Pub Date : 2022-09-27DOI: 10.25073/2588-1167/vnuls.4478
Do Giang Nam
The inclusion of chapters that introduce a high standard of intellectual property protection in free trade agreements has become an essential feature of the international commercial policy of developed countries. Based on the analysis of the legal policies and practices of entering into and implementing commitments on intellectual property in the new generation of free trade agreements of the European Union (EU), this article points out that there are two prominent legal aspects of implementing intellectual property provisions in the new generation of free trade agreements. On the one hand, in comparison to partners being developing countries, the EU has always been in the position of a negotiating party with a superior intellectual property protection system; therefore, the goal of these agreements is to provide “sticks and carrots” to push the developing countries to change their laws, policies, and standards. From the perspective of comparative law theory, the implementation of agreements will lead to the “transplantation and transformation” of intellectual property legislations from the EU to partner countries. On the other hand, in some typical cases related to i) the protection of genetic resources, traditional knowledge, and ii) technology transfer, the developing countries have also gained certain achievements in including the above issues in the agreements; and thereby imposing obligations on the EU to implement these commitments.
{"title":"Implementing Intellectual Property Provisions in New-Generation Free Trade Agreements in the EU","authors":"Do Giang Nam","doi":"10.25073/2588-1167/vnuls.4478","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4478","url":null,"abstract":"The inclusion of chapters that introduce a high standard of intellectual property protection in free trade agreements has become an essential feature of the international commercial policy of developed countries. Based on the analysis of the legal policies and practices of entering into and implementing commitments on intellectual property in the new generation of free trade agreements of the European Union (EU), this article points out that there are two prominent legal aspects of implementing intellectual property provisions in the new generation of free trade agreements. On the one hand, in comparison to partners being developing countries, the EU has always been in the position of a negotiating party with a superior intellectual property protection system; therefore, the goal of these agreements is to provide “sticks and carrots” to push the developing countries to change their laws, policies, and standards. From the perspective of comparative law theory, the implementation of agreements will lead to the “transplantation and transformation” of intellectual property legislations from the EU to partner countries. On the other hand, in some typical cases related to i) the protection of genetic resources, traditional knowledge, and ii) technology transfer, the developing countries have also gained certain achievements in including the above issues in the agreements; and thereby imposing obligations on the EU to implement these commitments.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"61 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":"128875681","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.4430
Tran Linh Huan, Dang Thi Thuy Trang
Environmental protection in burial activities is one of the key requirements to ensure the environment to be not affected by the negative impacts of burial activities. Currently, environmental protection requirements in burial activities have been governed by legal provisions, however, due to the influence of the long-standing habits and customs, along with the limitations of legal provisions on this issue, environmental protection in burial activities has not been guaranteed. This article focuses on i) clarifying the need to protect the environment in burial activities by the law, ii) on this basis, stating, analyzing and evaluating the current legal status on the matter, iii) finally, making some recommendations for improvement of the law.
{"title":"Law on Environmental Protection in Burial Activities: Practice and Some Recommendations for Improvement","authors":"Tran Linh Huan, Dang Thi Thuy Trang","doi":"10.25073/2588-1167/vnuls.4430","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4430","url":null,"abstract":"Environmental protection in burial activities is one of the key requirements to ensure the environment to be not affected by the negative impacts of burial activities. Currently, environmental protection requirements in burial activities have been governed by legal provisions, however, due to the influence of the long-standing habits and customs, along with the limitations of legal provisions on this issue, environmental protection in burial activities has not been guaranteed. This article focuses on i) clarifying the need to protect the environment in burial activities by the law, ii) on this basis, stating, analyzing and evaluating the current legal status on the matter, iii) finally, making some recommendations for improvement of the law. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"9 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":"114952400","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.4476
Vu-thi Yen
With the development of the economy, society, science – technique and media, the scope of marks that can be recognized as trademarks in commerce has been increasingly expanded to both three-dimensional trademarks and sound marks. On the basis of referencing international laws and several countries and region’s practice of three-dimensional trademarks and sound marks, this article analyzes the provisions of Vietnamese law, especially the new provisions in the Law on amending and supplementing a number of provisions of the Law on Intellectual Property 2022 to propose recommendations to improve the law related to the protection of these two types of trademarks.
