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A contribution to better perceiving judicial reform in Vietnam: This article provides an in-depth analysis of judicial rights and judiciary activities of the State apparatus before suggesting on a number of solutions to accelerate the current judicial reform in Vietnam.
About the development trends of local goverments in Vietnam: Through the author’s description of the present models of local governments, the paper is indicated the impacts of a real oriented market economy, rapid economic growth and the accelerating international integration... According to the author, the local authorities have to adjust a chance for the social and economic environment in coming years.
About the role of confucianism and its methods of governing individual behaviours: The author shares his preliminary thoughts about the role of confucianism and its method of governing individual behavious as well as the interreaction between confucisnim-based and rule of law governing methods.
Determining principles of Sino-Vietnam land border delineation: The author emphasises the need to determine fundamental principles underlying land border delineation as part of the demarcation of national borders. The principles have been mutually agreed by the Chinese and Vietnamese governments to be adhered to in resolving border and territorial problems.
Enforcement of judiciary remedies other than criminal penalties: The author discusses different judiciary remedies other than criminal penalties and suggest ways to incorpomte these measures in the enforcement of criminal judgments code. According to the author, the introduction of the remedies are proven to be of great significance to re-education and correction of the convicts and serve as effective preventive instruments.
Humanity principles and efforts to improve some legal provisions of the General Part of the Criminal Code of Vietnam: The paper is reaffirmed that long-recognised reality that humanity represents not only the actual need of the anti-crime struggle but also a key principle of the criminal law. The author analyses specific requirements of the humanity principle that must be observed in determining crimes and penalties and the need for an early improvement of a number of provisions of the general part of the criminal code.
Impacts of globalisation, regionalisation and international economic integration on the role of the State: The article is discussed various impacts of the ongoings, such as globalisation, regionalisation and international economic integration on the role of the State as well as new challenges including those posed to national sovereignty.
Judiciary title as seen from theoretical perpectives: According to the author, one of the main components of the on-going public administration reform is renovating and improving the quality of state officials and civil servants. The paper is focused on issues relating to concepts, characteristics, scope and qualifications of specific judiciary titles.
Laws governing prevention and treatment of oceanic pollution caused by sea-going vessels in Vietnam: The author points out the rationale behind efforts to control oceanic pollution as a result of sea-going vessels' movement, the importance of these activities to preserving coastal ecology and survival of the human kind. In addition, major provisions of laws governing prevention and treatment of oceanic pollution caused by sea-going vessels in Vietnam are also briefly highlighted.
New features of the 2003 criminal procedure code concerning responsibilities and obligations of defenders: The author argues that new features of the 2003 code of criminal procedure concerning responsibilities and obligations of the defenders are in line with the current economic, political, social and legal contexts. The growing needs of the entire society for a democratic, equitable and humanitarian justice are also mentioned.
New features of the 2003 law on co-operatives: Authors highlight new features of the 2003 law on co-operatives in comparison with the 1996 version including a better identification of the legal nature of co-operatives, expansion of eligible members of co-operatives, simplification of business registration procedures, diversification of corporate forms and organisation structures, clearly establishing ownership to the common property of co-operatives.
New features of the amended criminal procedure code of concerning appellate judicial review and retrial procedures: The paper reviews new provisions of the criminal procedure code that deal with appllate, judicial review and retrial procedures. These provisions essentially help to remedy practical shortcomings and irrationalities and meet demands for judicial reform in Vietnam.
On residence banning as a penalty under Vietnamese criminal code: Banning from residing in a certain area as a supplementary penalty under Vietnam's criminal code has been analysed in detail through different stages of development of the criminal laws. It is based on the further recommendations to improve and to enhance the effectiveness of that type of penalty in its practice.
Problems arising from equitisation of military-owned businesses: The author point out problems to be addressed during the equitisation of military enterprises namely providing employee benefits, the needs to retain State capital and eligible buyers of shares in the enterprises.
Reserving public nuisance is demonstrated under the Vietnamese law in applying foreign law: The article looks at how reserving public nuisance is demonstrated under the Vietnamese laws in applying foreign laws; initial results and areas where further improvements are required.
