CONTENTS

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

1. LE THI HIEN - Ho Chi Minh's thought on building a team of judicial officials in the new period

In the context of building a socialist rule-of-law state in Vietnam and promoting judicial reform, the need to develop a strong staff of judicial officials with adequate qualities and capacity is becoming urgent. Given the strong impacts of the international integration process and digital transformation in the judicial field, the study and application of Ho Chi Minh's thought on personnel work is of great significance, contributing to determining the theoretical and practical basis for training and fostering a team of judicial officials who are “both red and professional”. The study proposes solutions to improve political capacity, moral qualities, professional capacity, vocational skills and the ability to apply modern technology. The results show that building a team of judicial officials who meet the requirements of the new period is a key factor in ensuring the effectiveness of judicial reform and strengthening people's trust in justice.

2. NGUYEN THAI THINH - Ho Chi Minh's thought on the benefits associated with the people in public service activities

Ho Chi Minh's thought plays an important role in building a socialist rule-of-law state, building a public service for the people, taking the people as the root. The article analyzes the role of Ho Chi Minh's thought on “doing everything that is beneficial to the people” as the foundation for public service activities in the current context, at the same time, pointing out the limitations in law enforcement when there is a lack of a suitable legal corridor, leading to the mentality of avoiding and fearing responsibility of civil servants. From there, it proposes legal solutions to ensure the rule of law, promote creativity, and improve the efficiency of serving the people.

3. DANG VU HUAN - Leniency policy in Vietnam's Competition Law - From regulations to implementation

To combat anti-competitive agreements, competition laws in many countries around the world not only stipulate penalties for this act, but also stipulate leniency policies, accordingly, exempting or reducing penalties for those who provide information and evidence to competition management agencies about prohibited anti-competitive agreements. Learning from the experience of international competition laws, Vietnam has stipulated leniency policies in Article 112 of the 2018 Competition Law, however, the feasibility of these policies in practice is still limited. Through identifying the content and nature of leniency policies, this article analyzes and compares the leniency policies in Vietnam's Competition Law with those of some countries, pointing out the issues that need to be overcome for this policy to be effectively implemented in practice.

4. LE THI THU THUY - Improving the effectiveness of the legal dissemination and education by the commune police in border areas

Dissemination and education of law is one of the basic tasks of state management and is a bridge between the law and the people. In the current period, when the requirements for building a rule-of-law state and promoting the role of social management by law are increasingly high, the work of disseminating and educating the law by the communal police force plays an increasingly important role. This article studies the current situation of disseminating and educating the law by the communal police force in border areas, identifies the achievements and difficulties and obstacles encountered. On that basis, it proposes solutions to contribute to improving the effectiveness of disseminating and educating the law by the communal police force in border areas in the coming time.

5. TRINH THI THU HIEN - Ensuring the right to participate in cultural life of ethnic minorities from the practice of Gia Lai province

Ensuring the right to participate in cultural life of ethnic minorities is an urgent requirement in the process of building a comprehensive and sustainable society in Vietnam today. Based on theoretical analysis and practical survey in Gia Lai province, where 24.76% of the population are ethnic minorities from 44 groups, the article evaluates the implementation of this right according to the analytical framework of General Comment No. 21 of the United Nations, including three criteria: availability, accessibility and acceptability. The results show that there are still limitations in grassroots cultural institutions, regional differences and the level of participation is still formal. From there, the article proposes solutions to increase efficiency and ensure the right to participate in cultural life of ethnic minorities in Gia Lai province.

INTERNATIONAL LAW

6. LY NAM HAI - Legal dissemination and education for fishermen in some countries in the world and suggestions for Vietnam

Countries with maritime borders have great advantages in economic development and ensuring security and defense. Realizing the benefits from the sea, coastal countries always pay special attention and have specific policies for sea fishermen, including the legal dissemination and education. In recent years, Vietnam has developed and implemented many programs and plans to raise legal awareness for sea fishermen, meeting the requirements of international law on f ishing, however, it has not yet removed the “yellow card” of the European Commission, affecting the image of Vietnam in the world and the export capacity of the Vietnamese seafood industry. Therefore, studying the popular models of legal education for fishermen in some countries in the world, especially those countries with geographical location, economic relations, security, and sovereignty over sea and islands with Vietnam will suggest many experiences for Vietnam to study and selectively absorb into the practice of legal dissemination and education.

7. DO HA ANH - Limiting freedom of contract in labor relations to prevent discrimination due to family responsibilities under US law - Suggestions for Vietnam

In the world in general and in Vietnam in particular, forms of discrimination due to family responsibilities are increasingly sophisticated and widespread, so research on the limits of freedom of contract in labor relations becomes necessary to ensure real fairness between employees and employers. Vietnamese law has some provisions to protect pregnant female workers and workers with young children, but it does not cover other family responsibilities and lacks indirect mechanisms to prevent discrimination due to family responsibilities. Based on the experience of the United States, this article recommends improving Vietnamese law on limits of freedom of contract in labor relations in a substantive and transparent manner, ensuring harmonious labor relations and a stable and sustainable labor market.

8. TANG XUAN HAI, NGUYEN TRUNG NGHIA & GIANG LY HUYNH - Legal regulations on short selling thresholds in the United States and Singapore - Proposals to improve Vietnamese law

Short selling of securities is a complex financial activity with two sides, contributing to increasing liquidity and reflecting the true market value, while also potentially manipulating the market and increasing risks if not strictly controlled. In the context that Vietnam is gradually completing the legal framework to allow the implementation of short selling activities, the study of regulations on short selling position thresholds is of great significance to ensure the stability and safety of the market and protect the legitimate rights of investors. Studying legal regulations related to short selling position thresholds in developed markets such as the United States and Singapore, and assessing the current state of Vietnamese law on this issue, the article then points out some shortcomings and proposes solutions to improve regulations on short selling position thresholds in Vietnam, contributing to creating a solid foundation for the official implementation of this activity.

(Ảnh: Internet)