1. Law on organization of National Assembly
The 2014 Law, with 7 chapters and 102 articles, contains several supplementations to ensure the central role of National Assembly deputies in the organization and activities of the National Assembly, and add provisions on the legal position of full-time National Assembly deputies. It also carries new provisions on the Secretary General of the National Assembly.
According to article 2 of the Law, sixty (60) days before the expiry of the National Assembly’s term, the election of members of the National Assembly for the following Legislature must have been completed.
In special cases, if voted for by at least two thirds (2/3) of the total number of Deputies of the National Assembly, the National Assembly may decide to shorten or lengthen its term upon the request of the Standing Committee of the National Assembly. Any term of a Legislature of the National Assembly shall not be prolonged for more than 12 months, except in the case of a war.
Under Article 9 of the Law, the National Assembly has authority to approve the positions in the State apparatus, including the proposal of the Prime Minister on the appointment of the Vice Prime Ministers, the Ministers and other members of the Government in accordance with the list of nomination for each position; the proposal of the Chief Justice of the Supreme People’s Court on the appointment of Justices of the Supreme People’s Court; the list of members of the Council for National Defense and Security upon the request of the State President and the list of members of the National Election Council upon the request of the Head of the National Election Council.
2. Law on organization of Government
Under the Law, the maximum number of Deputy Ministers of a ministry or Deputy Heads of a ministerial-level agency is 5. For the Ministry of National Defense, the Ministry of Public Security and the Ministry of Foreign Affairs, the maximum number is 6. In case of merger of ministries or ministerial-level agencies or secondment or transfer of cadres as requested by competent agencies, the Prime Minister will submit the number of Deputy Ministers or Deputy Heads to the National Assembly Standing Committee for consideration and decision.
3. Law on organization of local governments
The Law on organization of local governments includes 8 chapters and 143 articles replacing Law on the Organization of People’s Councils and People’s Committees dated 26 November 2003.
One of the new points of law is the determination of competence between central and local government, and between all levels of local governments to concretize Article 112 of the Constitution of 2013. Accordingly, in order to create a legal basis for decentralization, distribution and authorization for local governments, the Law stipulates the principles for determining the competence, and the cases of decentralization, decentralization and authorization.
4. Law on Social Insurance (revised)
The revised Law on Social Insurance aims to improve social insurance regimes and policies and ensure quality in the payment of social insurance premiums and enjoyment of social insurance benefits.
It is noteworthy that employees may obtain information on their payment of social insurance premiums from employers every six months. Employees may request employers and social insurance agencies to provide information on payment of social insurance premiums and enjoyment of social benefits.
Under this Law, male employees who are paying social insurance premiums and whose wives give birth to children are entitled to a maternity leave of 5 working days; or 7 working days in case of caesarean section or where their wives give birth before the 32nd week of pregnancy; or 10 working days in case their wives give birth to twins, an addition of 3 working days for each infant from the second; or 14 working days in case their wives give birth to twins or more infants by caesarean section.
5. Law on Citizen Identification
The Law on Citizen Identification is expected to lay the legal foundation for the allocation of a personal identity number to each citizen and ensure the process is implemented meticulously and in a way that helps manage society.
Vietnamese citizens aged full 14 or older are eligible for grant of citizen identity cards. A citizen identity card must be renewed when its holder reaches full 25 years, full 40 years or full 60 years.
Citizen Identification Card is a kind of Vietnamese citizens’ personal papers which is useful for proving citizen identities of a cardholder to qualify for transactions that occur within the territory of Vietnam. This card is used instead of the passport if Vietnam and other countries enter into an international agreement or arrangement under which a citizen of a Party is entitled to use Citizen Identification Card in place of the passport within the territory of the other Party. Competent agencies, organizations or individuals are vested with authority to request citizens to present Citizen Identification Card to verify their identities and information in accordance with regulations of Article 18 of this Law; use personal identification number provided in Citizen Identification Card to check information of a cardholder with the national population database and specialized database in accordance with laws and regulations.
Once a citizen has already presented a Citizen Identification Card as requested by these competent agencies, organizations or individuals, they are not allowed to request this citizen to present any other document as a proof of such information.
6. Law on Civil Status
The Law is designed to ensure the legal frameworks on civil status, family records and citizen identity are harmonized. According to the Law, civil status events include birth, marriage, guardianship, parent and child recognition, civil status change and correction, ethnicity re-determination, civil status information addition and death.