Some comments on provinsions of the XII th Draft Civil Procedure Code governing civil relations with foreign elements: The article is commented on provisions of the XIIth Draft Civil Procedure Code governing civil relations with foreign elements. The author highlights the allegedly inappropriate provisions of the Draft Code and suggests possible improvements to remedy these shortcomings.
Some comments on provisions of the XIIth Draft Civil Procedure Code governing civil relations with foreign elements: The article is commented on provisions of the XIIth Draft Civil Procedure Code governing civil relations with foreign elements. The author highlights the allegedly inappropriate provisions of the Draft Code and suggests possible improvements to remedy these shortcomings.
Some comments on the draft civil procedure code: The author provides his comments on the following issues: scope of application of the civil procedure code; jurisdiction of the courts; procedures for a review of effective court judgments or decisions; structure of the draft code.
Some criminological features of manslaughter: According to the studies of crimes that have been brought into hearing during 1999-2003, the author focuses his analyses on a number of criminological features of manslaughter in an attempt to help prevent and combat this dangerous type of crimes.
Some issues pertaining to proposed amendments of contract laws in Vietnam: Generic contract statutes of the civil code, commercial law and the ordinance on economic contracts, are argued by the author led to an overlap, inconsistency and difficulties in their enforcement. In addition, the inter-relation between general law and specific laws are yet to be clearly indicated.
Some issues relating to the scope of constitutional rights that may be exercised by Vietnamese citizens: The author provides an in-depth analysis of the scope of fundamental individual rights ranging from individual capacity, right to be limited to right-protecting conditions, legal formality for exercise of rights and performance of obligations by the State; respect for rights of other subjects.
Some theoretical and practical insights into exemption of criminal responsibilities: The paper is discussed about the conceptual issues of exemption of criminal responsibilities, its relation with exemption of penalties, major characteristics and particular circumstances under which criminal responsibilities are exempted under the 1999 Criminal Code. Finally, the author outlines some suggestions on how to improve this statutory regime.
Some thoughs on non-contractual damages under the civil code: The author raises his views about proposed amendments to a number of articles of the civil code, which is relating to the structure of chapter V-part III, liability for non-contractual damages; individual capacity for paying damages; payment of alimony to the affected individuals, who are obliged to provide alimony; compensations for property damages or other violations of individual's rights and interests.
Some views on the introduction of "one-door" policy at local administrative bodies
State responsibilities in the context of the public administration reform: Subject to the theory of State's responsibilities during its exercise of public powers. It is argued that if ordinary people suffer losses as a result of mistakes or wrong doings of the public authorities, the State must be accountable for proper compensation. The author also discusses various forms of State's material responsibility to its citizens and legal entities.
Strike procedures under the civil procedure code: The author helps to clarify key issues such as the concept of strikes and ways of handling strikes. If judging the legitimacy of a strike is incorporated in the civil procedure code. It may be considered as a civil matter as hence must be arranged in Part V of the Draft Code. Otherwise, the strike procedures should not be governed by the civil procedure code.
The relationship between the state, a civil society and the public administration reform: The author analyses the relationship between the state and the society, the linkage between the state and a civil society, the role of the state in business environment, public administrative reform. He also points out the basic reasons that caused a delay in the ongoing public administration reform in Vietnam.
The relationship between the state, civil society and the public administration: The author analyses the relationship between the State and the society, the linkage between the State and a civil society; the role of the State in business environment; the public administrative reform. He also points out the basic reasons that caused a delay in the ongoing public administration reform in Vietnam.
Vietnam's intellectual property laws in a global context: The author's analyses are aimed at providing an overall assessment of the intellectual property laws in Vietnam and mapping out future, forecasting future developments of the country's intellectual property laws. In view of the author, the intellectual property laws in Vietnam in the coming time may move toward a greater international co-operation, promoting a science and technology development strategy as a leverage for the national policy intellectual property policy and enhancing regulatory capacity in this sector.
Vietnamese laws on shipowner's civil liability limits: The author evaluates various aspects of Vietnamese laws dealing with liability to pay compensation for environmental protection. The article is also mentioned about the civil liability of shipowers and the possible accession to an international treaty on oil over spillage.