases.
10. Law on foreign trade management 2017
The Law on foreign trade management 2017 contains notable regulations on foreign trade management, development of foreign trade management and dispute settlement, such as:
Trade remedies that are introduced for the first time include anti-dumping measures, countervailing duties measures and safeguard measures.
Foreign traders without presence in Vietnam have the rights to export and rights to import in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory.
Specific regulations on the following administrative measures:
- Prohibition of export or import; suspension of export or import
- Export or import restriction;
- Management via licenses and conditions for export and import;
- Certification of origins;
- Certificates of Free sale;
- Other measures.
11. Law on religions and folk beliefs 2016
Compared to the Ordinance on religions and folk beliefs 2004, the 2016’s Law on religions and folk beliefs some notable new provisions such as:
- Recognition of religious organizations as legal entities;
- Regulations on registration of congregational religious practice;
- New regulations on religious educational institutions.
The Law also specifies the freedom of religion of foreigners who legally reside in Vietnam, who will be able to:
- pursue a monastic life in religious establishments and pursue education in religious educational institutions and religious organizations’ supplementary courses in Vietnam;
- Be ordained or given hierarchical ranks by Vietnamese religious organizations;
- Practice religion en masse at religious organizations or other legal locations in Vietnam.
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