Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4622
Hoang Thi Hong Hanh
Delivery of the goods is the carrier’s obligation under a contract for the carriage of goods by sea, which is stipulated in international conventions and national laws. Delay in delivery of goods could lead to disputes between the carriers and cargo interests if the carriers’ liability is not regulated explicitly by the laws and the contract. This paper concentrates on analyzing the regulations of delay in delivery of goods and the carrier’s liability in the Vietnam Maritime Code 2015, compared with the Hamburg Rules 1978, the Rotterdam Rules 2008, and the China Maritime Code 1992, finding the shortcomings of these regulations in the Vietnam Maritime Code 2015, and suggesting the proper amendments. The article employs the applied legal research method and the comparative legal research method to examine: i) the definition of delay in delivery of goods; ii) the liability of the carrier and the limitation of liability for the delay in delivery; iii) notice of loss resulting from delay in delivery. Based on the results of the examination, the article presents the shortcomings of the particular regulations in terms of these matters in the Vietnam Maritime Code 2015, suggests five amendments, and supports Vietnam in ratifying the Rotterdam Rules 2008.
{"title":"Delay in Delivery of Goods under the Contract of Carriage by Sea in the Vietnam Maritime Code 2015: A Comparative Approach","authors":"Hoang Thi Hong Hanh","doi":"10.25073/2588-1167/vnuls.4622","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4622","url":null,"abstract":"Delivery of the goods is the carrier’s obligation under a contract for the carriage of goods by sea, which is stipulated in international conventions and national laws. Delay in delivery of goods could lead to disputes between the carriers and cargo interests if the carriers’ liability is not regulated explicitly by the laws and the contract. This paper concentrates on analyzing the regulations of delay in delivery of goods and the carrier’s liability in the Vietnam Maritime Code 2015, compared with the Hamburg Rules 1978, the Rotterdam Rules 2008, and the China Maritime Code 1992, finding the shortcomings of these regulations in the Vietnam Maritime Code 2015, and suggesting the proper amendments. The article employs the applied legal research method and the comparative legal research method to examine: i) the definition of delay in delivery of goods; ii) the liability of the carrier and the limitation of liability for the delay in delivery; iii) notice of loss resulting from delay in delivery. Based on the results of the examination, the article presents the shortcomings of the particular regulations in terms of these matters in the Vietnam Maritime Code 2015, suggests five amendments, and supports Vietnam in ratifying the Rotterdam Rules 2008.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"16 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140362778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4610
Dao Kim Anh
This article explores the evolving landscape of data protection law in Vietnam, focusing specifically on the responsibilities of data controllers under Vietnam's new Personal Data Protection Decree (Decree No. 13/2023/ND-CP - hereinafter referred to as Decree 13) and compares it with the European Union's General Data Protection Regulation (GDPR). The main objective is to assess how the provisions regarding data controllers’ responsibilities under Decree 13 align with international data protection standards, identifying its progress and challenges. The analysis uncovers both convergence and divergence points between the related provisions under Decree 13 and the GDPR, particularly in terms of clarity, scope, and enforcement mechanisms. A significant challenge identified is the ambiguity in Decree 13’s provisions on data controllers’ responsibilities and the absence of several essential elements, which could undermine the effectiveness of Vietnam's data protection framework. To address these issues, the article offers strategic recommendations for legislative improvements and practical adjustments for data controllers in Vietnam. In conclusion, while navigating the path to a comprehensive data protection framework poses challenges for Vietnam, this journey offers an opportunity to align with regional and global developments in data protection laws. By learning from the GDPR and adapting to its specific features, Vietnam can develop a robust, effective, and trustworthy data protection environment, safeguarding its citizens' privacy rights and facilitating a favorable international business climate.
