Tạp chí Luật học

Improving the provisions on the non-duplication principle in inspection operations

BUI THI DAO — 2024-03-22

Inspections are typically carried out by multiple authorities, which may cause overlap of authorities or activities of similar contents and purposes, such as state audits and inspection by administrative authorities. To avoid such overlap, the Law on Inspection has set forth the principle of non-duplication in inspection operations. However, this principle has not been fully and consistently represented in the provisions on inspection, on state audit and inspection. The article makes a number of suggestions to improve the laws, including ensuring no duplication in the aforementioned activities, effectiveness and efficiency of state authorities operations, and not affecting the normal operation of inspected subjects.

Exercising citizens' right to access information in contemporary Vietnam

DUONG VAN QUY — 2024-03-22

The exercise of citizens' right to access information is the basis for promoting democracy, ensuring the people's right to mastery, and a testament to the construction and completion of a socialist rule of law state in contemporary Vietnam. However, in Vietnam, citizens’ exercise of their rights to access information, despite some notable results, still has limitations. On the basis of some general theoretical issues, the article analyses and assesses the current situation and proposes solutions to ensure the implementation of citizens' right to access information in contemporary Vietnam.

New features of the 2022 law on domestic violence prevention and control – some recommendations

NGUYEN THI LAN — 2024-03-22

The article focuses on studying two main issues. The first is to analyse and evaluate new points of the 2022 Law on Domestic Violence Prevention and Control in comparison with the 2007 Law on Domestic Violence Prevention and Control. The second is to analyse the reality of domestic violence happening in the society during and after the COVID-19 epidemic, especially for children and women. On that basis, the article predicts the effectiveness of the law on domestic violence prevention and control and makes some recommendations to ensure effective implementation of the law.

Distribution of estate by will according to the 2015 Civil Code – Current situation and some recommendations

NGUYEN NHAT HUY — 2024-03-22

Distribution of estate by will is an activity performed by an authorised or competent subject using certain principles in order to distribute the estate in accordance with the will in different ways, in line with the basis for estate distribution prescribed by the law. At the same time, the process establishes ownership of the inherited estate after all property-related obligations have been fulfilled, eliminating the possibility that multiple people have inheritance rights over one or more properties left by the deceased. The article focuses on analysing the current legal provisions on the distribution of estate by wills related to: 1) payment of property-related obligations; 2) determining the heirs notwithstanding the will’s content and the deduction from other shares to make up for the legitimate shares of these heirs. On that basis, the author proposes some recommendations to improve the law on this issue.

Creating a protection mechanism for sui generis database right – European Union’s experience

LE THI MINH — 2024-03-22

Big data plays a vital role in the digital age and can be protected from the perspective of copyright under the Bern Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the World Intellectual Property Organization Copyright Treaty. However, not all big data can be protected for two reasons: 1) copyright only protects the arrangement of the entire database, not the pure information within the database, and 2) difficulty in meeting standards of creativity and formability. This affects the investment results of big data producers. This article analyzes the EU Database Directive for creating sui generis database rights, which overcome the limitations of copyright protection. From there, the article makes recommendations for Vietnamese law on establishing separate rights to protect big data.

Vietnam’s law on voluntary social insurance and some recommendations

PHAM THI THUY NGA — 2024-03-22

Voluntary social insurance is a component of the national social security system. Developing voluntary social insurance directly contributes to improving social security policies. Currently, the law on voluntary social insurance in Vietnam has achieved some positive results. However, even though the number of people participating in voluntary social insurance has increased rapidly, it still only accounts for a small proportion of the working-age workforce and is not sustainable. Thus, voluntary social insurance coverage is still low, while the number of people receiving one-time social insurance benefits has increased. Therefore, based on the analysis of the current voluntary social insurance law and the main problems in its practical implementation, this article makes some recommendations on amending the 2014 Law on Social Insurance to improve the section on voluntary social insurance in the Draft of the revised Law on Social Insurance.

The law on renewable energy development in Vietnam – Some shortcomings and suggestions for improvement

NGUYEN THI TINH — 2024-03-22

Renewable energy is a clean and natural energy source that is continuously replenished and reused indefinitely, such as energy from the sun, wind, water, geothermal, biomass, biofuels, etc. As the world fights global climate change, in addition to the realisation of the Paris COP21 goal of ensuring less than 2°C increase in average global temperature between now and 2100, the promotion of the development of renewable energy sources, gradually replacing energy sources from fossil fuels (coal, oil, and gas) - the cause of two thirds of greenhouse gas emissions (CO2) - is one of the essential measures that Vietnam and the world are pursuing. The transition to renewable energy requires changes in policies, laws, technologies, etc., where the law is one of the fundamental elements that creates a premise for the investment and development of renewable energy in each country. In this article, the author introduces the current status of the renewable energy legal system in Vietnam and the legal obstacles that need to be removed for future promotion of the development of renewable energy in Vietnam.

Promoting gender-responsive budgeting - The basis for implementing the principle of gender equality prescribed in the Law on State Budget

NGUYEN THI THANH TU — 2024-03-22

Gender-responsive budgeting, or gender budgeting, which has been identified as the key to promoting gender equality and adopted in more than 100 countries, is becoming an internationally recognised tool for achieving gender equality. In 2015, the National Assembly of Vietnam promulgated the Law on State Budget, which defines gender equality as one of the basic principles in the management and expenditure of the State budget (Article 8). However, the implementation of the principle remains challenging due to the limited capacity of the stakeholders and the lack of guidelines. The article provides a review of gender-responsive budgeting and assesses the advantages and disadvantages of applying it in Vietnam. On that basis, the article makes some recommendations relating to the provisions and some solutions to promote the implementation of gender-responsive budgeting in Vietnam.

Solutions for a more effective application of waste disposal law in residential areas within Vinh Phuc province

VU THI DUYEN THUY — 2024-03-22

The application of waste disposal laws in residential areas is a necessary but complex issue. Nationwide, and specifically in Vinh Phuc Province, this activity faces numerous challenges, which lead to less-than-expected effectiveness. This article proposes several solutions for Vinh Phuc Province for a more effective application of waste disposal laws in residential areas. Waste-to-energy development, encouraging socialisation of waste disposal in residential areas, or creating a roadmap to minimise waste destruction by landfilling are some examples of what can be done.

Public policy in private international law in Vietnam

NGUYEN DUC VIET — 2024-03-22

Public policy is a crucial institution that guards Vietnam’s legal system from unacceptable infringements caused by the application of foreign laws or the recognition and enforcement of civil judgments and decisions of the foreign courts and foreign arbitral awards. Legal precedent has indicated that Vietnamese courts, however, have a propensity to overbroaden the application of the public policy rule. Vietnamese courts must, therefore, be more aware of the content and conditions for applying the public policy rule in each specific case in order to ensure the effectiveness and efficiency of private international law. This article clarifies the meaning and connotation of “public policy” and the challenges involved in implementing public order in Vietnamese private international law.

Third-party funding in international commercial arbitration - International experience and implications for Vietnam

PHAM THANH TUNG — 2024-03-22

International commercial arbitration is a dispute settlement mechanism with many advantages. However, the most significant disadvantage of this mechanism is the very high cost of international commercial arbitration. This makes it difficult for the parties to access arbitration if they are not financially stable and, simultaneously, makes it burdensome for them to access justice for the dispute. In recent years, "third-party funding" has emerged as a solution to remove financial burdens and make it easier for parties to access international commercial arbitration procedures. The following article studies the approaches of France and Singapore to "third-party funding" in international commercial arbitration, thereby offering some suggestions for Vietnam.