Tạp chí Khoa học Kiểm sát

The institution of the People’s Procuracy initiating administrative lawsuits for the public interest in food safety under Chinese administrative procedure law and recommendations for Vietnam

Trần Văn Song — 2026-01-15

The development of the institution whereby the People’s Procuracy initiates administrative lawsuits for the public interest in the field of food safety in China marks an important step forward in the effort to safeguard the public interest. This article provides an initial analysis of certain issues relating to public interest administrative litigation, with particular attention to cases concerning food safety. Following the approach of “drawing broad inferences from one instance,” the discussion is primarily framed through identification and reasoning, not only to clarify the mechanism of administrative lawsuits for the public interest in food safety, but also to offer a deeper understanding of the overall positioning of the People’s Procuracy - both as a subject exercising litigation functions for the public interest and as an institution responsible for judicial supervision over the activities of administrative authorities.

The impact principles of criminal law (Part 1)

PGS.TS. Hồ Sỹ Sơn — 2026-01-15

From the theoretical and practical perspective of regulating and protecting social relations of criminal law, the article analyzes and comments on the principles of impact of criminal law, thereby highlighting the necessity of prescribing the principles of impact of criminal law in Vietnamese Criminal Code.

Requirements for logically coherent legal reasoning

TS. Hoàng Anh Tuyên — 2026-01-15

Legal reasoning is the soul of legal thought and practice, ensuring that law functions not merely as a system of rules but as an order of reason and justice. Amid Vietnam’s ongoing institutional reforms, reasoning and legal writing emerge as central capacities guiding the formulation, interpretation, and application of law in a logical, coherent, and humane manner. Legal reasoning requires strict adherence to fundamental logical principles such as the law of identity, non-contradiction, excluded middle, and sufficient reason, thereby orienting and perfecting the legal system in a simple, understandable, implementable manner and maintaining a unified understanding, to protect human rights, citizen rights and promote compliance with the law in the current context.

Building a professional, modern, fair, strict and integrity-driven judiciary that serves the Nation and the people

TS. Nguyễn Huy Phượng — 2026-01-15

The article analyzes the theoretical and practical basis for building a professional, modern, fair, strict, honest, serving-the-Fatherland, serving-the-People judiciary in the context of building a Socialist rule-of-law state of Vietnam and international integration in the new era. Based on the Party's Resolutions, the 2013 Constitution and the requirement to protect human rights, the author points out the special role of the judiciary in protecting justice, strengthening people's trust and creating a safe legal environment for the development of a market economy. The article evaluates the initial results of judicial reform, and at the same time points out the limitations in organizational structure, staff quality, facilities, judicial independence and transparency. On that basis, the author proposes a group of solutions to improve the law, modernize electronic justice, build a team of honest and professional officials, strengthen supervision and international cooperation, considering this a prerequisite for building a socialist rule-of-law state “of the people, by the people, for the people”.

Regulatory capture in Vietnam: In search of fundamental theory

PGS.TS. Trương Hồ Hải — 2026-01-15

Regulatory capture is a sophisticated and perilous form of corruption that threatens the transparency and democracy of the legal system. In Vietnam, research on this issue is limited owing to existing legal gaps and ongoing controversy surrounding its conceptual framework. By employing a synthesis and comparative methodology, this paper aims to provide a more comprehensive and complete overview of the nature, identifying characteristics, and causal conditions of regulatory capture. The findings are expected to advance the theoretical foundations of regulatory capture, while also contributing to the objectives of Resolution No. 66-NQ/TW dated April 30, 2025 of the Politburo on innovation in law-making and enforcement to meet the requirements of national development in the new era (hereinafter referred to as Resolution No. 66-NQ/TW).

Disposition of exhibits constituting mortgaged property in criminal proceedings: Legal perspectives and recommendations for improvement

ThS. Ngô Văn Lượng — 2026-01-15

The disposition of exhibits that constitute mortgaged property in criminal cases has revealed numerous inadequacies in the practical application of Vietnamese law, particularly in determining the priority between the mortgagee’s secured rights and the State’s authority to confiscate assets into the public budget. This article examines the legal foundations governing such matters and proposes solutions to ensure fairness and procedural efficiency in the handling of mortgaged property used as exhibits in criminal proceedings.

