Pub Date : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4415
T. Hieu
Land recovery is the dominant pathway for the government recovering land use rights for public interests based on the entire-people ownership of land. This article is based on experiences from some countries and then makes recommedations that Vietnam is required to expand the provisions on a compulsory purchase or land requisition to necessary circumstances where the state has demands for land or land use rights recovery. Notably, land requisition needs to appear as the official direction rather than the land recovery in the long term. The analysis also reveals that this formulation could clearly characterize the relationship within economic aspects and particularly resolve the land recovery’s drawbacks.
{"title":"Compulsory Purchase of Lands: Foreign Countries’ Experiences and Recommendations for Vietnam","authors":"T. Hieu","doi":"10.25073/2588-1167/vnuls.4415","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4415","url":null,"abstract":"Land recovery is the dominant pathway for the government recovering land use rights for public interests based on the entire-people ownership of land. This article is based on experiences from some countries and then makes recommedations that Vietnam is required to expand the provisions on a compulsory purchase or land requisition to necessary circumstances where the state has demands for land or land use rights recovery. Notably, land requisition needs to appear as the official direction rather than the land recovery in the long term. The analysis also reveals that this formulation could clearly characterize the relationship within economic aspects and particularly resolve the land recovery’s drawbacks. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"515 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116333996","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4453
V. Giao, Do Thanh Huyen
Asset recovery in the fight again corruption is a major challenge even for developed countries. The 2014 World Bank report on asset recovery shows that the problem will not improve without strong and breakthrough actions by governments. Accordingly, non-conviction based forfeiture is recently being adopted by more and more countries around the world, considering it is a good international practice. However, non-conviction based forfeiture also creates the potential to lead to serious violations of a number of basic human rights, including the right to property, if it is not properly defined. This article analyzes and evaluates the appropriateness and feasibility of non-conviction based forfeiture in the context of human rights. According to the authors, although it is not in conflict with human rights, in order to prevent potential abuses leading to human rights violations, national laws need to prescribe strict conditions and procedures for non-conviction based forfeiture, in order to ensure at the same time the harmonization of the two objectives: maximum recovery of corrupt assets and effective protection of the basic human rights of the litigants. Keywords: Corruption, human rights, right to property, asset recovery, non-conviction based forfeiture, Viet Nam.
{"title":"Non-Conviction Based Forfeiture: An Analysis from A Human Rights Perspective","authors":"V. Giao, Do Thanh Huyen","doi":"10.25073/2588-1167/vnuls.4453","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4453","url":null,"abstract":"Asset recovery in the fight again corruption is a major challenge even for developed countries. The 2014 World Bank report on asset recovery shows that the problem will not improve without strong and breakthrough actions by governments. Accordingly, non-conviction based forfeiture is recently being adopted by more and more countries around the world, considering it is a good international practice. However, non-conviction based forfeiture also creates the potential to lead to serious violations of a number of basic human rights, including the right to property, if it is not properly defined. This article analyzes and evaluates the appropriateness and feasibility of non-conviction based forfeiture in the context of human rights. According to the authors, although it is not in conflict with human rights, in order to prevent potential abuses leading to human rights violations, national laws need to prescribe strict conditions and procedures for non-conviction based forfeiture, in order to ensure at the same time the harmonization of the two objectives: maximum recovery of corrupt assets and effective protection of the basic human rights of the litigants. \u0000Keywords: Corruption, human rights, right to property, asset recovery, non-conviction based forfeiture, Viet Nam. ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117224591","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4466
M. H. Dang
The International Seabed Authority (ISA) was established under the United Nations Convention on Law of the Sea 1982 (UNCLOS) and the 1994 Agreement Relating to the Implementation of Part XI of UNCLOS. The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. This article discusses the management and regulatory role of the ISA in developing appropriate rules, regulations, and procedures for the prevention, reduction, and control of pollution and other hazards to the marine environment; protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment.
