Pub Date : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4338
P. Nguyen
Business environment improvement in support for the development of enterprises (such as innovative startups particularly) has attracted attention in Vietnam. Patent is a tool, important asset which is crucial for the success of innovative startups. However, one of the big hurdles for the commercialization of intellectual assets for enterprises in Vietnam is the administrative procedure for the registration of patent licensing/assignment agreements. The paper analyses difficulties and hurdles for business environment as a result of the required legally registration for patent licensing/assignment agreements, then recommend the solutions for relieve this hurdle.
{"title":"Removing Legal Hurdles in Registration of Contracts for the Transfer of Patent Rights to Foster Innovation","authors":"P. Nguyen","doi":"10.25073/2588-1167/vnuls.4338","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4338","url":null,"abstract":"Business environment improvement in support for the development of enterprises (such as innovative startups particularly) has attracted attention in Vietnam. Patent is a tool, important asset which is crucial for the success of innovative startups. However, one of the big hurdles for the commercialization of intellectual assets for enterprises in Vietnam is the administrative procedure for the registration of patent licensing/assignment agreements. The paper analyses difficulties and hurdles for business environment as a result of the required legally registration for patent licensing/assignment agreements, then recommend the solutions for relieve this hurdle. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126192147","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4380
Do Giang Nam, Dao Trong Khoi
From the perspective of comparative property law, the article examines the precedents and official legal views on "virtual currencies" in countries representing both Common Law tradition (England, the United States) and Civil Law tradition (Pandectists/Germantic school including German, Japan, the Netherlands and Romanistic school including France) to identify the legal nature of “virtual currencies”. It concludes that although it is still controversial to classify “virtual currencies” into the available classes of property, most of these countries recognise “virtual currencies” as property and proceed to regulate them effectively. However, “virtual currency” should be considered a “non-traditional” property - a crypto asset created by a combination of blockchain technology and cryptographic techniques aimed at ensuring authenticity in confirming certain rights and interests of a legal subject. In the future, traditional concepts and principles of property law also need to be modernised to meet the requirements of diversifying new forms of non-traditional property in the era of the Fourth Industrial Revolution.
{"title":"Further Discourses on the Legal Nature of “Virtual Currency” Under Comparative Property Law","authors":"Do Giang Nam, Dao Trong Khoi","doi":"10.25073/2588-1167/vnuls.4380","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4380","url":null,"abstract":"From the perspective of comparative property law, the article examines the precedents and official legal views on \"virtual currencies\" in countries representing both Common Law tradition (England, the United States) and Civil Law tradition (Pandectists/Germantic school including German, Japan, the Netherlands and Romanistic school including France) to identify the legal nature of “virtual currencies”. It concludes that although it is still controversial to classify “virtual currencies” into the available classes of property, most of these countries recognise “virtual currencies” as property and proceed to regulate them effectively. However, “virtual currency” should be considered a “non-traditional” property - a crypto asset created by a combination of blockchain technology and cryptographic techniques aimed at ensuring authenticity in confirming certain rights and interests of a legal subject. In the future, traditional concepts and principles of property law also need to be modernised to meet the requirements of diversifying new forms of non-traditional property in the era of the Fourth Industrial Revolution. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128569772","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4358
Nguyễn Thị Phương Châm
The peaceful use of nuclear energy plays an important role in the development of manufacturing industry and becomes an indispensable need. However, along with the development of science and technology, there are always potential risks of accidents. Therefore, the legal mechanism in the event of an accident resulting in damage is always set as an indispensable premise before putting nuclear energy into application. By reviewing compensation for damage caused by nuclear energy from a comparative legal perspective, this article analyses the legal structure, basic principles and the mechanism of Vietnamese compensation law damage caused by nuclear energy.
{"title":"Compensation for Damage Caused by Nuclear Energy from of Comparative Law Perspectives and Recommendations for Vietnam","authors":"Nguyễn Thị Phương Châm","doi":"10.25073/2588-1167/vnuls.4358","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4358","url":null,"abstract":"The peaceful use of nuclear energy plays an important role in the development of manufacturing industry and becomes an indispensable need. However, along with the development of science and technology, there are always potential risks of accidents. Therefore, the legal mechanism in the event of an accident resulting in damage is always set as an indispensable premise before putting nuclear energy into application. By reviewing compensation for damage caused by nuclear energy from a comparative legal perspective, this article analyses the legal structure, basic principles and the mechanism of Vietnamese compensation law damage caused by nuclear energy. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121212099","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4378
Nguyen Luong Sy
Databases under the Berne Convention 1886, the TRIPS Agreement 1994 and the WIPO Copyright Treaty 1996 are copyrighted as “compilations”. The EU has initiated the establishment of sui generis database right of Intellectual Property protection. Meanwhile, the United States refuses to apply the same system. This article addresses the question: What lessons for Vietnam to build an appropriate mechanism for such valuable assets of the digital era as databases?
