Pub Date : 2023-12-30DOI: 10.25073/2588-1167/vnuls.4586
Nguyễn Ngọc Chí
Execution of criminal judgments is an inevitable requirement of the process of enforcing court judgments in social life, which is governed by legal norms. However, in Vietnam, there are currently different concepts of the position, features, and scope of the criminal judgment execution law, leading to various approaches and consequences in the construction and enforcement of the law. Thus, this article argues for a new understanding of criminal judgment execution law by considering it as an area of Vietnamese administrative law.
{"title":"Criminal Judgment Execution Law - An Area of Vietnamese Administrative Law","authors":"Nguyễn Ngọc Chí","doi":"10.25073/2588-1167/vnuls.4586","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4586","url":null,"abstract":"Execution of criminal judgments is an inevitable requirement of the process of enforcing court judgments in social life, which is governed by legal norms. However, in Vietnam, there are currently different concepts of the position, features, and scope of the criminal judgment execution law, leading to various approaches and consequences in the construction and enforcement of the law. Thus, this article argues for a new understanding of criminal judgment execution law by considering it as an area of Vietnamese administrative law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":" 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141509","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.4562
Tran Linh Huan
This article analyzes the biodiversity-related provisions in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European-Vietnam Free Trade Agreement (EVFTA). In addition, the author examines Vietnam’s biodiversity-related regulations for the purpose of internalizing these two Agreements. The authors also point out several challenges of Vietnam in implementing commitments and offer solutions for improving the effectiveness of implementing these commitments.
{"title":"Implementation of Regulations on Biodiversity in Vietnamese Environmental Law","authors":"Tran Linh Huan","doi":"10.25073/2588-1167/vnuls.4562","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4562","url":null,"abstract":"This article analyzes the biodiversity-related provisions in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European-Vietnam Free Trade Agreement (EVFTA). In addition, the author examines Vietnam’s biodiversity-related regulations for the purpose of internalizing these two Agreements. The authors also point out several challenges of Vietnam in implementing commitments and offer solutions for improving the effectiveness of implementing these commitments.","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":"139139260","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.4602
Nguyen Van Khoat
The provisions on smuggling in the Criminal Code 2015 (amended in 2017) have been improved to be more suitable for the country’s socio-economic situation, associated with the globalization as well as deep engagement of regional and global economy and trade. It has better met the requirements of the prevention of smuggling in current time. However, obstacles and limitations have been shown when applying provisions on smuggling in practice. In this article, the author clarifies several matters on smuggling crime prescribed in the Criminal Code for the law reform and ensuring the correct application of criminal law provisions on this crime.
{"title":"Smuggling under the Current Vietnamese Criminal Code and Several Solutions for the Law Reform and Law Enforcement","authors":"Nguyen Van Khoat","doi":"10.25073/2588-1167/vnuls.4602","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4602","url":null,"abstract":"The provisions on smuggling in the Criminal Code 2015 (amended in 2017) have been improved to be more suitable for the country’s socio-economic situation, associated with the globalization as well as deep engagement of regional and global economy and trade. It has better met the requirements of the prevention of smuggling in current time. However, obstacles and limitations have been shown when applying provisions on smuggling in practice. In this article, the author clarifies several matters on smuggling crime prescribed in the Criminal Code for the law reform and ensuring the correct application of criminal law provisions on this crime.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139140389","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.4537
Nguyen Tien Dat
Provisions on expropriation of investors' property rights are intended to protect foreign investors by establishing standards and conditions for acts of interference in property ownership of the receiving country. By international practice, this provision is indispensable in international investment agreements and becomes clearer through international investment case law. The Investment Protection Agreement between Vietnam and the European Union (EVIPA) is built to reflect the standard criteria for protecting investors' interests in case of expropriation of property but also creates specific commitments in accordance with Vietnamese law practice.
