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Vietnamese Journal of Legal Sciences最新文献

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Legal Issues on Petrol and Oil Trading Activities – Experience from Singapore, China and Lessons for Vietnam 汽油和石油贸易活动的法律问题 - 新加坡和中国的经验及对越南的启示
Vietnamese Journal of Legal Sciences Pub Date : 2023-12-01 DOI: 10.2478/vjls-2023-0009
Nguyen Hoang Phuoc Hanh, Tang Thi Bich Diem
{"title":"Legal Issues on Petrol and Oil Trading Activities – Experience from Singapore, China and Lessons for Vietnam","authors":"Nguyen Hoang Phuoc Hanh, Tang Thi Bich Diem","doi":"10.2478/vjls-2023-0009","DOIUrl":"https://doi.org/10.2478/vjls-2023-0009","url":null,"abstract":"Abstract With the ultimate aim of ensuring national energy security, Vietnam government issued Decree No. 83/2014/ND-CP dated September 3th, 2014 regulating petrolium and oil trading which later was amended by Decree No. 95/2021/ND-CP. The implementation of various decrees has significantly transformed the domestic petroleum market, enabling petrol and oil businesses to operate largely on market mechanisms under state oversight, with domestic gasoline prices flexibly and promptly adjusted in line with global trends as per government directives and legal provisions. The Ministry of Industry and Trade is presently seeking feedback on the draft Decree that proposes amendments and supplements to several articles of Decree No. 83/2014/ND-CP and Decree No. 95/2021/ND-CP. In this context, the authors concentrate on evaluating certain deficiencies in petrol trading activities highlighted in the Draft Decree, encompassing aspects like petrol and oil trading entities, retail pricing, and the petrol stabilization fund. Additionally, a comparative analysis with the regulatory frameworks of Singapore and China on these issues is conducted, aiming to offer suggestions for enhancements in Vietnam’s approach.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"14 2","pages":"51 - 73"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139189705","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}
引用次数: 0
When Haste Makes Waste: Fair And Equitable Treatment Violations In Canada’s Feed-In Tariff Program Implementation And Lessons For Vietnam 匆忙造成浪费：加拿大上网电价计划实施过程中的公平与公正待遇违规行为及对越南的启示
Vietnamese Journal of Legal Sciences Pub Date : 2023-12-01 DOI: 10.2478/vjls-2023-0008
Nguyen Xuan My Hien
{"title":"When Haste Makes Waste: Fair And Equitable Treatment Violations In Canada’s Feed-In Tariff Program Implementation And Lessons For Vietnam","authors":"Nguyen Xuan My Hien","doi":"10.2478/vjls-2023-0008","DOIUrl":"https://doi.org/10.2478/vjls-2023-0008","url":null,"abstract":"Abstract Efforts to promote renewable energy investment as a key strategy against environmental issues from fossil fuels have raised legal and financial challenges. Governments, adopting policies like feed-in tariffs (FiT), initially attracted foreign investment but later faced resource wastage issues. Canada’s experience with FiT programs has led to investor-State disputes, underscoring the risks of not meeting the Fair and Equitable Treatment (FET) standard under the North American Free Trade Agreement (NAFTA). This article aims to provide recommendations to mitigate the risks of government’s policies that may lead to substantial legal disputes and hinder sustainable energy development. It delves into analyzing FET standards from arbitral practices in enforcing FiT programs, drawing lessons from Canada’s experiences to offer implications for Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"13 1","pages":"27 - 50"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139187783","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}
引用次数: 0
Legal Strategies and Challenges in Climate Change Mitigation in Vietnam: The Role of Non-Contractual Damages Compensation 越南减缓气候变化的法律战略与挑战：非合同损害赔偿的作用
Vietnamese Journal of Legal Sciences Pub Date : 2023-12-01 DOI: 10.2478/vjls-2023-0010
Nguyen Phuc Thien
{"title":"Legal Strategies and Challenges in Climate Change Mitigation in Vietnam: The Role of Non-Contractual Damages Compensation","authors":"Nguyen Phuc Thien","doi":"10.2478/vjls-2023-0010","DOIUrl":"https://doi.org/10.2478/vjls-2023-0010","url":null,"abstract":"Abstract Vietnam is exploring numerous strategies to combat climate change, with a growing emphasis on enhancing national legal provisions, particularly those related to non-contractual environmental damage compensation. However, it is a matter of debate whether Vietnam’s current regulations on non-contractual damages effectively contribute to climate change mitigation. This article highlights both the impact and limitations of existing laws concerning environmental non-contractual damages. It argues for a legal approach that prioritizes preventing wrongful environmental acts over merely addressing their consequences. This article is structured into four parts: (i) An overview of climate change in Vietnam; (ii) Comparative analysis of non-contractual compensation for climate-related damages across various jurisdictions, (iii) An examination of Vietnam’s legal framework for non-contractual compensation due to environmental pollution; and (iv) Conclusions and recommendations.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"9 3-4","pages":"74 - 89"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139188711","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}
引用次数: 0
International Law Protection in Cyberspace Against Ransomware and Experience of Vietnam 针对勒索软件的网络空间国际法保护及越南的经验
Vietnamese Journal of Legal Sciences Pub Date : 2023-12-01 DOI: 10.2478/vjls-2023-0007