{"title":"Enhancing the Responsibilities of Data Controllers in Vietnam: Insights from the European General Data Protection Regulation","authors":"Dao Kim Anh","doi":"10.25073/2588-1167/vnuls.4610","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4610","url":null,"abstract":" \u0000This article explores the evolving landscape of data protection law in Vietnam, focusing specifically on the responsibilities of data controllers under Vietnam's new Personal Data Protection Decree (Decree No. 13/2023/ND-CP - hereinafter referred to as Decree 13) and compares it with the European Union's General Data Protection Regulation (GDPR). The main objective is to assess how the provisions regarding data controllers’ responsibilities under Decree 13 align with international data protection standards, identifying its progress and challenges. The analysis uncovers both convergence and divergence points between the related provisions under Decree 13 and the GDPR, particularly in terms of clarity, scope, and enforcement mechanisms. A significant challenge identified is the ambiguity in Decree 13’s provisions on data controllers’ responsibilities and the absence of several essential elements, which could undermine the effectiveness of Vietnam's data protection framework. To address these issues, the article offers strategic recommendations for legislative improvements and practical adjustments for data controllers in Vietnam. In conclusion, while navigating the path to a comprehensive data protection framework poses challenges for Vietnam, this journey offers an opportunity to align with regional and global developments in data protection laws. By learning from the GDPR and adapting to its specific features, Vietnam can develop a robust, effective, and trustworthy data protection environment, safeguarding its citizens' privacy rights and facilitating a favorable international business climate.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"42 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4615
Phan Quang Thinh
The impact of the Soviet legal culture, particularly on Vietnam, within the socialist bloc, stands as a notable assertion. The incorporation of Soviet legal constructs into Vietnam’s legal framework emerged as a vital political necessity during a complex phase of Vietnam’s historical trajectory. Illustrated prominently in the 1959 Constitution of the Democratic Republic of Vietnam, this influence embodies a quintessential manifestation of Soviet legal impact on Vietnam. This paper delves into several facets of this influence, encompassing the Constitutional structure, articulation of citizenship rights and duties, confirmation of the Vietnamese Labour Party (now the Communist Party of Vietnam) leadership, configuration of State apparatus and power distribution, formulation of socioeconomic order, and a departure from Western constitutional paradigms. The inquiry primarily draws upon historical and comparative legal methods. Legal records from Vietnam and the Soviet Union have been amassed, scrutinized, and likened. Moreover, this study considers the legal and interdisciplinary insights offered by scholars from Vietnam, the Soviet Union, Russia, and the Western sphere pertaining to the subject matter of this article. These perspectives are not only considered but also assessed and integrated. The outcomes of this examination serve to elucidate: i) the significance of Vietnam’s 1959 Constitution in the progression of Vietnam’s socialist legal system; ii) the historical connection and contemporary inheritance of shared legacies between the two national legal systems within the overarching socialist legal framework; and iii) valuable insights into incorporating socialist legal norms into the constitutional process. Tra từ & tra câu Anh - Việt, Việt - Anh, Anh - Anh Nhúng biểu tượng tra cứu vào trang Nhấp đúp để tra cứu
苏联法律文化的影响，尤其是对社会主义集团内的越南的影响，是一个值得注意的论断。在越南历史发展的复杂阶段，将苏联的法律构建纳入越南的法律框架是一种重要的政治需要。这种影响在 1959 年《越南民主共和国宪法》中得到了突出体现，是苏联对越南法律影响的典型表现。本文深入探讨了这种影响的几个方面，包括宪法结构、公民权利和义务的表述、越南劳动党（现越南共产党）领导权的确认、国家机器的配置和权力分配、社会经济秩序的制定以及对西方宪法范式的背离。研究主要采用历史和比较法律方法。对越南和苏联的法律记录进行了收集、仔细研究和比较。此外，本研究还考虑了越南、苏联、俄罗斯和西方学者就本文主题所提出的法律和跨学科见解。不仅考虑了这些观点，还对其进行了评估和整合。研究结果有助于阐明：i) 越南 1959 年宪法在越南社会主义法律体系发展过程中的重要意义；ii) 在社会主义法律的总体框架内，两个国家法律体系之间的历史联系和共同遗产的当代继承；iii) 将社会主义法律规范纳入宪法程序的宝贵见解。 安-维, 维-安, 安-维 Nhúng biểu tượng tra cứu vào trang Nhấp đúp đểp tra cứu
{"title":"The Influence of Soviet Law on the 1959 Vietnamese Constitution","authors":"Phan Quang Thinh","doi":"10.25073/2588-1167/vnuls.4615","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4615","url":null,"abstract":"The impact of the Soviet legal culture, particularly on Vietnam, within the socialist bloc, stands as a notable assertion. The incorporation of Soviet legal constructs into Vietnam’s legal framework emerged as a vital political necessity during a complex phase of Vietnam’s historical trajectory. Illustrated prominently in the 1959 Constitution of the Democratic Republic of Vietnam, this influence embodies a quintessential manifestation of Soviet legal impact on Vietnam. This paper delves into several facets of this influence, encompassing the Constitutional structure, articulation of citizenship rights and duties, confirmation of the Vietnamese Labour Party (now the Communist Party of Vietnam) leadership, configuration of State apparatus and power distribution, formulation of socioeconomic order, and a departure from Western constitutional paradigms. The inquiry primarily draws upon historical and