Vietnamese Journal of Legal Sciences最新文献

{"title":"Real Property in Chinese Civil Law – The Process of Developing Property Legislation","authors":"L. Mai","doi":"10.2478/vjls-2022-0005","DOIUrl":"https://doi.org/10.2478/vjls-2022-0005","url":null,"abstract":"Abstract January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116101768","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}

{"title":"Developing an Online Consumer Dispute Resolution Platform in the Field of E-Commerce in Vietnam: Lessons from the European Union","authors":"T. V. Dung, Lea Leveau, Khuu Hong Linh","doi":"10.2478/vjls-2021-0013","DOIUrl":"https://doi.org/10.2478/vjls-2021-0013","url":null,"abstract":"Abstract In recent decades, e-commerce has gradually become a thriving industry that generated a huge profit and enhanced the life quality of nations around the world, including Vietnam. Nevertheless, the development of the Vietnamese e-commerce industry has also engendered a handful of consumer disputes that could not be easily resolved through traditional, face-to-face dispute resolution methods. A consumer redress system that addresses e-commerce transactions is essential to the continued success and growth of e-commerce. In this paper, we argue that traditional domestic judicial mechanisms for legal recourse do not adequately satisfy the needs of consumers or vendors and propose an online dispute resolution (ODR) system as a more reasonable, efficient and fair alternative. The ODR system will provide a forum in the same virtual marketplace environment in which consumers purchase their goods or services, allowing broad accessibility, as well as swift and affordable recourse for the parties involved. This paper will more specifically discuss the EU experience in promoting the ODR system for consumer e-commerce disputes, which can serve as a reference for the policy makers in establishing the legal framework for ODR in Vietnam. In addition, this paper also suggests a specific set of guidelines for the essential attributes that must be present in the Vietnamese consumer ODR platform.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122014807","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}

{"title":"The Juvenile Justice Law in India: Are you Old Enough to Commit a Crime?","authors":"Shruti Bedi","doi":"10.2478/vjls-2021-0012","DOIUrl":"https://doi.org/10.2478/vjls-2021-0012","url":null,"abstract":"Abstract Juvenile justice is a designated area of criminal law that is applicable to persons who are not old enough to be held responsible for criminal acts. One of the most difficult areas of criminal justice has been to provide a clear legal framework dealing with the transition from childhood to adulthood. Countries distinguish between the definition of a ‘child’ and an ‘adult’ in different ways with diverse factors being taken into consideration. The Indian Parliament has introduced the Juvenile Justice (Care and Protection) Act, 2015 which has brought in some controversial changes, one of them being that the 16 to 18 years age group are now tried as adults in certain circumstances. This paper seeks to address the anomalies in the language of the provisions providing for such transfer of children to the adult system in India and the consequent lack of a consistent law on the differential treatment of juvenile offenders. This discussion would facilitate a critical analysis and positive change in the juvenile justice systems of other countries including Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128703849","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}

{"title":"Sentencing Youth in Canada: A Suitable Balanced Approach for Vietnam or Falling from Charybdis to Scylla?","authors":"S. Lafrance","doi":"10.2478/vjls-2021-0011","DOIUrl":"https://doi.org/10.2478/vjls-2021-0011","url":null,"abstract":"Abstract This paper examines the sentencing regime that applies to the youth in Canada. The origins, history, evolution and challenges that faced this sentencing regime are reviewed. Its comparison with its Vietnamese counterpart allows the author to identify specific elements that could perhaps be improved in Vietnam not forgetting the many relevant differences that exist between the Canadian and Vietnamese criminal law systems. The author submits that the Canadian experience regarding youth sentencing should be considered as a good example for Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125454540","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}

{"title":"Loopholes in Forestland Conversion Policy and Traditional Consumption of Endangered Timber as Driving Factors of Illegal Logging – The Case in Vietnam","authors":"Cao Ngoc Anh","doi":"10.2478/vjls-2021-0016","DOIUrl":"https://doi.org/10.2478/vjls-2021-0016","url":null,"abstract":"Abstract It is observed worldwide that forestland conversion policies have created serious loopholes enabling illegal logging, especially large-scale illegal logging. Research has also addressed the crime’s various driving factors but little attention has been paid to cultural facets. By conducting secondary data analysis and examining numerous reports, legal documents and newspapers articles, this paper examines two factors driving illegal logging in Vietnam: loopholes in forestland conversion policies, and traditional consumption of rare and endangered timber. It is revealed in this paper that commercial companies or timber barons have sophisticatedly abused forestland conversion policies and flouted relevant legal requirements to harvest large volumes of timber. It also documented that one of the key factors driving illegal logging in Vietnam is the traditional consumption of rare and endangered timber. The consumers are rich Vietnamese who are passionate about products made from endangered timber and are willing to pay enormous amounts of money to purchase these products.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127544498","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}

