CONTENTS
LAW MAKING AND LAW COMPLETION
1. NGUYEN QUANG THAI & BUI THI HUYEN - Discussing the effectiveness of civil judgment execution and the system of criteria for evaluating the effectiveness of civil judgment execution in the socialist rule of law State of Vietnam to 2030, with orientation to 2045
The article introduces the concept of civil judgment execution efficiency, criteria for assessing civil judgment execution efficiency before the requirement of completing the socialist rule of law State of Vietnam by 2030, with orientation to year 2045.
2. DONG THAI QUANG - Building and completing the Vietnamese socialist rule of law State of the people, by the people, for the people
The article analyzes the objective necessity of building and completing the socialist rule of law State in Vietnam, and at the same time, proposes some solutions to build and complete the socialist rule of law State in Vietnam.
3. TRUONG QUANG VINH - Discussing the crime of intentionally causing injury or harming the health of others
The article analyzes a number of inadequacies in the provisions of the crime of intentionally causing injury or harming the health of others, through which, the author makes some suggestions towards the improvement of this regulation.
4. NGUYEN MINH TUAN - Completing the enterprise bankruptcy law to meet current practical requirements
The article studies some limitations of the current Bankruptcy Law and proposes some solutions to improve the law to meet practical requirements.
5. TRAN DANH PHU - Completing the law on capital contribution with common property of husband and wife to enterprises
Current provisions of the Law on Marriage and Family and the Law on Enterprises are not compatible with respect to the contribution of capital with common property of husband and wife to various types of enterprises. In this article, the author analyzes the issue of capital contribution by the husband and wife's common property to the business, points out the limitations and inadequacies of the current law and makes recommendations for improvement.
6. NGUYEN DUC ANH - Law on independent members of the Board of Directors in joint-stock companies
The article studies the laws of Vietnam and some countries on independent members of the Board of Directors from a comparative perspective. From there, the author makes a number of proposals to amend and supplement the law on independent members of the Board of Directors based on references from foreign laws.
7. PHAM DUC HUYEN - Completing the legal provisions on the management of accused and defendants in detention camps
The article analyzes and points out some shortcomings in the legal provisions on the management of accused and defendants in detention camps and proposes ideas to improve these regulations in the near future.
8. HA VIET HUNG - Completing the legal provisions on contracts for international carriage of goods by sea
The article analyzes the inadequacies of Vietnamese law on contracts for international carriage of goods by sea, thereby making some recommendations to improve the provisions of the Vietnam Maritime Code of 2015 related to the contract of international carriage of goods by sea to conform to international standards.
LAW IMPLEMENTATION
9. TRAN THAO - Ensuring the rights of experts in criminal proceedings
In this article, the author analyzes the current legal situation, and at the same time, points out the shortcomings and limitations in ensuring the rights of experts in criminal proceedings, thereby, making some recommendations to improve the legal provisions of the Criminal Procedure Code of 2015 (amended and supplemented in 2021) on this issue.
10. NGUYEN THI KIEU OANH & TRAN LINH HUAN - Land dispute conciliation - Legal status and some recommendations
The article focuses on clarifying a number of limitations and inadequacies in land dispute conciliation and makes some recommendations for improvement.
11. HO VAN NHAN - Conditions for compensation for land when the State recovers land from religious establishments
The article focuses on analyzing the conditions for compensation for land when the State recovers land for religious establishments, thereby pointing out related shortcomings and making some recommendations to improve this mechanism in the future.
12. DINH THI HAI YEN - Ensuring the observance of the principles of conducting proceedings against offenders under the age of 18
Within the scope of this article, the author proposes and analyzes a number of solutions that contribute to improving the effectiveness of ensuring the implementation of the principles of conducting proceedings against offenders under the age of 18 in the process of resolving criminal cases in Vietnam today.
13. HOANG THI HIEN - Measures for special investigation and procedure under the provisions of the Criminal Procedure Code of 2015
The article evaluates the provisions of the 2015 Criminal Procedure Code on special investigation and procedure measures, from which, makes recommendations to improve these measures.
14. BUI THI HANH - Strengthening the efficiency of application of summary judicial procedures in settling criminal cases
The article presents the concept and content of the summary procedure in criminal proceedings, clarifies a number of problems and inadequacies, from which the author has some suggestions and recommendations to improve the efficiency of applying this procedure in practice.
15. TO DUY KHAM - The practice of disciplining laid-off workers
The article researches and analyzes the legal provisions on disciplining employees who are laid off in accordance with the provisions of the Labor Code of 2019, and at the same time, points out a number of inadequacies in application practice to propose solution the completion of the law.
16. NGUYEN DUC VU - Competence to settle disputes related to commercial franchising contracts from court practice
Disputes related to franchise contracts are complex disputes that must be resolved by many different legal provisions. Currently, there are many different views on determining the jurisdiction of the court to settle disputes in accordance with the civil procedure law, leading to inconsistency in adjudication policy, which may lead to conflicts of jurisdiction or the judgment or decision is annulled, corrected due to misidentification of jurisdiction.
17. NGUYEN NGOC HOA DANG - Settlement of divorce or non-recognition of the husband and wife relationship in case there is no longer any papers certifying the existence of the marital relationship
In this article, the author analyzes the grounds for divorce, non-recognition of the husband-and-wife relationship, the issue of resolving the divorce request when the marriage certificate is lost through practical examples and makes some recommendations.
18. NGUYEN THI NGA - Measures to preserve assets in the current corporate bankruptcy law in Vietnam today
The article identifies the theory and law related to some measures to preserve assets in the current corporate bankruptcy law in Vietnam.
INTERNATIONAL LAW
19. NGUYEN THI NGAN & PHAM MINH DUC - International experience on improving the efficiency of civil judgment execution and suggestions for Vietnam
The article introduces the experience of CEPEJ, UIHJ, Finland, Sweden, France, UK, Thailand and China in improving the efficiency of civil judgment execution, thereby, proposing orientations, and solutions to improve the efficiency of Vietnam's civil judgment execution in the coming time.
20. NGO AN HA - Right of access to pharmaceuticals under international law and practice in Vietnam
In Vietnam, the legal system on the right to access pharmaceuticals is quite complete, ensuring medicines for people to prevent and treat diseases, but there are still some problems that need to be studied and considered for amendment, supplementation and completion to suit the actual situation of the country.
21. DO TRAN HA LINH - Discussing the factor “contributing to the economic development of the host country” in international investment law
The article initially researches and explores the factor “contributing to the economic development of the host country” in international investment law, in which, introduces arbitral decisions and awards related to this issue from the International Center for Settlement of Investment Disputes (ICSID) and UNCITRAL Arbitration to illustrate.