Headlines 08/01/2019 07:56 SA

Remarkable contents of 10 laws coming into force from the beginning of 2019

Kiều Nga

THƯ VIỆN PHÁP LUẬT would like to introduce remarkable contents of 10 laws that come into force from January 01, 2019:

1. Highlights of the Law on Denunciation 2018

Many amendments are made to the Law on Denunciation 2018, which is passed by the National Assembly on June 12, 2018. For example:

- Adding the following regulations:

+ Rules for determining power to settle denunciations, Clause 4, 5 and 6 Article 12;

+ Receipt and settlement of denunciations, Article 25;

+ Permission for denunciation withdrawal;

+ Suspension and termination of denunciation settlement, Article 34;

- Reducing the procedure for settling denunciations to 4 stages, Article 28;

- Reducing time for settling denunciations.

2. Amendments to 48 laws concerning planning

This is a remarkable content of the Law on amendments to some articles concerning planning of 37 laws 2018 and the law on amendments to some articles concerning planning of 11 laws 2018.

According to the amended law, 48 laws concerning planning are amended, for instance:

- Land Law 2013, Construction Law 2014, Notarization Law 2014, Cyberinformation Security Law 2015;

- Advertising Law 2012; Food Safety Law 2010; Children Law 2016; Pharmacy Law 2016; Investment Law 2014; 

3. Adding more regulations on rules for forest allocation and forest lease

According to the Forestry Law 2017, the following regulations are added to rules for forest allocation and forest lease:

- Disputed forest area shall not be allocated or leased out;

- Forest owners shall not be entitled to lease out natural or planted forest area invested by the State to other organizations, households or individuals;

- Forest allocation and forest lease must ensure publicity and transparency with participation of local people; no discrimination against religions, beliefs or genders when allocating or leasing out forests;

- Forest allocation and forest lease shall respect living space and customs of the community;

- Priority shall be given to ethnic minority people, family households, individuals and communities having traditional customs, culture and beliefs associated with forests and having local community rules in conformity with regulations of law;

- Forest allocation and forest lease shall conform to the national forestry planning, land use planning and existing local forest area.

4. Guidelines for implementing planning approved before January 01, 2019

According to the Law on Planning 2017, planning that is decided or approved before January 01, 2019 shall be implemented as follows:

- National, regional and provincial planning shall be implemented until the end of the planning period; any content of the aforesaid planning inconsistent to regulations hereof shall be regulated by this law;

- Planning integrated into national, regional and provincial planning shall be implemented until such national, regional and provincial planning is decided or approved as prescribed in the Law, except for the following cases:

- Technical or professional planning specified in Appendix 2 of this Law shall continue to be implemented in accordance to relevant law provisions.

If contents of such planning are inconsistent with the upper-level planning that is decided or approved under this Law, such contents shall be adjusted to be consistent with the upper-level planning.

5. Cybersecurity emergencies 

The Law on Cyberinformation Security 2018 is passed by the 14th National Assembly on June 12, 2019.

According to the aforementioned law, cybersecurity emergencies include:

- Provoking information in cyberspace that might lead to riots, disruption of public order or terrorism;

- Attack on a national security information system;

- Large-scale and intense attacks on multiple information systems;

- Cyberattack meant to destroy a national security work or target;

- Cyber attack that seriously violates national security, national interest, sovereignty, social order or the lawful rights and interests of an organization or individual.

6. Sex discrimination is prohibited in performance of national defense tasks

According to the Law on National Defense 2018, sex discrimination is considered one of prohibited acts in performance of national defense tasks.

In addition, the following new regulations are added to the aforesaid law:

- Protecting cyberspace;

- Recommending the State to prepare plans for use of national defense land;

- Detailing the building of military region-based defense zones such as specifying notion, tasks and defense zones;

- Clarifying the state of curfew and martial law with the aim of preparations for the state of anti-demolition, state of violent disturbance, in which large crowds and activities involving crowded people are restricted.

7.  Sports betting is allowed from January 01, 2019

This is a remarkable content of the Law on Sports amended in 2018 passed by the National Assembly on June 14, 2018.

According to such law, sports betting is a form of entertainment with rewards in which participants predict the result of sporting events used for betting purpose.

Sports betting must meet the following rules:

- Sports betting business is conditional business activity under the strict control of competent regulatory bodies;

- Sports betting companies are permitted to operate only after obtaining certificate of eligibility for sports betting issued by competent authorities;

- Betting business activities must be conducted in a transparent, objective and honest manner and protect rights and legitimate interests of involved parties;

- The Vietnamese dong is the currency used for sports betting and rewards.

8. Acts considered illegal commercial fishing

According to the Law on Fisheries 2017, there are 14 acts considered illegal commercial fishing that are specified in Clause 1 Article 60. For instance:

- Commercial fishing without licenses;

- Commercial fishing in the area where it is banned, commercial fishing in the period when it is banned; catching and transporting aquatic species banned from commercial fishing; catching aquatic species whose sizes are smaller than those prescribed by law; being engaged in banned fisheries or using banned fishing tackle;

- Illegal catch of endangered, precious or rare aquatic species;

9. Fundamental topographic and cartographic activities

The Law on Topography and Cartography 2018 is passed by the 14th National Assembly in the 5th meeting on June 14, 2018.

According to the aforesaid law, fundamental topographic and cartographic activities include:

- Establishing national original topographic data system, national coordinate system, national elevation system and national gravity system;

- Establishing a data system of national topographic nets;

- Establishing an aerial photo data system and remote sensing photo data system;

- Establishing, operating and updating national geographical background database, establishing and updating national topographic map system;

- Surveying and mapping national boundaries;

- Surveying and mapping administrative boundaries;

- Normalizing place names;

- Building and operating fundamental topographic infrastructure works.

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