Vietnamese
There is only 01 month left until 2023. This is the time that the 4 following Laws take effect with many remarkable contents. Let's review the remarkable contents of 4 Laws that take effect on January 01, 2023.
1. Law on Insurance Business
The Law on insurance business takes effect on January 01, 2023, a number of contents that people involved in life insurance and non-life insurance must pay attention to as follows:
- Duration to consider participating in insurance: For insurance contracts with a term of more than 1 year, within 21 days from the date of receiving the insurance contract, the insurance buyer may refuse to continue participating in insurance. Within that, when the contract is canceled and the insurance payer is refunded with extracted charges.
- Cases of non-indemnity or non-payment of insurance money:
- The insured dies of suicide within two years counting from the date the first sum of insurance premium is paid or from the date the insurance contract restores the effect;
- The insured dies due to the intentional fault of the insurance buyer or the intentional fault of the beneficiary;
- The insured suffers from infirmity due to the intentional fault of the insured or the insurance buyer, or the intentional fault of the beneficiary;
- The insured dies due to the execution of a death sentence or other cases as agreed upon in the insurance contract.
Besides, Clause 4, Article 99 of this Law prescribes that insurance enterprises, reinsurance enterprises, and Vietnam-based foreign branches are not allowed to invest, or entrust to invest in real estate business. At the same time, not allowed to conduct real estate business, except for the cases of:
- Purchasing stocks of real estate enterprises listed on the securities market, fund certificates of public funds;
- Purchasing, investing, or owning real estate for use as business headquarters, workplace or warehouses directly serving professional operations;
- Leasing unused business headquarters under the ownership or use right;
- Holding real estate due to the handling of bonds secured by real estate.
2. Law on the Mobile Police Force
Takes effect on January 01, 2023, Law on Mobile Police Force 2022 is issued with contents which are amended and supplemented as follows:
- Add more prohibited acts for the mobile police force (Article 8, Law on Mobile Police Force 2022):
- Opposing or obstructing the operation of the Mobile Police Force; revenging, threatening, or infringing upon the life, health, honor and dignity of Mobile Police officers and men, agencies, organizations and individuals that coordinate or cooperate with, support and assist the Mobile Police Force in performing their official duties or for official-duty reasons.
- Corrupting, bribing or forcing Mobile Police officers and men to act against their assigned tasks and powers.
- Impersonating Mobile Police officers and men; counterfeiting means, forging, or illegally trading and using uniforms, badges, seals, and special-duty certificates of the Mobile Police Force.
- Abusing or taking advantage of positions, powers, and working positions of Mobile Polico officers and men to violate the law, infringe upon the lawful rights and interests of agencies, organizations, or individuals, or harass and trouble agencies, organizations, and individuals.
- Mobile police force’s rights:
- To use weapons, explosives, supporting tools, and technical-professional means and equipment in accordance with Article 15 of this Law.
- To carry weapons, explosives, supporting tools, and technical-professional means and equipment into airports or on-board civilian aircraft to perform tasks;
- To handle administrative violations in accordance with the law on handling administrative violations...
Recruitment of citizens into the Mobile Police Force Vietnamese citizens, male or female, who possess political and moral qualities, have good health, are in the age group meeting duty requirements, and are voluntary may be recruited into the Mobile Police Force. Particularly, the Mobile Police Force shall be given priority in selecting citizens under Clause 1 of this Article who possess professional and technical qualifications or suitable aptitude and talent for long-term service in the Mobile Police Force.
Also, in accordance with this Law, the National Assembly approves April 15 every year as the traditional day of the Mobile Police Force.
3. Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property
The Law amending and supplementing a number of articles of the Law on Intellectual Property is one of the Laws taking much care from enterprises. From January 01, 2023, Law on Intellectual property is amended with remarkable contents as follows:
- There are grounds to believe that the applicant does not have the right to register subject matters of industrial property or register the mark with bad intentions.
- The protected mark has become a common name of goods or services registered for the such mark; The use of the mark protected for goods or services by the mark owner or a person permitted by the mark owner leads to consumers’ misunderstanding about the nature, quality or geographical origin of such goods or services;
- Supplement the dossiers for registration of copyright and related rights, accordingly authors, copyright holders, and related rights holders may personally file or authorize other organizations or individuals to file dossiers for registration of copyright or related rights by hand-delivery, by post or via the Online Public Service Portal to the state management agency in charge of copyright and related rights.
Therefore, from January 01, 2023, file the dossier for registration of copyrights by post or via the Online Public Service Portal.
4. Law on Cinematography
After many “break-down” in cinematography, Law on Cinematography 2022 is issued and formally takes effect on January 01, 2023, with the purpose to strengthen legal compliance in this industry.
Accordingly, this Law emphasizes that cinema establishments can refuse to serve audiences who use banned substances or stimulants; bring weapons, flammable and explosive materials, radioactive substances, toxic substances, banned substances or stimulants into cinemas; cause disturbance or disorder at cinemas; Cinematic establishments shall be responsible to offer exemption from or reduction of ticket prices for the elderly, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects.
Besides, Law on Cinematography 2022 also supplements the regulations on termination of dissemination of a film as prescribed in Article 30, accordingly, there are 02 cases of termination of dissemination of the film, in one of the following cases:
- Prohibited acts in the cinematography Inciting or offending beliefs or religions; propagating or promoting illegal belief and religious activities; insulting the National Flag, Communist Party of Vietnam’s Flag, National Emblem, or National Anthem; Carrying out propaganda to incite wars of aggression; causing hatred; Distorting the nation’s history, denying revolutionary achievements; great personalities...
- For national defense, security, disasters, epidemics, or emergency circumstances.
Here are 4 Laws that take effect on January 01, 2023, with remarkable contents.
