CONTENTS

RESEARCHING, MAKING AND COMPLETING LAWS

1. NGUYEN VAN NHAN - Approaching the perspective of legal economics in completing the law in Vietnam

The article studies and analyzes the development of ideas on the relationship between law and economics, focusing on the school of legal economics with the cost-benefit analysis method, highlighting the important role of considering behavioral impacts and resource allocation efficiency in law making and law completion. On that basis, it proposes to apply the method of legal economics to the legislative process in Vietnam to improve efficiency, transparency, social justice and contribute to promoting sustainable legal reform in the context of international integration and digital transformation.

2. NGO KHANH TUNG - Completing the law on the obligations and educational rights of parents towards their children

The article studies and analyzes the shortcomings in the legal regulations on the obligations and educational rights of parents towards their children, thereby making some recommendations to improve the law to promote the right to education of children in the family to be implemented effectively, meeting the development requirements of children and society in the current context.

3. LE MINH HOÀNG - Completing the law on the jurisdiction of labor arbitration in individual labor disputes in Vietnam today

Individual labor disputes are the most common disputes in labor relations and are becoming increasingly complex. Along with that, the need for an effective, flexible dispute resolution mechanism that ensures the rights of all parties is also increasing in the labor field. Labor arbitration, with its independent nature and designed according to a tripartite mechanism, has the potential to become an effective method of resolving individual labor disputes. This article analyzes the current legal status on the jurisdiction of labor arbitration over individual labor disputes, thereby proposing a number of solutions to enhance the jurisdiction of labor arbitration over individual labor disputes in Vietnam.

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

4. HOANG MINH HAI - Completing and enhancing the effectiveness of law enforcement in handling violations in the field of wildlife protection in Vietnam

In recent years, the legal system on handling violations in the field of wildlife protection has had many positive changes. However, practice shows that there are still many shortcomings in regulations and enforcement organization, affecting the effectiveness of State management. Based on the assessment, current legal status and practical application, this study proposes a number of solutions to complete the law and enhancing the effectiveness of handling violations in the field of wildlife protection.

5. HUYNH NU KHUE CAC - Applying generative artificial intelligence in legal training - Opportunities, challenges and some solutions

The article analyzes the opportunities and challenges for law training in the context of rapid development of generative artificial intelligence and its strong impact on legal education. From identifying the requirements for innovation according to the orientation of the Party and the State, the study assesses the potential application of generative artificial intelligence in law training; at the same time, points out related risks such as academic fraud, misinformation, algorithmic bias and ethical and legal issues. On that basis, the study proposes complete solutions when integrating generative artificial intelligence in law training in Vietnam.

INTERNATIONAL LAW

6. NGUYEN LU TAN GIANG - Invalid contracts due to economic threats under English law and suggestions for Vietnam

Economic threat is a legal doctrine that appears in English law and it is used to determine whether a contract is invalid when one party is forced to sign a contract under illegal economic coercion. This doctrine plays a role in protecting the principle of freedom and voluntariness in contract conclusion. In Vietnam, the 2015 Civil Code has not yet stipulated economic threat as a basis for determining whether a contract is invalid. This creates certain limitations in the process of negotiating or resolving disputes related to contracts. This article studies the economic threat doctrine in English law through typical case law, clarifies the three elements constituting economic threat and assesses the legal consequences. On that basis, the article proposes some suggestions for Vietnam to study and selectively absorb in improving the law related to declaring a contract invalid due to economic threat.

7. NGUYEN TRUNG KIEN - Protecting consumer rights in livestream shopping - Experience of the European Union and some recommendations for Vietnam

The article analyzes and compares the legal framework regulating livestream shopping activities between Vietnam and the European Union, thereby pointing out some “gaps” in current Vietnamese law, thereby proposing some proposals to complete the law to improve the standards of consumer rights protection in Vietnam, approaching international practices

8. DUONG VAN QUY - Beneficiary owners: approach from the principle of “substance over form” - Experience of some countries and recommendations for Vietnam

The article analyzes the beneficial ownership regime in Vietnamese corporate law from the legal principle of “substance over form”. The legalization of this concept is an important step forward, but research shows that current regulations still have the potential risk of being applied in a formal manner, reducing the effectiveness of the information transparency policy. Through analyzing legal gaps and referring to the experiences of the United Kingdom, Australia and Austria, the article points out the challenges in identifying complex control structures; thereby, proposing a number of solutions to improve legal regulations on the issue of beneficial ownership to ensure that the principle of “substance over form” is effectively implemented in practice.