Tạp chí Luật học

Improving the mechanism for people's accessors participating in courts’ trial activities, contributing to an independent judiciary in Vietnam

2026-03-07T12:01:55+07:00

The principle of people’s accessors participating directly in the adjudication process demonstrates most clearly the democratic nature of a progressive judiciary. People's participation in courts’ adjudication activities is shown through the institution of people’s accessors. The article analyses the philosophy behind the participation of the people's representatives in adjudication activities at courts and the relationship between its mechanism and the basic principles of an independent judiciary. At the same time, the article analyses the inadequacies of these legal provisions and the implementation of people’s accessors in practice. From there, the author proposes some recommendations for improving the mechanism for the people to participate in courts’ activities through the institution of people’s accessors and contributing to an independent judiciary in Vietnam.

Cases of criminal liability exemption in Vietnam's criminal law

2026-03-07T12:01:59+07:00

The provisions on cases of criminal liability exemption in Vietnam’s criminal law represent a humane, good-oriented criminal policy and policy on the classification of criminal liability. These provision have important theoretical and practical significance. The article analyses the legal nature of criminal liability exemption, thereby presenting the concept of criminal liability exemption; and classifies and analyses the provisions of the 2015 Penal Code on cases of criminal liability exemption. On that basis, the author makes recommendations for improving these provisions of the Penal Code.

Rights to adjacent real estate and issues of registration of rights to adjacent real estate according to current Vietnamese law

2026-03-07T12:02:01+07:00

This article analyses and discusses rights to adjacent real estate (one of the other property rights recognised in the 2015 Civil Code) and the registration of rights to adjacent real estate, and points out some inadequacies and limitations in registering rights to adjacent real estate under current Vietnamese law. From there, the article proposes some recommendations to improve the law on the registration of rights to adjacent real estate in Vietnam today.

The legal nature of crypto assets and cryptocurrencies

2026-03-07T10:36:01+07:00

In the current context of scientific and technological development, many studies concluded that crypto assets and cryptocurrencies have sufficient characteristics to be considered as new types of assets, while some studies concluded the opposite. Clearly defining the legal nature of crypto assets and cryptocurrency is an important step in building an effective and suitable legal framework for this type of property. The article discusses the history and some basic theoretical issues of crypto assets and cryptocurrencies. In this article, the author demonstrates that crypto assets and cryptocurrencies have the characteristics of property rights and can be recognised as properties. However, Vietnam can only recognise crypto assets and cryptocurrencies as properties once the challenges that come from the unique characteristics of this object are solved.

Improving regulations on publication, transparency and accountability of state-owned enterprises

2026-03-07T12:02:03+07:00

Publication, transparency and accountability are inevitable development trends in state governance, including governance of state-owned enterprises. This issue becomes even more important as a series of state-owned enterprises operate poorly, causing a large loss of state assets. There are many reasons leading to this situation, including some failings of the law. This paper analyses several limitations and inadequacies in the legal regulations on publication, transparency and accountability of state-owned enterprises, and on that basis makes a number of proposals to improve the content, accountability as well as full identifying violations.

Determining the jurisdiction in cross-border e-commerce related disputes: experiences from the United States, the EU and lessons for Vietnam

2026-03-07T10:55:09+07:00

The issue of determining jurisdiction has always been a concern for states. For centuries, the traditional concept of jurisdiction has always been associated with the territorial element. However, as e-commerce develops, determining the jurisdiction of a court is no longer be simple as there is no concept of territory in cyberspace. Therefore, it is necessary to reconsider the territorial element to determine the jurisdiction of a country in cyberspace in general and in the settlement of cross-border e-commerce disputes in particular. Furthermore, finding other connecting factors has become an important issue for every country. The article studies adjudicative jurisdiction of cases arising from or related to consumer transactions in the field of cross-border e-commerce. Using the comparative jurisprudence method, the article analyses the experiences of the United States and the European Union to give some suggestions for reference for Vietnam.

The right to establish, join and operate trade unions according to the 2012 Law on Trade Unions and some recommendations

2026-03-07T11:10:13+07:00

The rights to establish, join and operate trade unions are important for cooperation and stability in labour relations. This article will provide an overview of the rights to establish, join and operate trade unions under Vietnamese law; evaluate the provisions of the 2012 Law on Trade Unions on these rights, and propose some suggestions on improving the 2012 Law on Trade Unions on these rights.

Some recommendations on modifying some provisions on parental leave policies in the 2014 Law on Social Insurance

2026-03-07T11:22:17+07:00

Parental leave is one of the five mandatory social insurance policies that are specifically stipulated in the 2014 Law on Social Insurance (which went into effect on 1 January 2016). The law provides for the following contents: Content: Subjects of application; aoolicable conditions; antenatal care benefits; miscarriage, abortion, stillbirth or medical abortion; birth; surrogacy and seeking surrogacy; raising adopted children under 6 months old; implementing contraceptive measures; etc. Although the provisions of the Law are improved compared to before, after more than 7 years of implementation, some inadequacies and inconsistencies with reality in the Law have been revealed. Based on the assessment of the regulations on parental leave in the 2014 Law on Social Insurance as well as the practical implementation of these regulations in recent times in Vietnam, the article proposes some amendments to supplement inadequate regulations, in order to contribute to improving the Draft Law on Social Insurance (amended).

The recognition of non-compete agreements in labour in the United States’ case laws and suggestions for Vietnam

2026-03-07T12:02:05+07:00

In the United States, non-compete agreements in labour were used very early on, based on reasonable access to the United Kingdom’s non-compete agreements in trade. Currently, non-compete agreements in labour in the US are governed by state laws and courts’ case laws. According to case laws, non-compete in labour will only be recognised based on three main criteria: 1) the agreement was negotiated by the employer and the employee; 2) the employer has legal interests that need to be protected by non-compete; 3) the agreement is reasonable. From analysing these criteria via some of the US’ case laws, the article sums up several experiences for Vietnam in creating a legal framework to regulate non-compete agreements in labour.

Vietnam’s legal services commitments in international treaties and problems of implementation

2026-03-07T12:02:08+07:00

The article analises the commitments on legal services in international treaties to which Vietnam is a member to suggest solutions and contribute to effectively implementing these commitments in Vietnam. This article focuses on: 1) General provisions on international legal services that Vietnam must adhere to in the process of international economic integration; 2) Some of Vietnam's main commitments on international legal services in international treaties to which Vietnam is a member; 3) Some issues facing Vietnam on effectively implementing legal service commitments.