Mac Trang Anh
{"title":"International Law Protection in Cyberspace Against Ransomware and Experience of Vietnam","authors":"Mac Trang Anh","doi":"10.2478/vjls-2023-0007","DOIUrl":"https://doi.org/10.2478/vjls-2023-0007","url":null,"abstract":"Abstract Amongst various cyberattacks, ransomware adversely affects the business operation as the malware locks the computer or data, and menaces to keep it locked unless a ransom is transferred. In a young tech market like Vietnam, cyberattacks, including ransomware, cause serious concerns for State and non-State actors. They can take place anywhere since cyberspace has no physical border to hold them back. This raises a query about the application of international law in cyberspace, especially when the ransomware hits non-State actors. In such cases, the sovereignty principle, having a significant relation with the jurisdiction, underpins the intervention of national authorities and regulation of ransomware. Vietnam’s government has intensified their efforts to stop the cyberattacks by cooperating with other countries and establishing a legal framework based on the international law principle.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"7 10","pages":"1 - 26"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139188882","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}
引用次数: 0
Unveiling Shadows: Jus Cogens Imperative to Criminalize Enforced Disappearances in Pakistan 揭开阴影：巴基斯坦将强迫失踪定为刑事犯罪的强制法必要性
Vietnamese Journal of Legal Sciences Pub Date : 2023-12-01 DOI: 10.2478/vjls-2023-0011
Muhammad Imran Ali
{"title":"Unveiling Shadows: Jus Cogens Imperative to Criminalize Enforced Disappearances in Pakistan","authors":"Muhammad Imran Ali","doi":"10.2478/vjls-2023-0011","DOIUrl":"https://doi.org/10.2478/vjls-2023-0011","url":null,"abstract":"Abstract The United Nations, aiming to eradicate enforced disappearance, introduced the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), mandating signatory States to take preventive actions. Enforced disappearance is also deemed a crime against humanity under other international treaties. However, Pakistan has not ratified the ICPAPED, and its national laws lack specific provisions criminalizing enforced disappearance. Additionally, Pakistan is involved in various international treaties that uphold jus cogens, a fundamental principle of international law considered non-derogable. Given this context, the article highlights the misalignment of Pakistan’s national laws with the principles of jus cogens and underscores the urgent need for Pakistan to enact specific legislation that criminalizes enforced disappearances in line with international standards.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"17 1","pages":"90 - 114"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139189968","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}
引用次数: 0
The Use of Artificial Intelligence in Criminal Investigation and Trials in Europe and Some Countries: Experience for Vietnam 欧洲和一些国家在刑事侦查和审判中使用人工智能:越南的经验
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0003
Nguyen Phuong Thao
{"title":"The Use of Artificial Intelligence in Criminal Investigation and Trials in Europe and Some Countries: Experience for Vietnam","authors":"Nguyen Phuong Thao","doi":"10.2478/vjls-2023-0003","DOIUrl":"https://doi.org/10.2478/vjls-2023-0003","url":null,"abstract":"Abstract Applying artificial intelligence (AI) is a modern and effective way to solve criminal case. However, this is a relatively new issue and has not been researched and applied thoroughly. Therefore, being fully aware of the nature of artificial intelligence, ensuring the basic principles, and using them in criminal justice will create the basis for the effects applied by law enforcement in practice. This article presents an overview of artificial intelligence and its relationship with criminal justice; the ability to apply artificial intelligence in solving criminal cases; Vietnam’s policies and challenges on research, development, and application of artificial intelligence. From there, the author proposes some recommendations to enhance the efficiency of criminal cases resolution based on ensuring the basic rights of the accused.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117325016","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}
引用次数: 0
Fault is Not a Condition for Determination of Liability for Non-Contractual Damage -A Development in Human Rights Protection in Vietnam 过错不是判定非契约性损害责任的条件——越南人权保护的发展
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0005
Le Truong Son, Nguyen Xuan Quang
{"title":"Fault is Not a Condition for Determination of Liability for Non-Contractual Damage -A Development in Human Rights Protection in Vietnam","authors":"Le Truong Son, Nguyen Xuan Quang","doi":"10.2478/vjls-2023-0005","DOIUrl":"https://doi.org/10.2478/vjls-2023-0005","url":null,"abstract":"Abstract Liability to compensate for non-contractual damage is an important regulation in the Civil Code. Vietnam has developed and promulgated the law on compensation for damage to quickly and promptly remedy damage to the aggrieved subject. One of the factors is that the 2015 Civil Code does not stipulate that fault is a condition giving rise to compensation liability, thereby thoroughly protecting human rights, the rights of individuals and organizations in civil relations in Vietnam. This article analyzes the above issue.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124619344","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}
引用次数: 0
Life Imprisonment in Canada: Is the “Hope” Lost? 加拿大的终身监禁:“希望”消失了吗?