{"title":"Improving Intellectual Property Law in Relation to Three-Dimensional Trademarks and Sound Trademarks","authors":"Vu-thi Yen","doi":"10.25073/2588-1167/vnuls.4476","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4476","url":null,"abstract":"With the development of the economy, society, science – technique and media, the scope of marks that can be recognized as trademarks in commerce has been increasingly expanded to both three-dimensional trademarks and sound marks. On the basis of referencing international laws and several countries and region’s practice of three-dimensional trademarks and sound marks, this article analyzes the provisions of Vietnamese law, especially the new provisions in the Law on amending and supplementing a number of provisions of the Law on Intellectual Property 2022 to propose recommendations to improve the law related to the protection of these two types of trademarks. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"96 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":"122758526","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.4416
Ngo Trong Quan
Commitments on labor standards or trade and sustainable development recently emerge in new-generation free trade agreements (FTAs) of Vietnam including the CPTPP or EVFTA. Member states shall enforce their labor laws in a manner that does not interfere with free and fair trade and investment. This article analyzes the tribunals’ decisions in the only two disputes in the world to date arising from violations of labor commitments in FTAs, including disputes of the Dominican Republic - Central America - United States FTA (CAFTA-DR) and the EU-Korea FTA. On the basis of similar commitments of Vietnam, this article draws some lessons for better implementation of its FTAs’ labor commitments.
{"title":"Implementation of Labour Commitments in Vietnam’s New Generation Free Trade Agreements and Experience from International Disputes","authors":"Ngo Trong Quan","doi":"10.25073/2588-1167/vnuls.4416","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4416","url":null,"abstract":"Commitments on labor standards or trade and sustainable development recently emerge in new-generation free trade agreements (FTAs) of Vietnam including the CPTPP or EVFTA. Member states shall enforce their labor laws in a manner that does not interfere with free and fair trade and investment. This article analyzes the tribunals’ decisions in the only two disputes in the world to date arising from violations of labor commitments in FTAs, including disputes of the Dominican Republic - Central America - United States FTA (CAFTA-DR) and the EU-Korea FTA. On the basis of similar commitments of Vietnam, this article draws some lessons for better implementation of its FTAs’ labor commitments.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"38 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":"122265302","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.4482
N. B. Thảo
The Law on amending and supplementing a number of provisions of the Law on Intellectual Property, which was passed by the National Assembly on June 16, 2022, has marked a new development stage of Vietnam’s intellectual property law in the process of international integration with the incorporation of many commitments of Vietnam in the new-generation free trade agreements, including strong commitments on enforcement of intellectual property rights. This article analyzes the formulation and development of international standards on enforcement of intellectual property rights, focusing on the new provisions of new-generation free trade agreements on enforcement of intellectual property rights compared to those under the TRIPS Agreement of the World Trade Organization. From there, the article compares these international standards with the Law on amending and supplementing a number of provisions of the Law on Intellectual Property and makes recommendations to continue improving Vietnamese intellectual property law on enforcement of intellectual property rights.
