1. Cases in which exemption from professional lawyer training is not granted
This is a remarkable content of Decree No.137/2018/ND-CP issued on October 08, 2018 which amends Decree No.123/2013/ND-CP on guidelines for enforcement of the Lawyer Law.
According to the Decree, exemption from professional lawyer training and reduction of lawyer practice time shall not be granted to:
- the person incurring criminal penalties or disciplined to an extent that:
+ such person is dismissed from his/her position as a judge, procurator, investigator, inspector or enforcement inspector;
+ his/her title as People’s police or military rank of officer is removed;
+ his/her academic degree or academic title of professor or associate professor of law or doctor of law is revoked.
- the person who is no longer appointed to Senior Official, senior investigator, senior lecturer, Principal Official, principal investigator or principal lecturer in Law.
Decree No.137/2018/ND-CP comes into force from November 25, 2018.
2. Amending regulations on administrative penalties for violations concerning multi-level marketing activities
The Government’s Decree No.141/2018/ND-CP issued on October 08, 2018 provides for amendments to Decrees on regulations on penalties for violations of law on multi-level marketing activities.
According to the Decree, illegal multi-level marketing activities performed in two or more than two areas of provinces and centrally-affiliated cities will face fines of from VND 160 to 200 million (applied to organizations). For instance:
- Request for a deposit or payment of a certain money amount as a basis for entering into contracts of multi-level marketing activities;
- Request for purchase of a certain number of goods as a basis for entering contracts of multi-level marketing activities.
Decree No.141/2018/ND-CP comes into force from November 25, 2018.
3. Principles for making a list of used information technology products prohibited for import
Circular No.11/2018/TT-BTTTT issued on October 15, 2018 provides for details of the list of used information technology products prohibited for import (hereinafter referred to as "the list") associated with HS code.
According to the Circular, the list is made adhering to two following principles:
- The list shall be made under regulations in Circular No.65/2017/TT-BTC on the list of Vietnam’s imports and exports.
- The list shall be amended in conformity with development in reality and other law provisions in each period.
In addition, the used information technology products prohibited for import must be consistent with products on the list of goods prohibited for import as regulated by the Ministry of Information and Communications.
Details can be found in Circular No.11/2018/TT-BTTTT which comes into force from November 30, 2018.
4. Bases for irregular inspection carried out by market surveillance authorities
This is a remarkable content of Circular No.35/2018/TT-BCT on scope and procedure for inspection, administrative sanctioning and professional measures by market surveillance authorities.
According to the Circular, the market surveillance authority shall carry out irregular inspection of organizations and individuals if any information on law violations or sign of law violations is found in the following cases:
- There are written requests for inspection of particular organizations or individuals from the Government, Prime Minister, Minister of Industry and Trade, People's Committee of various levels, Director General or Director.
- The proposal of inspection provides sufficient grounds for administrative violations or signs of administrative violations committed by the employee of the market surveillance authority who is assigned to take professional measures specified in Article 37, 38 and 39 in this Circular.
- The information received gives grounds that failure to carry out immediate inspection will result in:
+ offenders' escape;
+ dispersion or destruction of administrative violation exhibits or instruments
(Or for the purpose of promptly preventing consequences of law violations)
Circular No.35/2018/TT-BCT comes into force from November 26, 2018.
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