{"title":"Victim’s Participation in Adversary Procedure of the Russian Federation’s Criminal Procedure Code and Lessons for Vietnam","authors":"Tran Thi Kim Chi","doi":"10.2478/vjls-2021-0015","DOIUrl":"https://doi.org/10.2478/vjls-2021-0015","url":null,"abstract":"Abstract Some countries that mainly follow the inquisitorial system, such as Russia, France, and Vietnam, tend to absorb some features of the adversarial system. Using the Russian Federation as an example, this article raises questions including: How will the acquisition of adversarial elements affect the position, role, rights and obligations of the victim? Is the victim an independent party to participate in the adversary procedure? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages? In Vietnam, with the limitation of the victim to participate actively in the adversary procedure, it will be difficult for the victim to protect his or her legitimate rights and interests in the criminal proceedings. He/ she participates in the proceedings passively with the same role as witnesses. This article explores the role and position of the victim in the adversary procedure of the Russian Federation. While analyzing the rights and obligations of the victim in the adversary procedure, we found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary procedure as an independent party. The article discusses the significance of this study and proposes approaches to improve the victim’s participation in adversary procedure in Vietnam’s criminal justice system.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"63 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131542729","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}

{"title":"Emergency Arbitrator – An Efficient Mechanism for Commercial Arbitration Development?","authors":"Huynh Quang Thuan","doi":"10.2478/vjls-2021-0014","DOIUrl":"https://doi.org/10.2478/vjls-2021-0014","url":null,"abstract":"Abstract The emergency arbitrator mechanism, despite its recent establishment, has made certain contributions to the development of international commerical arbitration. However, this mechanism has not been recognized and recorded in the national arbitration laws as well as the rules of procedure of arbitration institutions in Vietnam. In this article, the author aims to describe the operating mechanism and to discuss the benefits and limitations of the emergency arbitrator mechanism. Accordingly, the author will draw some conclusions regarding the recognition of this mechanism into Vietnam arbitration laws with the goal of developing the commercial arbitration arena in Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"639 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116085375","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}

{"title":"Analysis of the Recent Commercial Arbitration Development Plan of the Korean Government – Some Suggestions for Vietnam’s Arbitration Law and Policy","authors":"Son Pan Do, Tran Minh Quy","doi":"10.2478/vjls-2021-0009","DOIUrl":"https://doi.org/10.2478/vjls-2021-0009","url":null,"abstract":"Abstract The settlement of commercial disputes by commercial arbitration is gradually becoming popular in the business community. In the course of economic integration, Vietnam has acknowledged the role of arbitration and attempted to develop its arbitration legal framework in compliance with international practices. However, Vietnam’s arbitration system still faces various issues and thus, has required further reform. There are often cancellations of the referee’s decision, the procedure to cancel the award often lacks clarity, and the venue for the arbitration center’s dispute to be resolved is limited. In addition, the management, quality assessment and training of arbitrators is one of Vietnam’s problems. In Asia, Korea is known as one of the most pro-arbitration jurisdictions in the region. Since the adoption of the Arbitration Act in 1966 that governs both domestic and international proceedings, the Korean arbitration legal framework has always been kept consistent with generally accepted international practices. Recently, the Korean government has introduced an action plan to further promote the robust development of the commercial arbitration industry over the five-year period, from 2019 to 2023, and the goal is to turn Korea into one of five countries that have the world’s best arbitration system. Given the close cultural background and integration strategy of Vietnam and Korea, it is believed that the Korean experience can serve as a good reference for Vietnam in developing commercial arbitration law and policy. This paper begins with analyzing the background of the Vietnamese arbitration system and highlighting some limitations of Vietnamese arbitration. It then switches to the Korean arbitration system and development plan on promotion of dispute settlement by arbitration. The paper focuses on analyzing four main strategies that would: (1) strengthen the foundation of the arbitration industry; (2) activate domestic arbitration; (3) secure competitiveness in the arbitration industry; (4) expand the attraction of international arbitration. The Korean action plan can suggest some interesting strategies for Vietnam to further strengthen its commercial arbitration system.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121113356","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}

{"title":"Big Pharma and Investment Arbitration","authors":"S. Manciaux","doi":"10.2478/vjls-2021-0010","DOIUrl":"https://doi.org/10.2478/vjls-2021-0010","url":null,"abstract":"Abstract Investment Arbitration in the pharmaceutical sector raises some specificities. Regarding jurisdiction of arbitral tribunals, it is questionable whether the registration of a patent abroad or a patent license granted to a foreign partner constitutes an investment. Similarly, as health products are not ordinary goods, arguments according to which marketing authorizations or monopolies granted constitute an investment are real issues. On the merits, the invalidation of a patent, the refusal or withdrawal of a marketing authorization or the decision of a state authority to end a monopoly can be analyzed as a violation of some of the commitments made by States in the treaties they conclude. The aim of this study is to address these questions thanks to the awards already rendered, making it a useful tool for countries -like Vietnam- that wish to develop their pharmaceutical sector by attracting foreign investors.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130946827","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}

{"title":"Constitutional Theories of Emergency Powers and their Limits: Perspectives from Vietnam, India and Canada","authors":"S. Lafrance, Shruti Bedi, Hannah De Gregorio Leão","doi":"10.2478/vjls-2021-0006","DOIUrl":"https://doi.org/10.2478/vjls-2021-0006","url":null,"abstract":"Abstract This paper seeks to examine the available constitutional models of theories of emergency powers. Part I of the paper traces the historical origins and the subsequent development of emergency states, drawing lessons from the works of Machiavelli, Schmitt, Rossiter, Rousseau... Part II presents and discusses some of the most important contemporary theories of emergency powers that propose different views and perspectives on the central issue of the attribution and exercise of State powers in times of emergency, i.e., either in the hands of the executive, the legislative or the judicial branch of the state, and why. Part III illustrates the concerns pertaining to emergency powers by looking at examples of three specific countries, namely Vietnam, India and Canada.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115160835","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}