{"title":"The Role of the International Seabed Authority in Protecting Marine Environment","authors":"M. H. Dang","doi":"10.25073/2588-1167/vnuls.4466","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4466","url":null,"abstract":"The International Seabed Authority (ISA) was established under the United Nations Convention on Law of the Sea 1982 (UNCLOS) and the 1994 Agreement Relating to the Implementation of Part XI of UNCLOS. The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. This article discusses the management and regulatory role of the ISA in developing appropriate rules, regulations, and procedures for the prevention, reduction, and control of pollution and other hazards to the marine environment; protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"66 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132708725","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4469
Vu Le Hai Giang
The Constitution, which has the highest legal effect, stipulates the most important and fundamental principles of the political regime, the organization of state power, human rights and fundamental rights of citizens. Therefore, amending the constitution is not only a serious legal event, which significantly affects the legal system in general, but also affects many aspects of social life. The constitutional amendment procedure shall be difficult and complex to avoid arbitrary change as well as be applicable and feasible to process. Guaranteeing this balance is not easy, and vary in different historical circumstances. This explains why the constitutional amendment procedure is still an important and preferred subject in legal studies though it is not a new issue. This article focuses on studying some basic theoretical issues about the constitutional amendment and constitutional amendment procedures in the world; on this basis, this article makes some recommendations for constitutional amendment procedures in Vietnam. Keywords: Amending constitutions, making constitutions, constitutional review.
{"title":"Constitutional Amendment Procedures in the World and Suggestions for Vietnam","authors":"Vu Le Hai Giang","doi":"10.25073/2588-1167/vnuls.4469","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4469","url":null,"abstract":"The Constitution, which has the highest legal effect, stipulates the most important and fundamental principles of the political regime, the organization of state power, human rights and fundamental rights of citizens. Therefore, amending the constitution is not only a serious legal event, which significantly affects the legal system in general, but also affects many aspects of social life. The constitutional amendment procedure shall be difficult and complex to avoid arbitrary change as well as be applicable and feasible to process. Guaranteeing this balance is not easy, and vary in different historical circumstances. This explains why the constitutional amendment procedure is still an important and preferred subject in legal studies though it is not a new issue. This article focuses on studying some basic theoretical issues about the constitutional amendment and constitutional amendment procedures in the world; on this basis, this article makes some recommendations for constitutional amendment procedures in Vietnam. Keywords: Amending constitutions, making constitutions, constitutional review.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132611719","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4452
Thien Le Nguyen Gia
The emergency arbitration clause has been added to the arbitration rules of several arbitration centers around the world. The emergency arbitration shall be appointed before the establishment of the arbitral tribunal and shall be tasked with issuing interim measures. If there is no emergency arbitration, a party needs to wait until the arbitral tribunal is formally formed or ask the court to issue measures. If parties have to wait until the arbitral tribunal is formed, then the enacted interim measures are too late and therefore ineffective. Thus, with its characteristics, the emergency arbitrator has overcome this situation and demonstrated the importance of protecting the assets and legitimate interests of the parties. Emergency arbitration is still a new matter in Vietnam. This article focuses on a detailed analysis of some theoretical and practical issues of emergency arbitration in international arbitration. The article then concludes by proposing suggestions about the ability to enforce emergency arbitration decisions in international arbitration laws.
{"title":"A Discussion of the Decision to Apply Interim Measures of Emergency Arbitration","authors":"Thien Le Nguyen Gia","doi":"10.25073/2588-1167/vnuls.4452","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4452","url":null,"abstract":"The emergency arbitration clause has been added to the arbitration rules of several arbitration centers around the world. The emergency arbitration shall be appointed before the establishment of the arbitral tribunal and shall be tasked with issuing interim measures. If there is no emergency arbitration, a party needs to wait until the arbitral tribunal is formally formed or ask the court to issue measures. If parties have to wait until the arbitral tribunal is formed, then the enacted interim measures are too late and therefore ineffective. Thus, with its characteristics, the emergency arbitrator has overcome this situation and demonstrated the importance of protecting the assets and legitimate interests of the parties. Emergency arbitration is still a new matter in Vietnam. This article focuses on a detailed analysis of some theoretical and practical issues of emergency arbitration in international arbitration. The article then concludes by proposing suggestions about the ability to enforce emergency arbitration decisions in international arbitration laws. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130994767","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4396
Truong Thi Thu Thuy
Members of Parliament represent the will of the people. To perform this function, they need to be independent. One of the conditions for members of Parliamentto ensure their independence when performing their duties is their inviolability. Today, parliamentary inviolability has been recognized in most countries of the world. Accordingly, it may be provided for in the Constitution, acts, or case law. The Republic of France is one of the countries that recognized parliamentary inviolability very early, with many progressive provisions. This article analyzes some issues of parliamentary inviolability in the Republic of France, such as the object entitled to the right, the time of the beginning and the end of the right, the degree of protection of the right, the act of enjoying the right and abolishing the right. On that basis, the article gives some experiences for Vietnam in improving the legal provisions on parliamentary inviolability.