comparative legal methods. Legal records from Vietnam and the Soviet Union have been amassed, scrutinized, and likened. Moreover, this study considers the legal and interdisciplinary insights offered by scholars from Vietnam, the Soviet Union, Russia, and the Western sphere pertaining to the subject matter of this article. These perspectives are not only considered but also assessed and integrated. The outcomes of this examination serve to elucidate: i) the significance of Vietnam’s 1959 Constitution in the progression of Vietnam’s socialist legal system; ii) the historical connection and contemporary inheritance of shared legacies between the two national legal systems within the overarching socialist legal framework; and iii) valuable insights into incorporating socialist legal norms into the constitutional process. \u0000 \u0000 \u0000Tra từ & tra câu Anh - Việt, Việt - Anh, Anh - Anh \u0000 \u0000 \u0000 \u0000 \u0000 \u0000Nhúng biểu tượng tra cứu vào trang \u0000Nhấp đúp để tra cứu \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"32 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140361982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4620
Le Minh Luong, Minh Duc Hoang
How did the Soviet “juridical person” concept impact the contemporary conceptualization of legal personality in Russia, China, and Vietnam? To find an answer to this inquiry, this article explores the historical progress of “juridical person”, tracing its origins from 19th-century theories, through 20th-century communist civil regulations, to its present form. To unravel the progression, the doctrinal method and comparative law methods serve as research methodologies. The theoretical framework surrounding “juridical person” recognizes two distinct doctrines: fictitious personality and real personality. With these doctrines, a careful examination of civil regulations in the targeted countries was undertaken. The findings reveal a remarkable consistency: all three legal systems predominantly follow the fictitious doctrine when conceptualizing “juridical person” in their civil regulations, especially their Civil Codes. While variations exist due to ideological and historical contexts, this uniformity emphasizes the enduring influence of Soviet law and legal tradition on legislators’ approach to this concept across these nations. The recent divergence also becomes comprehensible when observed from doctrinal and historical perspectives.
{"title":"From Real to Fictitious Personality: The Concept of Juridical Person in Soviet Civil Regulations and Influences on Russia, China and Vietnam","authors":"Le Minh Luong, Minh Duc Hoang","doi":"10.25073/2588-1167/vnuls.4620","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4620","url":null,"abstract":"How did the Soviet “juridical person” concept impact the contemporary conceptualization of legal personality in Russia, China, and Vietnam? To find an answer to this inquiry, this article explores the historical progress of “juridical person”, tracing its origins from 19th-century theories, through 20th-century communist civil regulations, to its present form. To unravel the progression, the doctrinal method and comparative law methods serve as research methodologies. The theoretical framework surrounding “juridical person” recognizes two distinct doctrines: fictitious personality and real personality. With these doctrines, a careful examination of civil regulations in the targeted countries was undertaken. The findings reveal a remarkable consistency: all three legal systems predominantly follow the fictitious doctrine when conceptualizing “juridical person” in their civil regulations, especially their Civil Codes. While variations exist due to ideological and historical contexts, this uniformity emphasizes the enduring influence of Soviet law and legal tradition on legislators’ approach to this concept across these nations. The recent divergence also becomes comprehensible when observed from doctrinal and historical perspectives. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"12 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4535
Nguyen Quynh Trang
Human trafficking rose as a particularly concerning problem for the international community in the 1990s and early 2000. It quickly became an outbreak when facing the global pressure of illegal immigration, loose borders, security danger, and economic and territorial integrity. Women and children are two typical vulnerable objects, hence targeted by culprits in kidnapping, blackmail, trafficking, sexual abuse, exploited labor, or taking organs. With a complicated diverse terrain, child trafficking in Vietnam has been an unsolved issue, forcing the Vietnamese government to work harder to protect the future generation. Therefore, this research focuses on two main objectives, including investigating the protection of child victims of trafficking in Vietnam and proposing potential solutions in the future. The article suggests increasing the number and quality of research (conducted by Vietnamese organizations/experts) about child trafficking. Experiences learned from the Vietnamese context showed that frequent inspection, evaluation, and summarization in implementing international rules are necessary as well as remuneration for border sites or the police army. In the end, this paper might help other developing countries face difficulties from academic studies on child trafficking, new trafficking techniques, and victim assistance measures in the COVID-19 pandemic.