{"title":"From “Compilations” to “Sui Generis Right”: Which Approach to Digital Database Protection?","authors":"Nguyen Luong Sy","doi":"10.25073/2588-1167/vnuls.4378","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4378","url":null,"abstract":"Databases under the Berne Convention 1886, the TRIPS Agreement 1994 and the WIPO Copyright Treaty 1996 are copyrighted as “compilations”. The EU has initiated the establishment of sui generis database right of Intellectual Property protection. Meanwhile, the United States refuses to apply the same system. This article addresses the question: What lessons for Vietnam to build an appropriate mechanism for such valuable assets of the digital era as databases? \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"216 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121944321","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 : 2021-12-10DOI: 10.25073/2588-1167/vnuls.4405
Phan Hai Ho
Over the past time, the legal documents on epidemic prevention and control in Vietnam has been built, gradually improved and achieved many positive results. However, the provisions of the law and the method of applying the law on epidemic prevention and control still have many limitations, contradictions and inadequacies. This reality has caused many consequences for society and the practical effect of the law has not met expectations. This article analyses and evaluates the above limitations, contradictions and inadequacies of the legal documents on epidemic prevention and control, then it proposes solutions to improve the relevant legislation and legal documents in the coming time.
{"title":"Improving Legal Documents on Epidemic Prevention and Control in Vietnam","authors":"Phan Hai Ho","doi":"10.25073/2588-1167/vnuls.4405","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4405","url":null,"abstract":"Over the past time, the legal documents on epidemic prevention and control in Vietnam has been built, gradually improved and achieved many positive results. However, the provisions of the law and the method of applying the law on epidemic prevention and control still have many limitations, contradictions and inadequacies. This reality has caused many consequences for society and the practical effect of the law has not met expectations. This article analyses and evaluates the above limitations, contradictions and inadequacies of the legal documents on epidemic prevention and control, then it proposes solutions to improve the relevant legislation and legal documents in the coming time. \u0000 \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123971138","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 : 2021-11-24DOI: 10.25073/2588-1167/vnuls.4391
Nguyen Le Thu
In addition to Trade Union, from 1st January 2021, employees in Vietnam are entitled to establish and join worker representative organizations in enterprises. This is one of the new legislative developments that lack clarifying regulations . In this context, the International Labor Organization (ILO) published a Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, based on about 200 cases presented to this organization. Therefore, the research on this vital document might provide Vietnam with the opinions of international experts and practical experiences from many countries worldwide on the concerned issue for further developing regulations on freedom of association. As this is a big topic, this article only focuses on international standards on establishing worker representative organization, then comparing them with Vietnamese regulations to find out the gaps to be supplemented.
{"title":"Legal Recommendations on the Establishment of Worker Representative Organization in Enterprise in Accordance with International Standards","authors":"Nguyen Le Thu","doi":"10.25073/2588-1167/vnuls.4391","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4391","url":null,"abstract":"In addition to Trade Union, from 1st January 2021, employees in Vietnam are entitled to establish and join worker representative organizations in enterprises. This is one of the new legislative developments that lack clarifying regulations . In this context, the International Labor Organization (ILO) published a Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, based on about 200 cases presented to this organization. Therefore, the research on this vital document might provide Vietnam with the opinions of international experts and practical experiences from many countries worldwide on the concerned issue for further developing regulations on freedom of association. As this is a big topic, this article only focuses on international standards on establishing worker representative organization, then comparing them with Vietnamese regulations to find out the gaps to be supplemented.","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130421003","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 : 2021-09-26DOI: 10.25073/2588-1167/vnuls.4381
Vu Le Hai Giang
Abstract: Recall of National Assembly deputies is an effective way to strengthen the relationship between National Assembly deputies and voters, ensuring that deputies identify themselves with and are accountable to the people who are represented by them; thereby helps promoting the trust of the people to the elected deputies as well as developing representative democracy. A study on the procedure of recall of members of the parliaments in the world will suggest some experiences for a similar procedure in Vietnam. For this purpose, this article presents an overview of the procedure of recall of elected representatives in parliaments around the world, and focuses on considering the Recall of MPs Act 2015 of the United Kingdom. Then, the article offers some experiences for the procedure of recall National Assembly representatives in Vietnam. Keywords: Recall of representatives, National Assembly, recall of MPs, UK Parliament.
