CONTENTS
LAW MAKING AND LAW COMPLETION
1. TRAN THAO - Discussing the institution of cassation and revision in criminal proceedings
The article discusses some problems and inadequacies in the provisions of the 2015 Criminal Procedure Code (amended and supplemented in 2021) on the institution of cassation and revision, from there, proposing some solutions to improve the law on this issue in the coming time.
2. NGUYEN THI NGA - Completing the enterprise bankruptcy law
The article provides an overview of the provisions of the 2014 Bankruptcy Law and practical application. On that basis, the author proposes some solutions to improve the current Law on Bankruptcy.
3. NGUYEN TRINH NGOC LINH - Expansion of agricultural land use right transfer limit in Vietnam
The article analyzes the inadequacies in the practice of implementing legal regulations on the limit of land use right transfer, which has created a legal barrier to the problem of land accumulation and concentration, thereby making improvement recommendations.
4. NGUYEN THI PHUONG - Subjects performing property obligations left by the deceased in accordance with the Civil Code of 2015
In this article, the author analyzes the legal provisions on determining the subjects responsible for performing the property obligations left by the deceased, and at the same time, evaluates from a practical perspective the problems encountered and direction to improve the law.
5. SAI NGOC HUNG - Completing regulations on application of coercive measures in criminal investigation
The article focuses on analyzing and clarifying the difficulties and obstacles in the legal regulations on coercive measures in criminal investigation, thereby, making recommendations for improvement.
6. DUONG THI THAN THUONG - Discussing the people’s participation in state governance
The article discusses the content of state governance and people's participation in the activities of state agencies and proposes some solutions to promote people's participation in state governance.
7. NGUYEN THI QUYNH TRANG & PHAM THI KHANH LY - Completing the law on everyone’s right to live in a healthy environment in Vietnam
Everyone's right to live in a healthy environment is recognized in many international documents and national laws, but there are still many shortcomings in practice. This article studies the theory, international experience and the current legal situation of Vietnam, as a basis for proposing the improvement of legal policies on the environment to ensure everyone's right to live in a healthy environment in Vietnam at present.
8. NGUYEN THI XUAN - Completing the law on insurance contracts for imported and exported goods transported by sea
The article briefly studies about insurance of goods transported by sea and legal issues raised in the process of law implementation, to recommend improvement of the law on this issue.
9. LE THI PHUONG - Completing legal provisions on sanctioning administrative violations
The article focuses on analyzing a number of problems and inadequacies in sanctioning administrative violations in the 2012 Law on Handling of Administrative Violations (amended and supplemented in 2020), thereby, proposing solutions to improve the regulation.
LAW IMPLEMENTATION
10. HOANG THI NGAN - Management board of economic zones, industrial zones and decentralized and authorized relations
The article analyzes the legal aspects of the decentralization and authorization relationship between the following entities: the ministry, the people's committee, specialized agencies under the people's committee and the management boards of industrial and economic zones.
11. NONG THI THOA - Law on obligations of husband and wife’s living together
This article focuses on studying the content of the legal provisions, thereby pointing out the shortcomings in the regulations on the obligations of husband and wife to live together.
12. NGUYEN DUC VU - Discussing an invalid franchise contract under Vietnamese law
Legal issues on franchise contracts are governed by many legal regulations such as the Civil Code, Commercial Law, Intellectual Property Law, Competition Law and many other related regulations. However, the provisions on the legal consequences of an invalid franchise contract give rise to inadequacies that need to be amended and supplemented to ensure the feasibility of this provision.
13. TRINH VAN TAI - Determining capital contributions of members in limited liability companies with two or more members according to the Enterprise Law of 2020
The article studies the current situation of regulations on determining the capital contribution of members in a limited liability company with two or more members according to the Enterprise Law of the 2020, from which, points out some shortcomings and proposes to improve the Enterprise Law of the 2020 about this regulation.
14. PHAM MINH HUYEN - Copyright exception in the Intellectual Property Law
The article analyzes the provisions of international treaties as well as compares and comments on the provisions of the Law amending and supplementing a number of articles of the 2022 Intellectual Property Law to prove the scientific and reasonableness of the legal provisions on copyright exception.
15. DO THI LAN ANH, PHAM THI HONG TAM & TRAN LINH HUAN - Some progressive points of the 2020 Enterprise Law in regulations on state-owned enterprises
The article focuses on analyzing, evaluating and clarifying a number of new points of the 2020 Enterprise Law in the regulations on state-owned enterprises on the basis of comparison with the 2014 Enterprise Law.
16. HOANG TUAN ANH - Coordination relationship between the investigative security agency and relevant agencies and organizations in the investigation of criminal cases
The article assesses the current situation and proposes some solutions to improve the efficiency of the coordination relationship between the Investigation Security Agency and relevant agencies and organizations in the investigation of criminal cases.
17. LE TIEU VY - The role of the Vietnam Fatherland Front in grassroots democracy
The article analyzes and clarifies the concept of ensuring democracy at the grassroots level, the legal regulations on the role of the Vietnam Fatherland Front in ensuring the implementation of democracy at the grassroots level, thereby proposing some solutions to overcome and improve the effectiveness of ensuring the implementation of democracy at the grassroots level.
INTERNATIONAL LAW
18. BUI VAN NGUYEN - Taking victim’s testimony - Viewed from international conventions
The article analyzes some problems and inadequacies of the Criminal Procedure Code on taking victim's testimony on the basis of comparison with the United Nations Convention against torture and other forms of brutal, inhuman treatment or punishment or degrading people in which Vietnam has participated, thereby proposing some solutions to improve the Criminal Procedure Code.
19. PHAM THI THU HUYEN & NGUYEN VAN DAP - Factors affecting the midterm elections of the US Congress in 2022
Midterm elections for the Senate and House of Representatives in the United States play an important role in the re-selection of delegates to Congress in the hope of finding a team with legislative experience and bringing democracy to the United States. The article analyzes the legal, political, socio-economic factors affecting the results of the midterm elections of the US Congress.