{"title":"Improving the Provisions on Enforcement of Intellectual Property Rights in Order to Implement Vietnam’s Commitments in the New-Generation Free Trade Agreements","authors":"N. B. Thảo","doi":"10.25073/2588-1167/vnuls.4482","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4482","url":null,"abstract":"The Law on amending and supplementing a number of provisions of the Law on Intellectual Property, which was passed by the National Assembly on June 16, 2022, has marked a new development stage of Vietnam’s intellectual property law in the process of international integration with the incorporation of many commitments of Vietnam in the new-generation free trade agreements, including strong commitments on enforcement of intellectual property rights. This article analyzes the formulation and development of international standards on enforcement of intellectual property rights, focusing on the new provisions of new-generation free trade agreements on enforcement of intellectual property rights compared to those under the TRIPS Agreement of the World Trade Organization. From there, the article compares these international standards with the Law on amending and supplementing a number of provisions of the Law on Intellectual Property and makes recommendations to continue improving Vietnamese intellectual property law on enforcement of intellectual property rights.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"30 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":"127168705","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.4421
Le Kim Nguyet
With the process of international economic integration towards green growth and sustainable development in Vietnam, improving the legislation on environmental impact assessment plays an extremely important role. Environmental impact assessment activities have received more and more attention from the State, especially in the period of industrialization and modernization of the country. It can be seen that the legislation on environmental impact assessment in recent years has revealed many inadequacies in the process of law enforcement, and these are also the causes leading to the fact that many investment projects, when implemented in reality, do not meet the requirements for environmental protection, causing serious environmental pollution, greatly affecting public health, and sometimes getting out of control. In order to ensure socio-economic development without causing damage to the human living environment, Vietnam has been gradually approaching international experience in this field to gradually improve regulations on environmental impact assessment implementation process, environmental impact assessment scope definition, public consultation,... The Law on Environmental Protection 2020 consists of many new provisions which drastically reform the current environmental impact assessment process in Vietnam with the goal of improving the environment to ensure the public health and sustainable development.
{"title":"Comments on New Developments in the Law on Environmental Protection 2020 on Environmental Impact Assessment","authors":"Le Kim Nguyet","doi":"10.25073/2588-1167/vnuls.4421","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4421","url":null,"abstract":"With the process of international economic integration towards green growth and sustainable development in Vietnam, improving the legislation on environmental impact assessment plays an extremely important role. Environmental impact assessment activities have received more and more attention from the State, especially in the period of industrialization and modernization of the country. It can be seen that the legislation on environmental impact assessment in recent years has revealed many inadequacies in the process of law enforcement, and these are also the causes leading to the fact that many investment projects, when implemented in reality, do not meet the requirements for environmental protection, causing serious environmental pollution, greatly affecting public health, and sometimes getting out of control. In order to ensure socio-economic development without causing damage to the human living environment, Vietnam has been gradually approaching international experience in this field to gradually improve regulations on environmental impact assessment implementation process, environmental impact assessment scope definition, public consultation,... The Law on Environmental Protection 2020 consists of many new provisions which drastically reform the current environmental impact assessment process in Vietnam with the goal of improving the environment to ensure the public health and sustainable development.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"7 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132581380","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.4431
V. Giao, Nguyễn Thùy Dương
The article analyzes the concept, content, and importance of human rights education; the position of the United Nations in this regard; the current status of human rights education in Vietnam, with a focus on human rights education at the tertiary education level. The authors demonstrate that the promotion of human rights education in general, especially at the university level, is an urgent requirement in Vietnam today to implement the relevant resolutions of the United Nations General Assembly. According to the authors, to promote human rights education at the higher education level in Vietnam, it is necessary to set up separate human rights programs and integrate human rights into other relevant educational programs of all higher education institutions. Besides, it is necessary to improve professional capacity and teaching methods for lecturers as well as to upgrade literature resources for teaching and research on human rights.
{"title":"Human Rights Education at University Level: UN Position and Vietnamese Perspective","authors":"V. Giao, Nguyễn Thùy Dương","doi":"10.25073/2588-1167/vnuls.4431","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4431","url":null,"abstract":"The article analyzes the concept, content, and importance of human rights education; the position of the United Nations in this regard; the current status of human rights education in Vietnam, with a focus on human rights education at the tertiary education level. The authors demonstrate that the promotion of human rights education in general, especially at the university level, is an urgent requirement in Vietnam today to implement the relevant resolutions of the United Nations General Assembly. According to the authors, to promote human rights education at the higher education level in Vietnam, it is necessary to set up separate human rights programs and integrate human rights into other relevant educational programs of all higher education institutions. Besides, it is necessary to improve professional capacity and teaching methods for lecturers as well as to upgrade literature resources for teaching and research on human rights. ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"121 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":"115789993","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 : 2022-07-14DOI: 10.25073/2588-1167/vnuls.4444
Nguyen Trong Diep, Nguyen Tien Dat
The right of access to information is one of the human rights, recognized by all nations of the world, based on the legislative recognition of the freedom of information in Sweden since 1766. This human right establishes the people’s trust and determines the political stability of each nation. This paper presents some basic contents and analyses the theoretical, practical and legal basis to ensure the right to access information in the era of digital transformation in Vietnam.