{"title":"Protection of Child Victims of Trafficking in Vietnam","authors":"Nguyen Quynh Trang","doi":"10.25073/2588-1167/vnuls.4535","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4535","url":null,"abstract":"Human trafficking rose as a particularly concerning problem for the international community in the 1990s and early 2000. It quickly became an outbreak when facing the global pressure of illegal immigration, loose borders, security danger, and economic and territorial integrity. Women and children are two typical vulnerable objects, hence targeted by culprits in kidnapping, blackmail, trafficking, sexual abuse, exploited labor, or taking organs. With a complicated diverse terrain, child trafficking in Vietnam has been an unsolved issue, forcing the Vietnamese government to work harder to protect the future generation. Therefore, this research focuses on two main objectives, including investigating the protection of child victims of trafficking in Vietnam and proposing potential solutions in the future. The article suggests increasing the number and quality of research (conducted by Vietnamese organizations/experts) about child trafficking. Experiences learned from the Vietnamese context showed that frequent inspection, evaluation, and summarization in implementing international rules are necessary as well as remuneration for border sites or the police army. In the end, this paper might help other developing countries face difficulties from academic studies on child trafficking, new trafficking techniques, and victim assistance measures in the COVID-19 pandemic.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"45 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140363130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4609
Zhiyuan Guo, Jiajia Yang
The first Criminal Procedure Law (CPL) of China, issued in 1979, was greatly influenced by the Soviet Criminal Procedure Law in multiple dimensions, including the framework, concepts, principles, and specific institutions. Although the Chinese CPL has changed a lot after three amendments in 1996, 2012 and 2018, respectively, the influence of the Soviet Law can still be noticed in many aspects of the current law. This paper will explore how Soviet Law has shaped Chinese CPL into the way it is. Part I will explore the historical development of Chinese CPL, indicating the close relationship between Chinese law and Soviet Law. Part II will compare Chinese CPLs with the Soviet (and its successor, Russia) CPLs, trying to identify their similarities and differences. Part III will draw some tentative conclusions from the comparison and predict the continuing influence of the Russian law model on Chinese CPL in the future. This paper will primarily rely on comparative study and historical analysis. The legal framework, legal terms, theories, principles, and specific institutions will be examined to illustrate the significant influence of the Soviet Law on Chinese Criminal Procedure Law. This study helps to better understand the evolution of Chinese criminal procedure law and predict its further development more accurately.
{"title":"The Influence of the Soviet Law Model on Criminal Procedure Law in China","authors":"Zhiyuan Guo, Jiajia Yang","doi":"10.25073/2588-1167/vnuls.4609","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4609","url":null,"abstract":"The first Criminal Procedure Law (CPL) of China, issued in 1979, was greatly influenced by the Soviet Criminal Procedure Law in multiple dimensions, including the framework, concepts, principles, and specific institutions. Although the Chinese CPL has changed a lot after three amendments in 1996, 2012 and 2018, respectively, the influence of the Soviet Law can still be noticed in many aspects of the current law. This paper will explore how Soviet Law has shaped Chinese CPL into the way it is. Part I will explore the historical development of Chinese CPL, indicating the close relationship between Chinese law and Soviet Law. Part II will compare Chinese CPLs with the Soviet (and its successor, Russia) CPLs, trying to identify their similarities and differences. Part III will draw some tentative conclusions from the comparison and predict the continuing influence of the Russian law model on Chinese CPL in the future. This paper will primarily rely on comparative study and historical analysis. The legal framework, legal terms, theories, principles, and specific institutions will be examined to illustrate the significant influence of the Soviet Law on Chinese Criminal Procedure Law. This study helps to better understand the evolution of Chinese criminal procedure law and predict its further development more accurately.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"57 36","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140362675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4621
Bui Tien Dat, Do Giang Nam
Private law has traditionally followed a separate mindset of rights, which is not necessarily related to the constitution. With the rise of constitutionalism in the world, thinking about constitutionalism and fundamental rights has spilt over into private law. The constitutionalisation of private law (or the horizontal effect of constitutional rights on relations between private actors) is one of the important topics that attract scholarly attention around the world. It can be seen that the modern history of the horizontal effect of constitutional rights has more than 60 years of development. However, in Vietnam, the topic of the effect of constitutional rights in private law has just been raised recently among legal scholars. This article serves as a development of the emerging discussion on the horizontal effect in Vietnam by providing a general conceptualisation and a brief history of the horizontal effect of constitutional rights in the world. The article also proposes the identification of horizontal effect paradigms in countries/jurisdictions and suggests implications of the horizontal effect for Vietnam.