Vietnamese citizens as well as stateless persons permanently residing in Vietnam have the civil status registration right and obligation. Unless otherwise provided by a treaty to which Vietnam is a contracting party, this provision also applies to foreign citizens permanently residing in Vietnam. The Law further stipulates that the State will adopt comprehensive policies and measures and create conditions for individuals to exercise and perform their civil status registration right and obligation, and ensure budget, physical foundations, human resources and investment in information technology development for civil status registration and management activities.
Under the Law, individuals may request civil status registration in a manner most convenient for them. They may submit dossiers of civil status registration directly to a civil status registration agency or send them by post or via the online civil status registration system. The Law also adds the right to choose a place for civil status registration. Accordingly, an individual may make civil status registration at a civil status registration agency in his registered place of permanent or temporary residence or in the place where he is living.
Civil status registration requesters will be granted one original civil status extract, instead of one original civil status document for each registered civil status event under current regulations. Individuals, regardless of their places of residence, may request any civil status database-managing agency to issue civil status extract copies on their registered civil status events.
Particularly, civil status registration agencies still grant original birth certificates and marriage certificates to registrants.
7. Law on Special Consumption Tax (revised)
The Law raises special consumption tax on cigarettes and cigars from the current 65% to 70% from 1 January 2016 and to 75% from 1 January 2019.
Tax rate for drinks with an alcoholic volume less than 20% shall be 30% from 1 January 2016 and increased to 35% since 1 January 2018.
For drinks with alcoholic volume of at least 20%, the tax rate shall be increased by 5% to 55% from 1 January 2016 and 65% from 1 January 2018.
8. Law on Military Service (revised)
The Law states 24-month military service terms of non-commissioned officers and soldiers in peacetime. In peacetime, male citizens in the age group of between full eighteen years and full twenty-seven years may be call up (Article 30).
Once in February or March every year, citizens will be conscripted into the Army to perform the obligation to join the People’s Public Security Force. In case of necessity to meet defense or public security requirements, citizens may be conscripted for the second time (Article 33).
9. Law on the Vietnam Fatherland Front
This Law prescribes the rights, responsibilities, organization and operation of the Vietnam Fatherland Front; the relationships between the Vietnam Fatherland Front and the State, the People and organizations; and conditions for the operation of the Vietnam Fatherland Front.
Inheriting the historical role of the National United Front of Vietnam founded and led by the Communist Party of Vietnam and President Ho Chi Minh, the Vietnam Fatherland Front is a political alliance and voluntary union of the political organization, socio-political organizations, social organizations and prominent individuals representing their class, social stratum, ethnicity or religion and overseas Vietnamese.
The Vietnam Fatherland Front is the political base of the people’s administration; and shall represent and protect the lawful and legitimate rights and interests of the People; rally and uphold the strength of the great national unity, exercise democracy and promote social consensus; conduct social supervision and criticism; and participate in the building of the Party and the State, and in people’s diplomacy, thus contributing to national construction and defense.
The Law stresses that the Vietnam Fatherland Front shall represent and protect the lawful and legitimate rights and interests of the People; expand and diversify forms of rallying and uniting the People; encourage and support the People to exercise democracy and human rights, exercise fundamental rights and perform fundamental obligations of citizens, and follow the line and policies of the Party and policies and laws of the State.
The People shall participate in the organization and operation of the Vietnam Fatherland Front through its member organizations and prominent individuals being members of Vietnam Fatherland Front Committees at all levels, and participate in activities launched and organized by the Vietnam Fatherland Front. Through Vietnam Fatherland Front Committees and member organizations, the People shall give opinions on, and report and propose, issues of their concern to the Vietnam Fatherland Front for reporting and proposal to the Party and the State.
The People shall supervise activities of the Vietnam Fatherland Front to ensure the Vietnam Fatherland Front fully exercise its rights and discharge its responsibilities in accordance with law.
10. Law on State Audit
This Law provides for functions, tasks, powers, operation and organizational structure of the State Audit; roles and powers of the Auditor General of the State Audit, auditors of the State Audit; powers and responsibilities of institutions, organizations or individuals relating to the State Audit.
The subject matter of auditing by the State Audit is the management and utilization of public-sector finance or assets, and operations relating to the management and utilization of public-sector finance and assets of audited entities. In terms of standards of the State Audit, the Auditor General of the State Audit will set and introduce standards of the State Audit under the provisions of the Law on Introduction of legislative documents in place of regulations adopted by the Standing Committee of the National Assembly which prevail in the previous period.
Regarding legal value of an audit report, an audit report of the State Budget after being issued and publicly disclosed is binding on entities subject to auditing of frauds committed against management and utilization of public-sector finance and assets.