{"title":"Tác động của Chính sách chuyển đổi số với bảo vệ quyền tiếp cận thông tin","authors":"Nguyen Trong Diep, Nguyen Tien Dat","doi":"10.25073/2588-1167/vnuls.4444","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4444","url":null,"abstract":"The right of access to information is one of the human rights, recognized by all nations of the world, based on the legislative recognition of the freedom of information in Sweden since 1766. This human right establishes the people’s trust and determines the political stability of each nation. This paper presents some basic contents and analyses the theoretical, practical and legal basis to ensure the right to access information in the era of digital transformation in Vietnam. ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"254 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132387855","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 : 2022-06-28DOI: 10.25073/2588-1167/vnuls.4389
Le Thi Kim Loan, Phan Trung Hien
In line with the process of integrating into the international economy, the country's economic development, improving competitiveness among businesses, mobilizing more capital, innovating management methods, technology, the Party and State have promulgated regulations on equitization of state-owned enterprises. In particular, the determination of the value of land use rights is considered a key issue deciding the process of equitization of state-owned enterprises. The 2013 Land Law stipulates that the determination of land prices for equitized enterprises is carried out according to the process of specific land prices. However, through practice, it can be seen that the determined land price has not yet shown its true value, has not been updated in time according to the market price. Through analyzing a number of limitations, inadequacies, and legal provisions in determining land prices when equitizing state-owned enterprises, this article proposes some solutions and recommendations to improve the land use value.
{"title":"Determination of Land Price in the Process of State Enterprise Equitization","authors":"Le Thi Kim Loan, Phan Trung Hien","doi":"10.25073/2588-1167/vnuls.4389","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4389","url":null,"abstract":"In line with the process of integrating into the international economy, the country's economic development, improving competitiveness among businesses, mobilizing more capital, innovating management methods, technology, the Party and State have promulgated regulations on equitization of state-owned enterprises. In particular, the determination of the value of land use rights is considered a key issue deciding the process of equitization of state-owned enterprises. The 2013 Land Law stipulates that the determination of land prices for equitized enterprises is carried out according to the process of specific land prices. However, through practice, it can be seen that the determined land price has not yet shown its true value, has not been updated in time according to the market price. Through analyzing a number of limitations, inadequacies, and legal provisions in determining land prices when equitizing state-owned enterprises, this article proposes some solutions and recommendations to improve the land use value.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"71 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120926665","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 : 2022-06-28DOI: 10.25073/2588-1167/vnuls.4454
N. P. Hoa
Although the Vietnam’s Criminal Code 2015 (amended in 2017) (“Criminal Code 2015) has come into force since January 1, 2018; the number of criminal cases against commercial legal persons is very limited. The major cause of this limitation originates from the absence of guidance on interpretation of these regulations as they are newly introduced in criminal law of Vietnam. Based on popular doctrines regarding criminal responsibility of legal persons and regulations of other states, the Author of this paper presents her own perspectives on how conditions for a commercial legal person to be criminally charged under Article 75 of the Criminal Code 2015 should be interpreted.
{"title":"A Scientific Understanding of Conditions for a Commercial Legal Entity to be Criminally Charged under the Current Criminal Code","authors":"N. P. Hoa","doi":"10.25073/2588-1167/vnuls.4454","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4454","url":null,"abstract":"Although the Vietnam’s Criminal Code 2015 (amended in 2017) (“Criminal Code 2015) has come into force since January 1, 2018; the number of criminal cases against commercial legal persons is very limited. The major cause of this limitation originates from the absence of guidance on interpretation of these regulations as they are newly introduced in criminal law of Vietnam. Based on popular doctrines regarding criminal responsibility of legal persons and regulations of other states, the Author of this paper presents her own perspectives on how conditions for a commercial legal person to be criminally charged under Article 75 of the Criminal Code 2015 should be interpreted.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123768002","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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