CONTENTS

RESEARCHING, MAKING AND COMPLETING LAWS

1. DINH VAN MINH & DINH LUONG MINH ANH - Improving the quality of circulars contributes to removing institutional bottlenecks in investment and business in Vietnam today

In the process of completing institutions and the investment and business environment in Vietnam, the quality of circulars plays a particularly important role, as they are direct legal tools that concretize and implement laws and decrees in practice. However, many current circulars still have some limitations, such as regulations exceeding authority, issuing investment and business conditions contrary to the law, lacking consistency, transparency, and feasibility, and even issued late. These shortcomings not only reduce the effectiveness of policy implementation but also create bottlenecks in institutional reform aimed at promoting the development of the private sector. This article focuses on analyzing the role and quality of circulars in the investment and business legal system; assessing the limitations and main causes in the drafting and issuance of circulars; and proposing some solutions to improve the quality of circulars, contributing to removing institutional bottlenecks and promoting reforms in the investment and business environment in Vietnam today.

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

2. NGUYEN DUC LONG - Protecting personal data in e-commerce according to Vietnamese law - Obstacles and directions for improvement

With the rapid development of information technology, the risks of personal data breaches, especially in e-commerce activities, are increasing. Therefore, protecting personal data is becoming an urgent issue in the digital age. This article analyzes legal regulations on personal data protection in e-commerce, focusing on Government Decree No. 13/2023/ND-CP dated April 17th, 2023, on personal data protection and the Law on Personal Data Protection of 2025. It identifies existing shortcomings and proposes directions for improving the law with the goal of ensuring harmony between e-commerce development and the protection of personal data of subjects in the digital environment.

3. HUYNH NU KHUE CAC & NGUYEN THI THANH BINH - Chauffeur service contracts via mobile phone applications

In the context of the State enacting increasingly strict penalties for drunk driving, the demand for chauffeur services has sharply increased. However, this type of service is not directly regulated by law, leading to gaps in defining contractual relationships, the rights and obligations of the parties, and the mechanism for accountability when risks arise. This article analyzes and clarifies the legal basis of chauffeur contracts, assesses the current state of regulation, and proposes solutions for improvement to ensure both legal safety and alignment with the development of the digital economy.

INTERNATIONAL LAW

4. NGUYEN PHUONG THAO - The two-tiered local government model in Japan and experience for Vietnam

Japan is one of the exemplary Asian countries that has operated an effective and stable two-tiered local government model for decades. This article analyzes the organizational structure, powers, budget allocation, and relationships between the different levels of government in Japan, drawing practical lessons and proposing solutions to improve the two-tiered local government model in Vietnam in a way that is effective and suitable for development and integration requirements.

5. DINH CONG TUAN - Laws on witness protection in criminal cases in China and recommendations for Vietnam

Witness protection is one of the crucial elements in ensuring justice and the effectiveness of criminal proceedings. In China, the witness protection mechanism has been gradually improved in recent years, particularly through the amendment of the Criminal Procedure Code and its subordinate regulations. This article analyzes the current legal framework for witness protection in criminal proceedings in China, assessing the progress, shortcomings, and limitations in its practical application, and offers some recommendations for Vietnam in the process of law improvement on witness protection.

6. TRAN LINH HUAN - Protecting consumer personal information in e-commerce - International experiences and recommendations for improving Vietnamese law

In the context of the rapid development of e-commerce and its role as a pillar of the digital economy, the issue of protecting consumers' personal information is becoming increasingly urgent, especially after the Law on Consumer Rights Protection 2023 came into effect. Based on an analysis of current regulations and a comparison and reference to typical legal standards of the European Union, Singapore, and Japan, this article assesses the current situation, points out limitations regarding transparency, privacy protection mechanisms, and the responsibility of businesses in handling personal data, and proposes solutions to improve Vietnamese law on protecting consumers' personal information in e-commerce activities, aiming to enhance consumer protection effectiveness and promote the sustainable development of e-commerce in Vietnam.

7. HUYNH VIET MINH TRI & TRUONG THI MINH THU - European Union Regulations on Consumer Protection in the cryptocurrency market and proposals for Vietnam

In the context of a rapidly developing cryptocurrency market with numerous potential risks for customers, establishing mechanisms to protect participants has become crucial. This article analyzes the European Union's General Regulation on Cryptocurrency Markets (MiCA) in protecting customers through obligations to service providers and requirements for information transparency, particularly in the white paper, creating a secure foundation for the market. Through this analysis, the article identifies limitations in the current mechanism in Vietnam and proposes improvements to the legal framework, enhancing transparency, accountability, and protecting the rights of participants, while promoting the safe and sustainable development of the domestic cryptocurrency market.

8. HO THI THANH TRUC - Determining the employment status of ride-hailing drivers according to California State Assembly Bill No. 5 (2019), Proposition No. 22 (2020) and recommendations for Vietnam

The rapid development of the sharing economy, particularly in the form of a platform labor market also known as the freelance economy, poses numerous legal challenges globally. Among these, determining the employment status of workers in this economy is a central issue, still subject to much debate both theoretically and practically. The most common and typical group of workers whose employment status needs to be determined is ride-hailing drivers. In 2019, the California State Assembly enacted Assembly Bill 5 to address this issue. However, just one year later, Proposition 22 was passed, excluding ride-hailing drivers from the scope of AB 5 and establishing them as a third type of labor with its own regulatory mechanism. This article analyzes the content of AB 5 and Proposition 22, and from there, proposes several recommendations and policies for Vietnam.

Ảnh: Internet