{"title":"Parliamentary Inviolability in the Republic of France and Experiences for Vietnam","authors":"Truong Thi Thu Thuy","doi":"10.25073/2588-1167/vnuls.4396","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4396","url":null,"abstract":"Members of Parliament represent the will of the people. To perform this function, they need to be independent. One of the conditions for members of Parliamentto ensure their independence when performing their duties is their inviolability. Today, parliamentary inviolability has been recognized in most countries of the world. Accordingly, it may be provided for in the Constitution, acts, or case law. The Republic of France is one of the countries that recognized parliamentary inviolability very early, with many progressive provisions. This article analyzes some issues of parliamentary inviolability in the Republic of France, such as the object entitled to the right, the time of the beginning and the end of the right, the degree of protection of the right, the act of enjoying the right and abolishing the right. On that basis, the article gives some experiences for Vietnam in improving the legal provisions on parliamentary inviolability. \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"314 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124458773","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4447
N. Huyen
The development of society requires workers, especially those with high professional qualifications such as bachelor's, master's, and doctor of philosophy degrees in law, to have professional, technological, and foreign language capabilities; to have good skills and attitudes. For learners to achieve those competency standards, the requirement for training is to have an appropriate training method to maximize their learning ability, and that training method is digital transformation. To successfully implement a digital transformation, training institutions need to ensure the requirements of: i) Human resources - lecturers with professional qualifications, practical experience, and the ability to work and teach in the digital age; departmental staff with professional qualifications, proficient use of technology to meet the job requirements; ii) Physical resources - synchronous and preeminent facilities to meet online learning, teaching, and research; iii) Financial resources to meet learning and teaching in the digital age and iv) Appropriate mechanisms and policies for successful digital transformation in training. This article analyzes the factors above and proposes solutions to ensure the quality of legal education in training institutions in the context of digital transformation in Vietnam.
{"title":"Some Requirements to Guarantee the Quality of Legal Education in the Digital Transformation Era in Vietnam","authors":"N. Huyen","doi":"10.25073/2588-1167/vnuls.4447","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4447","url":null,"abstract":"The development of society requires workers, especially those with high professional qualifications such as bachelor's, master's, and doctor of philosophy degrees in law, to have professional, technological, and foreign language capabilities; to have good skills and attitudes. For learners to achieve those competency standards, the requirement for training is to have an appropriate training method to maximize their learning ability, and that training method is digital transformation. To successfully implement a digital transformation, training institutions need to ensure the requirements of: i) Human resources - lecturers with professional qualifications, practical experience, and the ability to work and teach in the digital age; departmental staff with professional qualifications, proficient use of technology to meet the job requirements; ii) Physical resources - synchronous and preeminent facilities to meet online learning, teaching, and research; iii) Financial resources to meet learning and teaching in the digital age and iv) Appropriate mechanisms and policies for successful digital transformation in training. This article analyzes the factors above and proposes solutions to ensure the quality of legal education in training institutions in the context of digital transformation in Vietnam. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128891909","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 : 2022-12-31DOI: 10.25073/2588-1167/vnuls.4514
Phan Thi Thanh Thuy
The requirement to settle international investment disputes arising from the new generation free trade agreements that Vietnam is a member of has been causing great pressure on the Vietnamese Government, authorities, and the system of national jurisdictions. This article will focus on analyzing and clarifying the main mechanisms of investor-state dispute settlement (ISDS) that have been applied in these free trade agreements and the legal and practical challenges the Government has been facing. As a result of the research findings, the article will make suggestions on solutions to improve the law and the institutions involved in ISDS in Vietnam.
