CONTENTS

CONTRIBUTING SUGGESTIONS TO THE DRAFT LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON HANDLING ADMINISTRATIVE VIOLATIONS

1. CAO VU MINH - Competence and procedures for applying administrative measures to send people to compulsory drug rehabilitation facilities in the context of streamlining the state apparatus

According to legal regulations, the authority to apply administrative measures of compulsory drug rehabilitation belongs to the district people's court. To apply this measure, administrative agencies must prepare a request file for the district people's court to consider and decide to allow implementation. This article studies and analyzes the authority and procedures for applying administrative measures of compulsory drug rehabilitation, and at the same time, proposes some recommendations to improve the law in the context of streamlining the state apparatus.

2. TRUONG THI TU MY - Completing legal regulations on explanation procedures in handling administrative violations

The article focuses on analyzing the difficulties and shortcomings of the 2012 Law on Handling of Administrative Violations, amended and supplemented in 2014, 2017, 2020, 2022 (Law on Handling of Administrative Violations of 2012) on the explanation procedure in handling administrative violations, thereby making some recommendations to improve related laws.

3. NGUYEN NGOC TOAN & CAO NGOC ANH THI - Completing regulations on procedures for handling administrative violations in the draft Law amending and supplementing a number of articles of the Law on Handling Administrative Violations

Administrative sanctions are one of the effective tools for the State to combat and prevent administrative violations. The draft Law amending and supplementing a number of articles of the Law on Handling Administrative Violations is being amended and is expected to be passed at the 9th Session of the 15th National Assembly with many new points, especially the provisions related to administrative Sanctions procedures. The article analyzes and explains a number of issues such as conditions for administrative sanctions without making a record, the right to explain in cases of sanctions under the procedure without making a record, the time limit for transferring the administrative violation record to the competent authority to sanction, about the witness signing the administrative violation record and recommendations to continue to improve the provisions on administrative violation sanction procedures in the draft Law.

RESEARCHING, MAKING AND COMPLETING LAWS

4. VU CONG GIAO - Limits and conditions for applying penalties according to international human rights law and suggestions for improving Vietnamese law

The article analyzes the provisions on the limits and conditions for applying penalties in International human rights law, thereby demonstrating that international human rights law sets limits and conditions on the nature, extent, subjects, and procedures for applying penalties in criminal proceedings to prevent abuse of power in crime prevention and control and promote the humanity of criminal justice. At the same time, the article also surveys and studies the experiences of the Federal Republic of Germany, Norway, Canada, and South Africa, thereby suggesting some reforms for Vietnam to refer to and selectively absorb, contributing to completing the law on applying penalties to be closer to international human rights standards on this issue.

5. TRUONG HONG QUANG & NGUYEN THI THAO - Completing the legal system on human rights and civil rights after more than 10 years of implementing the 2013 Constitution

Practice shows that the institutionalization of human rights and citizen rights after more than 10 years of implementing the 2013 Constitution has achieved significant achievements but also has certain limitations and difficulties. To continue compleing the law on human rights and citizen rights, it is necessary to properly and fully implement responsibilities according to the provisions of the 2013 Constitution and institutionalize the Party's new guidelines and policies on innovation in thinking about making and implementing laws to meet the requirements of national development in the new era.

6. BUI THI NGUYET THU - Completing the legal framework on protecting children's personal data in the digital environment in Vietnam today

In the context of strong digital technology development, the protection of personal data in general, especially the data of children – easily vunerable subjects - has become an urgent issue. In recent times, although Vietnam has made important steps in building a legal framework to protect children's personal data, in reality there are still many limitations and challenges that need to be resolved. The article focuses on analyzing the current legal framework of Vietnam on the protection of children's personal data, evaluating the achievements and limitations, and at the same time, suggesting some complete solutions to ensure the best rights and interests of children in the digital environment.

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

7. NGUYEN THI HUONG - Division of common property of spouses upon divorce - Current situation and recommendations for improving the law

The article studies the provisions of current Vietnamese law and trial practice related to the division of common property of spouses upon divorce in the absence of an agreement on the property regime. Based on the analysis of the legal framework, principles of property division and some typical judgments, the study clarifies problems such as determining common and separate property, thereby making some recommendations to improve the law on the division of common property upon divorce in a more equitable and effective direction.

8. NGO THI PHUONG THAO - Law on birth registration for children whose father and mother have not yet been identified - Some shortcomings and directions for improvement

Birth registration is the declaration and confirmation by a competent state agency of an individual's birth; it is one of the civil status events to identify an individual as a natural and social entity. Birth registration and birth certificate issuance have the first legal significance of proving the identity of an individual, regardless of whether the individual is born with both parents or not. The article studies and analyzes the provisions of current law on the authority and content of birth registration for children whose parents are not yet identified. From there, it points out the limitations in the provisions of law on this issue, and at the same time, proposes solutions to improve it.

9. LE NGOC THANG - Tax fraud in real estate transactions - Current situation and some recommendations

Tax fraud reflects the situation of taxpayers, using different tricks to reduce tax obligations to the State. The article focuses on clarifying the nature of tax fraud in real estate transactions and proposing preventive solutions.

INTERNATIONAL LAW

10. DOAN THI TO UYEN & VU PHUONG THAO, HOANG THI PHUONG MAI, VU VAN HUYEN - Regulations and practices of implementing the Russian Federation's testing policy and some suggestions for Vietnam

The digital economy is now becoming a strong pillar of the global economy, where technology and data play a key role in creativity, growth and innovation. However, the world is always changing very quickly, the application of rigid policies and processes sometimes becomes a barrier to development. Therefore, the emergence and implementation of testing policies to support innovation is extremely necessary. The article studies and analyzes the regulations and practices of applying testing policies in the Russian Federation, thereby drawing experience lessons in developing this policy in Vietnam.

11. TRAN LINH HUAN & TRAN MINH CHUONG - Noise control under Indian law and some experiences for Vietnam

The article assesses the current status of Vietnam's noise control laws, analyzes some legal regulations on noise control in India, and from there, it draws appropriate experiences to contribute to the improvement of Vietnam's noise control legal system.