{"title":"Legislation on Recall of Members of Parliament in The United Kingdom and Experiences for Vietnam","authors":"Vu Le Hai Giang","doi":"10.25073/2588-1167/vnuls.4381","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4381","url":null,"abstract":"Abstract: Recall of National Assembly deputies is an effective way to strengthen the relationship between National Assembly deputies and voters, ensuring that deputies identify themselves with and are accountable to the people who are represented by them; thereby helps promoting the trust of the people to the elected deputies as well as developing representative democracy. A study on the procedure of recall of members of the parliaments in the world will suggest some experiences for a similar procedure in Vietnam. For this purpose, this article presents an overview of the procedure of recall of elected representatives in parliaments around the world, and focuses on considering the Recall of MPs Act 2015 of the United Kingdom. Then, the article offers some experiences for the procedure of recall National Assembly representatives in Vietnam. \u0000Keywords: Recall of representatives, National Assembly, recall of MPs, UK Parliament. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131585641","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 : 2021-09-26DOI: 10.25073/2588-1167/vnuls.4353
Nguyen Dang Dung, V. Giao
In recent years, Singapore has been considered as a rare phenomenon that represents the success of the fight against corruption and the development of the nation in Asia. The article analyzes the characteristics, achievements and limitations of anti-corruption activities in Singapore, and thereby suggests experiences for other countries. Keywords: Singapore; anti-corruption in Singapore; experience in anti-corruption.
{"title":"Anti-corruption in Singapore and Experiences for Other Countries","authors":"Nguyen Dang Dung, V. Giao","doi":"10.25073/2588-1167/vnuls.4353","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4353","url":null,"abstract":"In recent years, Singapore has been considered as a rare phenomenon that represents the success of the fight against corruption and the development of the nation in Asia. The article analyzes the characteristics, achievements and limitations of anti-corruption activities in Singapore, and thereby suggests experiences for other countries. \u0000Keywords: Singapore; anti-corruption in Singapore; experience in anti-corruption. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125577386","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 : 2021-09-26DOI: 10.25073/2588-1167/vnuls.4332
N. Duc
30 years since the inception of the United Nations Convention on the Rights of the Child of 1989, the understanding of the international community towards the legal status of children has witnessed many profound changes. One of the Convention’s great achievements is to bring about a uniform concept of the child. The article throws some light on legal aspects of this definition under the Convention. Against that backdrop, it will analyze, compare and evaluate the compatibility of Vietnam’s laws relating to children’s rights. Keywords: Children; childhood; children’s rights; the U.N. Convention on the Rights of the Child.
{"title":"A Comparative Study of the Concept of the Child in the UN Convention on the Rights of the Child 1989 and Vietnamese Law","authors":"N. Duc","doi":"10.25073/2588-1167/vnuls.4332","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4332","url":null,"abstract":"30 years since the inception of the United Nations Convention on the Rights of the Child of 1989, the understanding of the international community towards the legal status of children has witnessed many profound changes. One of the Convention’s great achievements is to bring about a uniform concept of the child. The article throws some light on legal aspects of this definition under the Convention. Against that backdrop, it will analyze, compare and evaluate the compatibility of Vietnam’s laws relating to children’s rights. \u0000Keywords: Children; childhood; children’s rights; the U.N. Convention on the Rights of the Child. \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114303419","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 : 2021-09-26DOI: 10.25073/2588-1167/vnuls.4385
Trinh Quoc Toan
This article presents a new research on a number of issues concerning corporate criminal liability from comparative law perspective in the criminal law of Algeria, Morocco and Vietnam, such as: History; legal persons are the subject of offences and the subject of criminal liability; scope of corporate criminal offences; elements of corporate criminal law; principles of attributing criminal liability to juridical persons, types of penalties and judicial/security measures applied to juridical persons committing crimes. On the premise of comparative law research, the article draws some conclusions and proposes recommendations to improve the provisions on corporate criminal liabililty in the current Penal Code of Vietnam. Keywords: Criminal liability of legal entities, comparison of Criminal Laws of Algeria, Morocco, Vietnam, penalties for legal entities committing crimes.
{"title":"A Comparative Study of Provisions on Criminal Liability of Legal Entities in the Criminal Law of Algeria, Morocco and Vietnam","authors":"Trinh Quoc Toan","doi":"10.25073/2588-1167/vnuls.4385","DOIUrl":"https://doi.org/10.25073/2588-1167/vnuls.4385","url":null,"abstract":"This article presents a new research on a number of issues concerning corporate criminal liability from comparative law perspective in the criminal law of Algeria, Morocco and Vietnam, such as: History; legal persons are the subject of offences and the subject of criminal liability; scope of corporate criminal offences; elements of corporate criminal law; principles of attributing criminal liability to juridical persons, types of penalties and judicial/security measures applied to juridical persons committing crimes. On the premise of comparative law research, the article draws some conclusions and proposes recommendations to improve the provisions on corporate criminal liabililty in the current Penal Code of Vietnam. \u0000Keywords: Criminal liability of legal entities, comparison of Criminal Laws of Algeria, Morocco, Vietnam, penalties for legal entities committing crimes. \u0000 \u0000 \u0000 ","PeriodicalId":265618,"journal":{"name":"VNU Journal of Science: Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116719778","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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