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0004
S. Lafrance
{"title":"Life Imprisonment in Canada: Is the “Hope” Lost?","authors":"S. Lafrance","doi":"10.2478/vjls-2023-0004","DOIUrl":"https://doi.org/10.2478/vjls-2023-0004","url":null,"abstract":"Abstract Life imprisonment has divergent meanings in various countries. With a focus on the issues related to life imprisonment in Canada, more specifically regarding the issue of the ‘hope to be released’ for the individuals serving a life sentence, the author assesses the legislation and some relevant, positive and negative, jurisprudential developments pertaining to life imprisonment in that context from a few countries, including Vietnam. The positive evolution that the Canadian jurisprudence witnessed in 2022 with respect to the eligibility for release of detainees serving a lifelong sentence could make Canada an interesting case study for Vietnam. This paper mainly relies on legal doctrinal research and comparative law by way of referring to the legislation and caselaw of a few different national jurisdictions for its analysis.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129116976","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}
引用次数: 0
Artificial Intelligence and Inventorship Under the Patent Law Regime: Practical Development from Common Law Jurisdictions 专利法制度下的人工智能与发明:来自普通法管辖区的实践发展
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0002
Ngo Kim Hoang Nguyen, Doan Hong Quan
{"title":"Artificial Intelligence and Inventorship Under the Patent Law Regime: Practical Development from Common Law Jurisdictions","authors":"Ngo Kim Hoang Nguyen, Doan Hong Quan","doi":"10.2478/vjls-2023-0002","DOIUrl":"https://doi.org/10.2478/vjls-2023-0002","url":null,"abstract":"Abstract Artificial intelligence (AI) is gradually becoming not only an emerging technology in the development policies and strategies for the national economy but also a significant challenge posed to various issues of law, including the patent law. Alongside the Industrial Revolution 4.0, the rapid technological and scientific advancement has enabled AI to approach the level of natural intelligence of humans or more. Noswadays, the development of technology has been demonstrated that AI is likely to autonomously generate inventions. In light of the fact that the identification of the inventor impacts the patentability of AI-generated inventions, this poses a new challenge regarding the inventorship of AI, with the most confusing question being whether AI should be recognized as an inventor. This article provides an overview of AI and patentability challenges to clarify the fundamental understanding of AI and material concerns regarding AI-generated inventions. Simultaneously, the authors examine the laws and practices in selected countries to provide the viewpoints of competent authorities on patent protection for AI-generated inventions and the inventorship of AI. Finally, the authors conclude with a discussion of the recognition of AI inventorship, patent protection for AI-generated inventions, an evaluation of the recognizability of Vietnamese patent law, and a call for further research on relevant matters.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114433443","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}
引用次数: 0
AI Implementation in ODR: A Game-Changer or a Troublemaker of Data Protection ODR中的AI实现:改变游戏规则还是数据保护的麻烦制造者
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0001
Ngo Nguyen Thao Vy
{"title":"AI Implementation in ODR: A Game-Changer or a Troublemaker of Data Protection","authors":"Ngo Nguyen Thao Vy","doi":"10.2478/vjls-2023-0001","DOIUrl":"https://doi.org/10.2478/vjls-2023-0001","url":null,"abstract":"Abstract Artificial intelligence (AI) possesses the capability not only to accelerate the dispute resolution process but also to promote early settlements by improving predictability and reducing risk. However, concerns have emerged regarding the impact of AI on the decision-making process, the transparency and control of arbitral data and algorithms, as well as the possible risks to confidentiality and personal data protection, especially in arbitration process. This article explores the difficulties in achieving a balance between the necessity for efficient AI-powered dispute resolution and the imperative to safeguard personal data and adhere to economics, arbitration law and personal data protection law. The challenge is particularly pronounced in Vietnam, where the legal framework for cybersecurity and personal data protection is still evolving.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129289706","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}
引用次数: 1
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