{"title":"Development of a Competitive Air-Transport Market in Vietnam: Issues and Experience for Countries in Transition","authors":"H. H. Pham","doi":"10.2478/vjls-2020-0009","DOIUrl":"https://doi.org/10.2478/vjls-2020-0009","url":null,"abstract":"Abstract In the last decade, the development of the air-transport market in Vietnam has been remarkable. The country has become one of the world’s fastest growing air-transport market after adopting the Law of Civil Aviation in 2006. However, there are various issues that limit fair competition in the domestic air-transport market. By analysing the conditions of access to resources in the sector, this paper aims to identify factors that directly affect competition in the airline business in Vietnam and propose some policy changes to improve competitiveness in the air-transport market, which might be of relevance to other countries in transition.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130574465","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":"A Proposal for the Abandonment of the Writing Requirement for Arbitration Agreements in National Laws","authors":"Van Dai Do","doi":"10.2478/vjls-2020-0008","DOIUrl":"https://doi.org/10.2478/vjls-2020-0008","url":null,"abstract":"Abstract An arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one or more arbitrators. For the past decades, the written form has been a key requirement for arbitration agreements. However, there has arisen a shift in national laws towards the abandonment of this formal requirement to give the parties more freedom in the expression of their arbitration agreement. This argues for this abandonment and discusses how this can be realized in national laws.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123140798","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":"Procedural Transparency in the Settlement of Treaty-Based Investment Disputes in EVIPA and CPTPP","authors":"H. Trinh, T. H. Nguyen","doi":"10.2478/vjls-2020-0010","DOIUrl":"https://doi.org/10.2478/vjls-2020-0010","url":null,"abstract":"Abstract Important characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment treaties or arbitral rules referred therein often seek to enhance transparency and public participation by introducing three new features to investment arbitration’s proceedings: public access to documents related to the arbitration, public access to hearings; and amicus curiae submission. Those provisions generally contain exceptions to maintain a balance between the public interest on the one hand, and the interest of the disputing parties on the other hand in the fair and efficient resolution of the dispute. The two treaties Viet Nam has recently concluded, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Viet Nam Investment Protection Agreement (EVIPA), have stipulated the procedural transparency requirements, which are in line with a new trend of development in international investment law. Although Viet Nam currently maintains confidentiality with regard to investor-state arbitration, the fact that Viet Nam has made international commitments on transparency promises benefits such as increasing public interest protection, improving governance and ensuring the right to information.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130061362","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":"Regulatory Developments for Energy Liberalization in Thailand","authors":"Pornchai Wisuttisak","doi":"10.2478/vjls-2020-0003","DOIUrl":"https://doi.org/10.2478/vjls-2020-0003","url":null,"abstract":"Abstract The paper explores the regulatory developments for energy liberalization in electricity and gas sectors. It displays that government made vital institutional and regulatory reforms to create and implement energy liberalization in Thailand. Nevertheless, the author also points out that there are regulatory issues for implementation of the energy liberalization. The paper proposes some possible plans for regulatory developments with the focus on energy liberalization and competition. It provides an overview of regulatory developments which contribute to liberalization of the Thai energy sectors anol describes the regulatory challenges which hinder the process of the energy liberalization. The paper offers suggestions for the regulatory developments in order to ensure the implementation of energy liberalization toward market efficiency and competition.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132551677","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":"Divestment of State-Owned Enterprises and Competition in Oil & Gas Sectors in Vietnam","authors":"H. Nguyen, U. Turksen","doi":"10.2478/vjls-2020-0001","DOIUrl":"https://doi.org/10.2478/vjls-2020-0001","url":null,"abstract":"Abstract In its endeavour to attract foreign investment inflows and realise the diversity and security of its energy supply, Vietnam has set out short, medium and long term strategies which have been articulated in a number of legal instruments. These developments include the drive and acceleration of divestment and liberalisation of the energy market and ensuring healthy competition therein. This article provides a critical analysis of the current divestment of state-owned enterprises (SOEs) in Vietnam’s oil and gas sectors. In doing so, it also assesses current state of affairs against the key principles and objectives of competition law. After providing a brief summary of the milestones in the oil and gas sector, the article explains the equitisation in and privatization of SOEs and critiques the implications of these practices against the benchmarks of competition law provisions. After identifying the current problems and future challenges that lie ahead, it provides a number of constructive recommendations for policy development and legal reform.