Simplification of civil procedure and emerging issues for Vietnamese civil litigation in the digital era

ThS. Nguyễn Thị Kiều Trang — 2026-01-15

Under the influence and achievements of the Fourth Industrial Revolution, the application of digital technologies to judicial proceedings has the potential to streamline case resolution, reduce costs, and enhance transparency in court adjudication. Current policies and legislation have gradually established a legal framework for integrating digital technologies into court procedures, thereby contributing to the simplification of civil procedural steps. However, several existing legal provisions remain cumbersome, inconsistent, or ineffective in practice, requiring further research and reform. This article examines key regulatory provisions related to digital transformation that facilitate the simplification of civil procedures, identifies the issues posed for Vietnamese civil procedure in the digital era, and proposes recommendations for improvement.

The right to participation in the context of digital Government and sustainable development

NCS.ThS. Nguyễn Thị Yến Nga — 2026-01-15

The Fourth Industrial Revolution marks a significant transformation for humanity as entering the digital era, where artificial intelligence (AI), the Internet, and other technological breakthroughs are progressively reshaping the world comprehensively. In this context, electronic participation (E-Participation) emerges as a critical driving force, contributing to the advancement of sustainable development. This is a process in which citizens, organizations, and government leverage digital technology to exchange information, engage in state governance activities, and make meaningful contributions to societal progress. Through the method of analysis and synthesis, this article systematizes several fundamental theoretical issues regarding E-Participation in state governance, while also evaluating the global development status of E-Participation in the context of sustainable development. Based on these findings, the article proposes several solutions to enhance the effectiveness of digital participation in state governance in Vietnam.

Digital transformation in state administration adapting the requirements for substainable development in Vietnam

ThS. Lê Thị Hoàng Minh — 2026-01-15

Digital transformation, an inevitable trend is being implemented in both the public and private sectors and the whole society in all countries today. The widespread digitalization in state administrative management in the public sector is a clear indication of this. In the context of sustainable development, the digital transformation process of state administrative activities must meet several specific requirements. By identifying these requirements and assessing the current situation, the article proposed a number of recommendations to improve policies, laws and practical solutions to address the requirements when implementing digital transformation of state administrative activities in the context of sustainable development in Vietnam.

The practice of implementing the law on land-use rights of religious establishments and recommendations for improvement

NCS.ThS. Khuất Hữu Anh Tuyến — 2026-01-15

This article focuses on analyzing the practical implementation of the law on land-use rights of religious establishments in Vietnam, thereby identifying notable achievements, existing limitations, and the underlying causes of current shortcomings. On that basis, the article proposes several solutions aimed at improving the legal framework governing land-use rights of religious organizations, in alignment with the State’s policy of ensuring freedom of belief and religion, while also meeting the requirements of effective management, rational utilization, and sustainable exploitation of land resources. Improving the legal regulations in this area not only contributes to enhancing the effectiveness of state management over land, but also promotes increased budget revenues and supports socio-economic development as well as national defense and security.

Ensuring the rights of victims in fraud and asset appropriation cases in the laws of some countries - Reference values for Vietnam

NCS. Nguyễn Đức Sơn — 2026-01-15

Ensuring the rights of victims is one of the fundamental principles of criminal procedure, reflecting the State’s commitment to protecting legitimate interests and restoring justice for those who have suffered harm. In case of fraudulent appropriation of property, the offense is characterized by deceitful and sophisticated methods, often causing severe losses in property, psychological well-being, and public trust. This paper examines legislative experiences and practical mechanisms for safeguarding the rights of victims (individual victims) in several jurisdictions, including France, the United Kingdom, the United States, and the Russian Federation. On that basis, the study identifies key lessons for Vietnam, including the improvement of criminal procedure and criminal law to strengthen legal support mechanisms and enhance the effectiveness of victim protection.

Organization of government support agencies in some countries and suggestions for Vietnam

TS. Trần Thị Thu Hà — 2026-01-15

Government support agencies play a crucial role in ensuring the effectiveness and efficiency of governmental operations and the leadership of the Head of Government. This article presents the organization of government support agencies in selected countries, thereby referencing the current structure of the Government Office in Vietnam and proposing directions for reform in three key areas: organizational model, structural framework, and personnel organization.