{"title":"The Expropriation Provision in the Investment Protection Agreement Between Vietnam and the European Union","authors":"Nguyen Tien Dat","doi":"10.25073/2588-1167/vnuls.4537","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4537","url":null,"abstract":"Provisions on expropriation of investors' property rights are intended to protect foreign investors by establishing standards and conditions for acts of interference in property ownership of the receiving country. By international practice, this provision is indispensable in international investment agreements and becomes clearer through international investment case law. The Investment Protection Agreement between Vietnam and the European Union (EVIPA) is built to reflect the standard criteria for protecting investors' interests in case of expropriation of property but also creates specific commitments in accordance with Vietnamese law practice.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":" 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139138648","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.4579
Nguyen Thi Thanh Hai
The Universal Periodic Review (UPR) is a mechanism to review the human rights situation for all UN member states. This paper provides some analysis of the impact and effectiveness of the UPR mechanism since its establishment in 2006. By looking at the achieved results and limitations of the UPR, this article argues that after nearly two decades of operation, the mechanism needs to be comprehensively evaluated by the United Nations and relevant stakeholders to make necessary adjustments to enhance the effectiveness of this global human rights monitoring mechanism. The article also takes Vietnam’s participation as an illustration of how UPR mechanism works at the national level.
{"title":"United Nation’s Universal Periodic Review Mechanism on Human Rights: Results and Challenges","authors":"Nguyen Thi Thanh Hai","doi":"10.25073/2588-1167/vnuls.4579","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4579","url":null,"abstract":"The Universal Periodic Review (UPR) is a mechanism to review the human rights situation for all UN member states. This paper provides some analysis of the impact and effectiveness of the UPR mechanism since its establishment in 2006. By looking at the achieved results and limitations of the UPR, this article argues that after nearly two decades of operation, the mechanism needs to be comprehensively evaluated by the United Nations and relevant stakeholders to make necessary adjustments to enhance the effectiveness of this global human rights monitoring mechanism. The article also takes Vietnam’s participation as an illustration of how UPR mechanism works at the national level.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":" 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141376","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 : 2023-09-30DOI: 10.25073/2588-1167/vnuls.4465
Dang Van Quan
Recently, the establishment of international commercial courts in some countries has been creating fruitful changes in the dispute resolution industry. The article provides an overview of dispute resolution mechanisms in international commerce, pointing out that arbitration is the most commonly used mechanism while national courts are the least preferred method. However, both methods have characteristics that need to be improved. On that basis, the author introduces the birth of the international commercial court, approaching the research object from definition, and history and analyzing some salient characteristics by examining some typical international commercial courts that have been founded in Singapore, the United Arab Emirates (Dubai) and the UK (London). For some vital features of the international commercial court, the author analyzes them in comparison with those of arbitration and national courts so that readers may assure of the strengths and weaknesses of these three methods. Finally, after considering the number of caseloads heard in international commercial courts and confirming the potential development of this court model, the author comes to a proposal for Vietnam regarding researching, surveying, and building an international commercial court.
{"title":"International Commercial Courts - the New Movement in Dispute Resolution","authors":"Dang Van Quan","doi":"10.25073/2588-1167/vnuls.4465","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4465","url":null,"abstract":"Recently, the establishment of international commercial courts in some countries has been creating fruitful changes in the dispute resolution industry. The article provides an overview of dispute resolution mechanisms in international commerce, pointing out that arbitration is the most commonly used mechanism while national courts are the least preferred method. However, both methods have characteristics that need to be improved. On that basis, the author introduces the birth of the international commercial court, approaching the research object from definition, and history and analyzing some salient characteristics by examining some typical international commercial courts that have been founded in Singapore, the United Arab Emirates (Dubai) and the UK (London). For some vital features of the international commercial court, the author analyzes them in comparison with those of arbitration and national courts so that readers may assure of the strengths and weaknesses of these three methods. Finally, after considering the number of caseloads heard in international commercial courts and confirming the potential development of this court model, the author comes to a proposal for Vietnam regarding researching, surveying, and building an international commercial court.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136341502","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 : 2023-09-30DOI: 10.25073/2588-1167/vnuls.4509
Nguyen Son Lam
Currently, authorized representatives of the State agencies, who are defendants in administrative cases, frequently miss the court hearings. As a result, the defendant's absence hinders the Court from taking testimonies and collecting evidence, which has a detrimental effect on the case judgment. The article deals with several issues as follows: the legal provisions on collecting evidence by taking testimonies of the defendant; the challenges in obtaining the defendant's testimony due to their absence at Court; the reason for the defendant's absence in the administrative adjudication proceedings; Make recommendations to improve the method of taking the defendant's testimony in the Administrative Proceedings Law.