{"title":"Investor-State Dispute Settlement in the Context of the Implementation of New Generation Free trade Agreements and the Challenges for Vietnam","authors":"Phan Thi Thanh Thuy","doi":"10.25073/2588-1167/vnuls.4514","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4514","url":null,"abstract":"The requirement to settle international investment disputes arising from the new generation free trade agreements that Vietnam is a member of has been causing great pressure on the Vietnamese Government, authorities, and the system of national jurisdictions. This article will focus on analyzing and clarifying the main mechanisms of investor-state dispute settlement (ISDS) that have been applied in these free trade agreements and the legal and practical challenges the Government has been facing. As a result of the research findings, the article will make suggestions on solutions to improve the law and the institutions involved in ISDS in Vietnam. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115136130","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 : 2022-09-27DOI: 10.25073/2588-1167/vnuls.4481
Nguyen Thi Que Anh
The Fourth Industrial Revolution has had a strong impact not only on the natural sciences but also on the social sciences, including the legal sciences. The need to harmonize legislation and new technology requires analyzing the legal aspects of new technology as soon as possible and developing regulatory frameworks in a way that responds to development needs of new technologies. The article analyzes and evaluates the impacts of artificial intelligence technologies on the current legal-technical mechanisms for intellectual property rights protection in general and in Vietnam in particular, such as patent protection for algorithms in artificial intelligence, and copyright protection for objects created by artificial intelligence. Thereby, the author assesses the adaptation of Vietnam's current intellectual property law and makes recommendations to improve the law.
{"title":"Improving Vietnamese Intellectual Property Law in the Context of Developing Artificial Intelligence","authors":"Nguyen Thi Que Anh","doi":"10.25073/2588-1167/vnuls.4481","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4481","url":null,"abstract":"The Fourth Industrial Revolution has had a strong impact not only on the natural sciences but also on the social sciences, including the legal sciences. The need to harmonize legislation and new technology requires analyzing the legal aspects of new technology as soon as possible and developing regulatory frameworks in a way that responds to development needs of new technologies. The article analyzes and evaluates the impacts of artificial intelligence technologies on the current legal-technical mechanisms for intellectual property rights protection in general and in Vietnam in particular, such as patent protection for algorithms in artificial intelligence, and copyright protection for objects created by artificial intelligence. Thereby, the author assesses the adaptation of Vietnam's current intellectual property law and makes recommendations to improve the law.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"483 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122741866","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 : 2022-09-27DOI: 10.25073/2588-1167/vnuls.4477
D. Phuong, Nguyen Nhu Ha
Artificial intelligence has been paving the way for revolutionizing science, technology and production worldwide, and at the same time entailing changes in traditional legal relations – patent law is not outside the scope of influence of artificial intelligence. Questions are being raised about the increasing patent protection system such as the object of an invention, the subject of an invention or the criteria for evaluating patentability. The article provides an insight into the experience of the European Union patent law in response to the effects of artificial intelligence, thereby proposing some recommendations for Vietnam.
{"title":"Recognition of the Impact of Artificial Intelligence on Patent Law of the European Union","authors":"D. Phuong, Nguyen Nhu Ha","doi":"10.25073/2588-1167/vnuls.4477","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4477","url":null,"abstract":"Artificial intelligence has been paving the way for revolutionizing science, technology and production worldwide, and at the same time entailing changes in traditional legal relations – patent law is not outside the scope of influence of artificial intelligence. Questions are being raised about the increasing patent protection system such as the object of an invention, the subject of an invention or the criteria for evaluating patentability. The article provides an insight into the experience of the European Union patent law in response to the effects of artificial intelligence, thereby proposing some recommendations for Vietnam.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130033928","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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