CONTENTS

RESEARCHING, MAKING AND COMPLETING LAWS

1. NGUYEN TUAN AN - Building a team of local public servants and judicial officials to meet the requirements of national development in the new era

The article studies and analyzes a number of theoretical issues such as concepts, viewpoints and requirements for the team of local public servants and judicial officials in the current context. On that basis, the article proposes a number of solutions to improve the effectiveness of building a team of civil servants and local judicial officials to meet the requirements of national development in the new era.

2. NGUYEN DIEU ANH - Regulations on surface rights under Vietnamese civil law and recommendations for improvement

The article studies and analyzes legal regulations on surface rights over time; points out some shortcomings in legal regulations and law enforcement practices on surface rights in Vietnam in recent times; from there, proposes some recommendations to improve the law on this issue.

3. VU VAN TINH - Improving Vietnamese law on digital asset mortgage from international legal experience and some countries

The article studies and analyzes some basic contents on digital asset mortgages in international law and those of some countries; from there, it recommends some policies for Vietnam to study and selectively absorb in order to build a suitable legal corridor, promote innovation, and help the private economy develop more strongly and sustainably.

4. HUYNH THI KIM THOA - The possibility of agreeing on the statute of limitations for filing dispute resolution by arbitration - International experience and recommendations for improving Vietnamese law

Resolving disputes by commercial arbitration emphasizes the autonomy of the parties, because this procedure is only carried out when the parties have an arbitration agreement. The mechanism of freedom of agreement raises the question of whether the parties can agree on the statute of limitations to bring the dispute to arbitration or not? The article analyzes the current state of Vietnamese law on the possibility of agreeing on the statute of limitations to resolve disputes by commercial arbitration, comparing it with the laws of some countries on this issue; from there, proposing recommendations to improve the law.

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

5. TRINH NGOC TUAN - Practical application of court procedural regulations to arbitration proceedings and some recommendations

Arbitration is an alternative dispute resolution method outside the court, regulated by the Law on Commercial Arbitration 2010. However, in practice, there are still many different views on the application of the provisions of the Court proceedings to arbitration proceedings, leading to inconsistent application and interpretation of the law. This article analyzes and clarifies the application of the provisions of the Court proceedings to arbitration proceedings through a number of actual cases to assess the reasonableness of the application; from there, it makes a number of proposals to ensure consistency in the interpretation and application of the law.

6. DO LUONG THIEN - Completing the law on granting certificates of eligibility for security and order for accommodation service establishments

In recent times, many accommodation service establishments, especially small establishments, have not strictly complied with security and order conditions; some establishments operate without permission or deliberately take advantage of “loopholes” in the law to not comply with legal regulations on accommodation service business activities. From this reality, this article studies and analyzes current legal regulations related to the issuance of certificates of eligibility for security and order for accommodation service establishments and proposes law completion solutions to improve the effectiveness of state management in this field.

INTERNATIONAL LAW

7. TRAN THI LAN PHUONG & PHAM TIEN THANH - Legal framework on smart contracts in Italy, Poland from a comparative perspective and orientation to improve Vietnamese law

The development of new technologies has been creating diverse impacts on the current legal system. Smart contracts are one of the forms of new technology, raising issues about the applicability of traditional norms of contract law to agreements established through smart contracts. Italy and Poland are two countries with differences in recognizing the legal value and enforceability of smart contracts. This article studies and analyzes the legal regulations on smart contracts in Italy and Poland, thereby making a number of proposals and recommendations for Vietnam to study and selectively absorb to complete the legal regulations on smart contracts.

8. DOAN XUAN TRUONG - Responsibility of enterprises in vocational training to ensure responsible business - Approach from international and Vietnamese legal regulations

Ensuring access to vocational training, skills development and adaptation to technological change not only contributes to improving the quality of human resources and labor productivity, but also reflects the commitment of enterprises on the basis of respecting human rights and ensuring sustainable development. The article approaches from a comparative perspective, analyzing policies and laws to clarify the theoretical basis and content of vocational training responsibilities of enterprises within the framework of responsible business. Based on international standards of the International Labor Organization (ILO), the Organization for Economic Cooperation and Development (OECD) and the United Nations, the article compares with current Vietnamese legal regulations and points out shortcomings in institutional design and limitations in implementation; from there, it proposes research and selective absorption, suitable to Vietnam's conditions, to improve the law towards internalizing international commitments, and at the same time, proposes integrating vocational training responsibilities as a criterion in sustainable development policy tools.

9. VO QUOC THUAN - Laws of some countries on recovering corrupt assets without conviction and experience for Vietnam

In Vietnam, in recent years, the Party and State have always paid special attention to the fight against corruption and the recovery of corrupt assets. In addition to the achievements, the fight against corruption and the recovery of corrupt assets still face certain difficulties and limitations. This article studies and analyzes the laws of some countries in the world on the recovery of corrupt assets without conviction; analyzes and evaluates current Vietnamese laws; thereby, making recommendations to improve the law and enhance the effectiveness of the application of the law on the recovery of corrupt assets without conviction in Vietnam in the new context.