{"title":"Collecting Evidence by Taking Testimonies of the Defendant in Administrative Proceedings","authors":"Nguyen Son Lam","doi":"10.25073/2588-1167/vnuls.4509","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4509","url":null,"abstract":"Currently, authorized representatives of the State agencies, who are defendants in administrative cases, frequently miss the court hearings. As a result, the defendant's absence hinders the Court from taking testimonies and collecting evidence, which has a detrimental effect on the case judgment. The article deals with several issues as follows: the legal provisions on collecting evidence by taking testimonies of the defendant; the challenges in obtaining the defendant's testimony due to their absence at Court; the reason for the defendant's absence in the administrative adjudication proceedings; Make recommendations to improve the method of taking the defendant's testimony in the Administrative Proceedings Law.
","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136341982","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 : 2023-09-30DOI: 10.25073/2588-1167/vnuls.4463
Tran Linh Huan
Climate change and waste management have always been closely linked and impactful to each other. Looking at the goal of mitigating greenhouse gas emissions will show the requirements for adjusting the waste management methods, processes, technologies, etc.. Therefore, this article focuses on analyzing the aspects of waste management related to climate change, and identifying solutions to promote the goal of reducing greenhouse gas emissions in waste management in Vietnam today
{"title":"The Law on Climate Change and Waste Management from the Perspective of Greenhouse Gas Emissions Mitigation","authors":"Tran Linh Huan","doi":"10.25073/2588-1167/vnuls.4463","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4463","url":null,"abstract":"Climate change and waste management have always been closely linked and impactful to each other. Looking at the goal of mitigating greenhouse gas emissions will show the requirements for adjusting the waste management methods, processes, technologies, etc.. Therefore, this article focuses on analyzing the aspects of waste management related to climate change, and identifying solutions to promote the goal of reducing greenhouse gas emissions in waste management in Vietnam today","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136279906","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 : 2023-09-30DOI: 10.25073/2588-1167/vnuls.4538
Nguyen Ngoc Ha
Many United States’ free trade agreements, including the new generation of free trade agreements, contain strong commitments on labor, especially from a dispute settlement perspective. There are concerns about the effectiveness of such labor dispute resolution mechanisms. However, the practice of settling disputes between the United States and its partners has partly shown that these mechanisms have worked quite well to quickly resolve problems and disagreements between the parties during the implementation of their labor commitments. This can help Vietnam draw some meaningful lessons. Therefore, this article will focus on analyzing some key points in the labor dispute settlement mechanisms, the practical use of this mechanism in free trade agreements to which the United States is a member and on drawing some lessons for Vietnam
{"title":"Labour-related Dispute Settlement under the United States’ Free Trade Agreements and Recommendations for Vietnam","authors":"Nguyen Ngoc Ha","doi":"10.25073/2588-1167/vnuls.4538","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4538","url":null,"abstract":"Many United States’ free trade agreements, including the new generation of free trade agreements, contain strong commitments on labor, especially from a dispute settlement perspective. There are concerns about the effectiveness of such labor dispute resolution mechanisms. However, the practice of settling disputes between the United States and its partners has partly shown that these mechanisms have worked quite well to quickly resolve problems and disagreements between the parties during the implementation of their labor commitments. This can help Vietnam draw some meaningful lessons. Therefore, this article will focus on analyzing some key points in the labor dispute settlement mechanisms, the practical use of this mechanism in free trade agreements to which the United States is a member and on drawing some lessons for Vietnam","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136280075","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 : 2023-09-30DOI: 10.25073/2588-1167/vnuls.4513
Nguyen Tien Dat, Nguyen Nhu Ha
Vietnam is a country negatively affected by climate change due to the increasing greenhouse effect. Implementing the commitment to cut greenhouse gas to “zero” by 2035, Vietnam has been making efforts to build a domestic carbon market, towards connecting with the world carbon market. To achieve this goal, Vietnam needs to develop and improve the legal basis for carbon credit management and the exchange of greenhouse gas emission quotas.
{"title":"Foreign Countries’ Experiences on the Carbon Credit Management and the Green House Gas Emission Quota Exchange","authors":"Nguyen Tien Dat, Nguyen Nhu Ha","doi":"10.25073/2588-1167/vnuls.4513","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4513","url":null,"abstract":"Vietnam is a country negatively affected by climate change due to the increasing greenhouse effect. Implementing the commitment to cut greenhouse gas to “zero” by 2035, Vietnam has been making efforts to build a domestic carbon market, towards connecting with the world carbon market. To achieve this goal, Vietnam needs to develop and improve the legal basis for carbon credit management and the exchange of greenhouse gas emission quotas.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136280086","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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