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"33 1-2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116735924","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":"Assessing Vietnam’s Environmental Laws and Direction for Improvement","authors":"V. Tín","doi":"10.2478/vjls-2020-0004","DOIUrl":"https://doi.org/10.2478/vjls-2020-0004","url":null,"abstract":"Abstract Environmental protection has gotten much attention and been prioritized in policy making for economic – social development of countries around the world, including Vietnam. The policies have been gradually institutionalized into law. Environmental Protection Law comes into existence in Vietnam as in other developing countries, which could be affirmed as the latest legal field. Before Environmental Protection Law was issued as an independent legal document by the National Assembly, other environmental regulations in Vietnam covered some aspects of environmental protection to meet management need without targeting the protection of environmental factors. Environment or environment-related regulations have been found in many separate legal documents. In order to meet the growing demand for integration, Vietnam needs to continue to reform environmental regulations. The paper analyzes the Vietnamese environmental regulations and practical implementation, thereby giving some suggestions.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122896301","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":"Environmental Pollution Control in Singapore: The Intersection of Torts, Statutes, Regulations and Community Norms","authors":"Gary Chan Kok Yew","doi":"10.2478/vjls-2020-0005","DOIUrl":"https://doi.org/10.2478/vjls-2020-0005","url":null,"abstract":"Abstract Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate the effects of air, water and noise pollution. Government agencies adopt preventive, monitoring and/or enforcement measures backed by a plethora of statutes, regulations, international standards relating to environmental pollution. More recently, the enforcement of environmental pollution measures have extended, with the enactment of the Transboundary Haze Pollution Act 2014, to combatting environmental pollution arising from the region. Further, the common law torts of nuisance, negligence and the rule in Rylands v Fletcher exist at common law to compensate the victims for the loss suffered arising from activities resulting in environmental pollution. The goals of enhancing environmental consciousness through public education and community efforts have also been emphasised in Singapore. Nevertheless, community mediation efforts have been supplemented by the establishment of Community Disputes Resolution Tribunals to deal with complaints by neighbours of smoke, smells, and littering in the vicinity of the complainants’ place of residence.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130520492","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":"Legal and Policy Framework for Renewable Energy and Energy Efficiency Development in Vietnam","authors":"T. V. Dung","doi":"10.2478/vjls-2020-0002","DOIUrl":"https://doi.org/10.2478/vjls-2020-0002","url":null,"abstract":"Abstract Vietnam has experienced an economic growth accompanied by increasing energy demand and inadequate supplies. Like most developing countries, the increased inefficient use of energy in Vietnam leads to increased greenhouse gas emissions and high energy costs for consumers. Also, the traditional sources of energy are not sufficient to satisfy the demand of the economic sectors. With the negative impact of climate change on water resources and the depletion of coal, oil and gas reserves, Vietnam must diversify and integrate other forms of renewable energies into its energy mix. The efficient use of renewable energy resources can boost economic development. Thus, the policies for endorsing renewable energies and energy efficiency are playing a vital role in ensuring the sustainable development for Vietnam’s future. This paper examines the legal and policy framework influencing the deployment of renewable energies and energy efficiency in Vietnam. The paper also attempts to identify major barriers to a large scale deployment of renewable energies and energy efficiency technologies and offers some possible solutions.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"198 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115274004","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 Application of Estoppel in International Law and Experiences for Vietnam","authors":"Tran Thang Long","doi":"10.2478/vjls-2020-0006","DOIUrl":"https://doi.org/10.2478/vjls-2020-0006","url":null,"abstract":"Abstract In international relation, estoppel is a principle whereby a state is not able to say or act against what it said or did before. The theory of estoppel was originated in the past from the English law system, which was later incorporated into international law. Its main purpose is to prevent a State from benefiting from its inconsistent attitudes, and thus, causing damage to another State. Therefore, estoppel must meet the main conditions. First, the expression of the said State leads to the assumption of the estoppel must be clear and non-ambiguous. Second, this expression must be expressed voluntarily, unconditionally and must be well authorized. Third, there must be a goodwill trust from another State into the expression of a State giving that expression, resulting in damage to the State with this trust or to the benefit of the expressive side. The paper examines the principle of estoppel in international law and the practice of applying this principle in cases tried at the International Court of Justice. On that basis, the paper discusses explaining the factors that constitute an estoppel situation for Vietnam in order to reject the China’s wrong interpretation of the 1958 Diplomatic Note of the late Prime Minister Pham Van Dong.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114427986","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}