{"title":"The Horizontal Effect: Conceptualisation and Application of Constitutional Rights in Private Law","authors":"Bui Tien Dat, Do Giang Nam","doi":"10.25073/2588-1167/vnuls.4621","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4621","url":null,"abstract":"Private law has traditionally followed a separate mindset of rights, which is not necessarily related to the constitution. With the rise of constitutionalism in the world, thinking about constitutionalism and fundamental rights has spilt over into private law. The constitutionalisation of private law (or the horizontal effect of constitutional rights on relations between private actors) is one of the important topics that attract scholarly attention around the world. \u0000It can be seen that the modern history of the horizontal effect of constitutional rights has more than 60 years of development. However, in Vietnam, the topic of the effect of constitutional rights in private law has just been raised recently among legal scholars. This article serves as a development of the emerging discussion on the horizontal effect in Vietnam by providing a general conceptualisation and a brief history of the horizontal effect of constitutional rights in the world. The article also proposes the identification of horizontal effect paradigms in countries/jurisdictions and suggests implications of the horizontal effect for Vietnam. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"16 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140362777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-30DOI: 10.25073/2588-1167/vnuls.4543
Sébastien Lafrance
The Quebec legal system is one of the few hybrid legal systems of the world that combines both common law and civil law. While the civil law regime in Quebec is mainly inspired by the Napoleon Code, the Civil Code of France, it still remains being influenced by the common law system, for example for its extensive reliance on jurisprudence. As it is the case for Quebec, the French Civil Code has also been heavily influential on the codification of the Vietnam’s Civil Code. Vietnam’s use of legal transplants also shows the impact of other legal systems on its own. In this paper, the author aims to brush an overview of the Quebec civil law codification that includes some comparisons with the Vietnam civil law regime.
{"title":"The Codification of Civil Law in Quebec: An Example for Vietnam?","authors":"Sébastien Lafrance","doi":"10.25073/2588-1167/vnuls.4543","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4543","url":null,"abstract":"The Quebec legal system is one of the few hybrid legal systems of the world that combines both common law and civil law. While the civil law regime in Quebec is mainly inspired by the Napoleon Code, the Civil Code of France, it still remains being influenced by the common law system, for example for its extensive reliance on jurisprudence. As it is the case for Quebec, the French Civil Code has also been heavily influential on the codification of the Vietnam’s Civil Code. Vietnam’s use of legal transplants also shows the impact of other legal systems on its own. In this paper, the author aims to brush an overview of the Quebec civil law codification that includes some comparisons with the Vietnam civil law regime. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"29 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140364292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-30DOI: 10.25073/2588-1167/vnuls.4566
Le Thi Anh Dao
The quality of a legal document is affected by its drafting techniques. The Law on International Treaties 2016 was promulgated before the issuance of Resolution No. 351/2017/UBTVQH14 dated March 14, 2017, which stipulates the format and drafting techniques of legal documents. This article analyzes the technical limitations of the Law on International Treaties 2016, including issues related to its structure, the lack of text cohesion, and the inconsistencies in expression and word usage. In addition, the author makes several recommendations to improve drafting techniques of this Law.
{"title":"Improving the Law on International Treaties 2016 from the Perspective of Legal Document Drafting Techniques","authors":"Le Thi Anh Dao","doi":"10.25073/2588-1167/vnuls.4566","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4566","url":null,"abstract":"The quality of a legal document is affected by its drafting techniques. The Law on International Treaties 2016 was promulgated before the issuance of Resolution No. 351/2017/UBTVQH14 dated March 14, 2017, which stipulates the format and drafting techniques of legal documents. This article analyzes the technical limitations of the Law on International Treaties 2016, including issues related to its structure, the lack of text cohesion, and the inconsistencies in expression and word usage. In addition, the author makes several recommendations to improve drafting techniques of this Law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139140419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-30DOI: 10.25073/2588-1167/vnuls.4545
Bui Dinh Nghia
Intermediary Service Providers (ISPs) are entities that play a crucial role in the modern world, providing Internet services to users. However, violations of the law by users are very common and not only negatively affect cyberspace but also cause ISPs to face legal issues. To address this problem, numerous countries have applied Safe Harbor to protect ISPs from users’ violations and remove these violations from the Internet environment. This paper focuses on reviewing the regulations relating to Safe Harbor in the world and evaluating the potential to apply this mechanism to improve Vietnamese law.
{"title":"Safe Harbor Mechanism for Intermediary Service Providers in the World and Recommendations for Improving Vietnamese Law","authors":"Bui Dinh Nghia","doi":"10.25073/2588-1167/vnuls.4545","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4545","url":null,"abstract":"Intermediary Service Providers (ISPs) are entities that play a crucial role in the modern world, providing Internet services to users. However, violations of the law by users are very common and not only negatively affect cyberspace but also cause ISPs to face legal issues. To address this problem, numerous countries have applied Safe Harbor to protect ISPs from users’ violations and remove these violations from the Internet environment. This paper focuses on reviewing the regulations relating to Safe Harbor in the world and evaluating the potential to apply this mechanism to improve Vietnamese law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"2 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139137349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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